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FLORIDA RECORD

Sunday, September 29, 2024

Supreme Court Disciplines 5 Attorneys

Summaries of orders issued from April 29, 2024, to May 29, 2024

The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined five attorneys, disbarring one, suspending two, and reprimanding two.

The Florida Supreme Court, The Florida Bar and its Division of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the more than 111,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. To view discipline documents, follow these steps. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline.

Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that includes a rigorous background check and retaking the Bar exam. Attorneys suspended for periods of 91 days and longer must undergo a rigorous process to regain their law licenses including proving rehabilitation. Disciplinary revocation is tantamount to disbarment.

Denise A. Gunn, 2800 Davis Blvd., Suite 206, Naples, disbarred effective immediately following a May 23 court order. (Admitted to practice: 1997) Gunn failed to completely and diligently represent two clients in separate family law matters, resulting in both cases languishing unnecessarily without resolution. Gunn also failed to participate in the disciplinary proceeding and failed to respond to the Bar’s inquiries. (Case No. SC23-1428)

Scott Tully Kalisch, 435 S. Oregon Ave., Apt. 104, Tampa, suspended for 60 days and ordered to attend The Florida Bar’s Ethics School, effective 30 days following a May 2 court order. (Admitted to practice: 1983) On May 10, 2023, Kalisch was suspended for 60 days from practice and ordered to complete pro bono service by the United States District Court for the Southern District of Florida in a reciprocal discipline case. In that case, Kalisch was defense counsel for a criminal defendant who was charged with crimes related to international human smuggling. In November 2020, Kalisch disclosed four items of discovery to a third party that were under a protective order entered on October 8, 2020. (Case No. SC23-1283)

John Arthur Leklem, 3507 Neptune Dr., Orlando, suspended for 30 days, required to complete The Florida Bar’s Trust Accounting Workshop and to complete an office procedures and record-keeping analysis by and under the direction of the Diversion/Discipline Consultation Service (DDCS), effective 30 days following a May 9 court order. (Admitted to practice: 1976) Leklem represented a client in contesting a condominium association’s election process. Leklem failed to ensure that the petition for mandatory non-binding arbitration was filed on time with the Department of Business and Professional Regulation. As a result, the client’s petition was dismissed. Leklem also failed to adequately communicate with the client. In a second matter, Leklem failed to maintain his trust account records in accordance with the Rules Regulating The Florida Bar and commingled his personal funds with client trust funds. (Case No. SC23-1418)

Richard Peskin, 2 Arabian Ct., East Moriches, New York, public reprimand effective June 30, 2024, following a May 30 order. (Admitted to practice: 1989) Peskin was found to have violated several of the New York Rules of Professional Conduct as it related to the use of his IOLA account for nonvenal conversion and comingling of funds. He received a public reprimand and must complete two CLEs related to trust account management. This is a reciprocal case. (Case No. SC24-0738)

Scott Alan Selis, 1024 N. U.S. Highway 1, Ormond Beach, public reprimand effective immediately following a May 16 court order. (Admitted to practice: 1989) Selis failed to exercise sufficient supervision over his nonlawyer employees. As a result, they engaged in the unlicensed practice of law. In some instances, Selis’s lack of adequate supervision also resulted in his law firm undertaking the representation of clients without Selis’s knowledge or involvement in the cases. (Case No. SC24-0007)

Original source can be found here.

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