Taking money for nothing among the reasons Miami and Palm Beach lawyers lost licenses
This month’s phrase, when it comes to South Florida lawyers on the monthly Florida Bar discipline report, is “disciplinary revocation.”
All three attorneys below no longer may legally practice because they petitioned for disciplinary revocation. State Supreme Court orders accepting such petitions say disciplinary revocation is “tantamount to disbarment” or the attorney is “essentially, disbarred.”
“There are procedural differences between disciplinary revocation and disbarment on consent, however, these sanctions essentially have the same result: the voluntary relinquishment of the lawyer’s license to practice law,” the Florida Bar explains to its attorneys.
Disciplinary revocation makes the discipline cases against the attorney disappear. And, usually, the attorney can apply for readmission to the Bar in five years. But, they’re booted from the Bar for at least those five years and this affects none of the civil or criminal cases begat by their actions
In alphabetical order...
Robert B. Cook, Tequesta
Robert Cook (admitted to the Florida Bar in 1971) has had four disciplinary actions — two public reprimands, two suspensions — in the last eight years. The most recent of the four was a reprimand in December 2020 for filing to withdraw from a case, but not making sure the order was entered or the motion heard; and filing a notice of appearance in a foreclosure case, before pitching the case to another attorney and not backing up that attorney when he fell ill. The client wound up without an attorney for a hearing.
Cook’s being accused of contempt for two reasons: not complying with some of the conditions in his consent judgment concerning the above and his client not showing up for a deposition.
The 80-year-old working out of Tequesta petitioned for disciplinary revocation without leave to seek readmission. So, the revocation of his law license is permanent.
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Robert Pereda, Celebration and Miami
Five clients filed grievances against Robert Pereda (admitted in 2010) that alleged a total of $57,000 in misappropriated funds, triggering an emergency suspension.
READ MORE: A Miami and Orlando attorney suspended after clients say he ‘misappropriated’ $57,000
Pereda emailed the Miami Herald correspondence with the Florida Bar that said he’d agree to disciplinary revocation only if it didn’t involve restitution because, he said, that would’ve meant paying Enrique Valcarcel $50,000.
Pereda claimed the convicted cocaine dealer gave him $50,000 for a pending settlement proposal in a foreclosure sale, the deal didn’t settle, then complained when the money went toward Pereda’s fees (as Pereda said he warned him they would if the deal didn’t settle).
Valcarcel said Pereda’s wife, Zsa Zsa Pereda, requested the $50,000 as a “good faith” show of money for the lender and Pereda eluded contact when Valcarcel wanted his money back.
Pereda’s email to the Herald didn’t address a U.S. Bankruptcy Court Judge A. Jay Cristol referring him to the Bar for investigation after a case Pereda handled for his wife; the other accusations from his clients of money for nothing; or why bank records from Chase showed his trust account balance at zero, operating account and personal account in the red.
The day after emailing the Herald, Pereda signed a disciplinary revocation petition without leave to seek readmission. The word “restitution” doesn’t appear there or on the state Supreme Court order granting the petition. But, in the petition, Pereda does agree “to reimburse the Client Security Fund (CSF) for any and all funds CSF has paid or may pay out for claims resulting from” the grievances.
“This is why it is a well-known fact in Florida that any idiot can call an attorney’s office and threaten to file a bar complaint and basically get their money back, even if the attorney did nothing wrong,” Pereda wrote to the Bar. “Attorneys would rather refund a client than deal with your inept organization and its procedures. The public can blackmail attorneys and easily get away with it. It is arcane, antiquated, and downright despicable. Your priority should always be to protect your members. Everything else must come second.”
At the time of the revocation, state records said Pereda was the CEO (with Zsa Zsa Pereda as chief operating officer and Coral Gables’ Alexander X. Acosta as chief legal officer) for the nonprofit Foundation for Empowerment & Enlightenment via Literature and Education. That company was registered with the state Nov. 17, 2021, and administratively dissolved Sept. 23 for not filing its annual report.
Now, state records say Pereda, his wife and Acosta hold the same positions with Monster Media Innovations, a company registered with the state on May 28. Though Acosta is listed as the chief legal officer, no “Alexander X. Acosta” or “Alexander Acosta” or “Alex Acosta” comes up as a current or past member of the Florida Bar.
Michael Stewart, Miami
Michael Stewart (admitted in 2005) didn’t neglect to cash client checks, but he admitted neglecting to do the work of at least four clients. Stewart’s half-stepping ways cost one client her house and cost him two years via a suspension that began Oct. 14, 2021.
READ MORE: Stealing money, ignoring clients and other misdeeds by Miami and Miami Beach attorneys
Facing a conga line of nine more client neglect complaints, Stewart reached for disciplinary revocation. He stopped being a member of the Bar Sept. 22. He can apply for readmission on Sept. 22, 2027.
This story was originally published October 6, 2022 at 3:51 PM.
