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FLORIDA RECORD

Sunday, November 17, 2024

Plaintiff Accuses Law Firm Partners of Fraudulent Representation Leading to Financial Ruin

State Court
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Frank S. Castor, County Criminal Judge at the FL 15th Judicial Circuit Palm Beach | https://www.15thcircuit.com/

In a legal battle unfolding in Palm Beach County, Florida, a plaintiff has accused a law firm and its partners of fraudulent conduct and malpractice that allegedly resulted in significant financial harm. Kenneth W. Brown filed the complaint on October 2, 2024, against Bernfeld, Dematteo & Bernfeld LLP and its partners David and Jeffrey Bernfeld in the Circuit Court of the Fifteenth Judicial Circuit.

The case centers around allegations that the defendants engaged in unauthorized legal representation during proceedings related to the infamous Madoff-Picard litigation. According to Brown, he was wrongfully implicated as a co-defendant due to fraudulent transfers associated with Bernard L. Madoff Investment Securities LLC. Brown claims that the defendants held themselves out as his legal representatives without his consent or knowledge, leading to a default judgment against him for nearly $6 million.

Brown asserts that both David and Jeffrey Bernfeld misrepresented their authority to act on his behalf while representing Wendy Brown and Ken-Wen Family Limited Partnership (Ken-Wen FLP), entities involved in the same litigation. He accuses them of failing to inform him about critical developments in the case, thereby denying him due process and any opportunity to mount an effective defense. "This was an unauthorized representation," Brown states in his complaint, alleging that this breach of duty left him financially vulnerable.

The plaintiff further alleges that this unauthorized representation led to severe financial consequences when he was unaware of being named as a defendant until after a default judgment had been entered against him. The complaint details how the defendants allegedly concealed their dual representation of both Brown and Wendy Brown, which created substantial conflicts of interest detrimental to Kenneth W. Brown's interests.

Kenneth W. Brown is seeking compensatory damages amounting to $500,000 for attorney fees incurred due to what he describes as professional negligence and fraud by the defendants. Additionally, he seeks punitive damages aimed at deterring similar misconduct by other legal professionals in the future. The lawsuit highlights violations such as breach of fiduciary duty, negligence, unlicensed practice of law, and failure to communicate effectively with clients.

Kenneth W. Brown is acting pro se in this case. The Case ID is: 502024CA009507XXXAMB Div: AN.

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