Florida Record

Sunday, December 15, 2019

Plantation attorney disbarred after allegedly mishandling 2 criminal appeals

Discipline

By Karen Kidd | Dec 3, 2019

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TALLAHASSEE (Florida Record) — Longtime Plantation attorney Scott David Rubinchik faces disbarment following a Nov. 7 Florida Supreme Court order over allegations that included mishandling two criminal appeals, according to a recent announcement by The Florida Bar.

"Rubinchik was suspended by the Fourth District Court of Appeal and referred to The Florida Bar for his failure to respond to the appellate court multiple times in two criminal appeals," the state bar said in its Nov. 26 announcement of the discipline and the state Supreme Court's order. "Rubinchik also failed to take actions for which he was hired and misrepresented the status of the case to his client."

In another allegation, Rubinchik was hired to modify child support for a client "and while successful, he failed to draft an order as instructed by the court and took no action for five years," the announcement said.

In its two-page order, the Supreme Court approved the finding of fact and recommendations of guilt in the referee's report filed in the matter before disbarring Rubinchik for five years. His disbarment was effective 30 days from the date of the court's order to allow him time to close his practice and protect his existing clients' interests, according to the high court's order. The court also ordered Rubinchik to pay a little more than $3,254 in costs.

Florida court orders are not final until time to file a rehearing motion expires. Filing such a motion does not alter the effective date of Rubinchik's disbarment. Attorneys disbarred in Florida generally cannot reapply for admission for five years and must pass an extensive process that includes a rigorous background check and retaking the bar exam.

Rubinchik was admitted to the bar in Florida on Sept. 27, 1996, according to his profile at the state bar website.

In his answer to the state bar's formal complaint, Rubinchik maintained that he provided his clients provide competent representation and that he consulted with his clients and kept them informed.

Rubinchik also maintained that he "he has comported himself with the professional conduct to be observed by members of The Florida Bar" and "that allegations as set forth in the Complaint cannot be proven by clear and convincing evidence."

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Organizations in this Story

The Florida BarFlorida Fourth District Court of AppealFlorida Supreme Court

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