Helping both sides of a divorce among reasons Miami to Palm Beach lawyers got disciplined
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Bad judgment, a disappearing lawyer and disappearing money put five attorneys from Miami-Dade, Broward and Palm Beach counties on the Florida Bar list of attorneys disciplined by the state Supreme Court.
In alphabetical order:
Joseph Gibson, Miami
Gibson’s guilty plea describes getting a $4,000 retainer from a client who was being sued over a real estate matter, a client without much defense against the lawsuit. After two meetings to try to find a foundation for defense, the client didn’t show up for a third meeting and jettisoned Gibson for another lawyer.
Gibson (admitted to the Florida Bar in 1982) got a public reprimand for being slow to refund the client’s $3,500 ($4,000 minus one hour of work).
This all occurred in 2018. Gibson’s Florida Bar entry reads that he is suspended because, according to the Florida Bar, he still hasn’t applied for readmission after his January 2021 six-month suspension for lack of competence and diligence in handling a criminal case appeal.
Wendy Hausmann, Boca Raton
Hausmann (admitted to the Bar in 2000) handled work for the Pompano Senior Squadron Flying Club in 2018 and 2020.
According to her guilty plea, in December 2019, when Flying Club treasurer Carl Kennedy asked Hausmann to loan the club $10,000, she did. There was no interest charged, no promissory note, and the club paid Hausmann back with payments in February and March of 2020. Before the second payment, the Flying Club ended its legal business relationship with Hausmann.
But when the Flying Club began investigating, eventually suing Kennedy alleging misappropriation of funds, Hausmann represented Kennedy and helped him with some pro se filings. A trial court disqualified Hausmann for a conflict of interest, and an appeals court affirmed that decision. The Flying Club filed a Bar complaint.
Hausmann’s answer said she didn’t think she had an ongoing attorney-client relationship with the Flying Club.
Hausmann “had previously served as Mr. Kennedy’s family law attorney and felt that he was being bullied by opposing counsel and the Club’s Board of Directors,” the guilty plea says. “As such, [Hausmann] became involved in the litigation, but received no benefit, as she was providing the legal representation free of charge.”
That was still worth a public reprimand and one year of probation.
Beresford Landers, Lauderdale Lakes
Landers (admitted to practice in 2004) helped a wife with a pro se petition for divorce in West Palm Beach then was an attorney for the husband in the divorce and injunction cases filed in Miami-Dade. While working for the husband, his consent judgment says, Landers used information he learned while helping the wife against her.
While denying he had an attorney-client relationship with the wife, who confided in him accusations of physical abuse within the marriage, Landers admitted that he printed forms for her, filled them out after her printing wasn’t dark enough, helped her get the documents notarized, and filed them for her at the courthouse.
Though Landers testified he did the work for free and refunded what the husband paid him, this all still counted as conflict of interest as well as confidentiality violation. His 90-day suspension started Saturday, July 2.
Jonathan Lewis, Fort Lauderdale
Starlett Massey filed a Bar grievance against Lewis. The Bar asked Lewis for a response on Dec. 2. It still hasn’t received a response despite Lewis receiving more extensions than a hair salon.
On Jan. 6, Lewis asked for an extension and was given until Jan. 18. On Jan. 18, another extension request was granted, giving him until Jan. 25 to reply. On Jan. 24, Lewis requested an extension until Feb. 1, stating in an email that “I anticipate this will be the final extension needed.”
It wasn’t. A Jan. 31 email from Lewis asked for a “final three-day extension” through Feb. 3 because he was “finalizing my response” and was “working with limited time and resources in a high stakes matter.”
The Bar never received that response and skipped an April 4 Grievance Committee meeting concerning the Bar’s request for a notice of non-copliance and a finding of contempt.
Lewis’ 30-day suspension started June 6.
Robert Pereda, South Miami-Dade
The state Supreme Court granted the Bar’s request for Robert Pereda’s emergency suspension.
Five clients have filed grievances against Pereda (admitted in 2010), with client Enrique Valcarcel claiming Pereda kept $50,000 he was given as a good faith deposit while negotiating a foreclosure transaction.
Pereda sent the Miami Herald an email disputing Valcarcel’s credibility, saying the money was for a settlement proposal and he kept the money as payment promised toward Pereda’s legal fees.
READ MORE: A Miami and Orlando attorney suspended after clients say he misappropriated $57,000
Pereda’s email to the Herald didn’t address the U.S. Bankruptcy Court advising the Bar investigate Pereda for “abusing the process” with filings that served to delay his wife’s foreclosure sale of their house. Nor did it address the insufficient funds notice on his firm’s trust account that Chase Bank sent the Florida Bar.
