Florida Record

Sunday, January 26, 2020

North Miami attorney voluntarily disbarred over alleged trust fund irregularities


By Karen Kidd | Dec 3, 2019


(Editor's note: This story has been corrected to state that Ilya Torchinsky had no prior history of discipline from The Florida Bar. A previous edition incorrectly stated that he had prior history of discipline. The Record regrets the reporting error.)

TALLAHASSEE — North Miami attorney Ilya Torchinsky has been voluntarily disbarred following an Oct. 31 Florida Supreme Court order over alleged trust fund charges and other issues, according to a recent announcement by The Florida Bar.

"Torchinsky wrongly converted client trust funds and neglected client matters," the state bar said in its Nov. 26 announcement of the discipline and the Supreme Court's order. "He returned all amounts converted."

In its two-page order, the state Supreme Court approved Torchinsky's uncontested petition for disciplinary revocation, tantamount to disbarment, with leave to seek readmission after five years. Granting the petition served to dismiss all pending disciplinary charges against Torchinsky.

Torchinsky agreed to cease practicing law within 30 days of executing his petition, issued in August, which meant his disbarment was effective immediately. The court also ordered Torchinsky to pay a little more than $5,745 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 Torchinsky'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.

Torchinsky was admitted to the bar in Florida on Feb. 5, 2008, according to his profile at the state bar website. Torchinsky had no prior history of discipline, according to his petition.

Five sets of disciplinary charges involving conversion of client trust funds allegations and one disciplinary charge alleging Torchinsky engaged in neglect and lack of communication, were pending against Torchinsky, according to his petition.

Torchinsky "understands and agrees to and immediately cease transacting any trust funds and not accept any new clients," the petition said. "[Torchinsky] further agrees to immediately begin winding down his practice, to give notice to all affected clients, and to cease all representations within 30 days of signing this petition for disciplinary revocation."

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