Florida Bankruptcy Firm Barred From Filing New Cases

[HHM]

5/18/11

A series of "missteps" and "lack of diligence" by a lawyer practicing with Kaufman, Englett and Lynd has prompted a United States Bankruptcy judge to bar the firm and the lawyer from practicing in Bankruptcy Court in the Middle District of Florida until further notice.

U.S. Bankruptcy Judge Arthur Briskman signed the three-page order today after Attorney William J. Sanchez, who is representing an Orlando couple in a bankruptcy case, failed to appear in court today despite a court order he attend the hearing.

Instead, Andrea G. Dwyer, another lawyer with KEL, attended the hearing. Dwyer said Sanchez did not attend the hearing "because he was attending to other matters," the order stated. It's not immediately clear what those matters were.

The order barring the firm from practicing in the court means KEL will not be allowed to file paperwork in any case until the issue with Sanchez is resolved. It's unclear how many cases will be affected.The firm is allowed to interact with the bankruptcy court to sort out the current issue, which was not specified in the order.

A statement issued by KEL said in part that the firm is working to "make amends with the Court."

The law firm recently bought the advertising space at the top of a downtown Orlando high rise on Washington Street at Magnolia Avenue. The firm has offices in several states across the U.S.

In late August, Sanchez filed Chapter 7 bankruptcy on behalf of the Orlando couple. On Nov. 18th, Sanchez filed a motion for sanctions against Andreu & Palma PL, the law firm representing one of creditors the couple owed, for an alleged violation of federal bankruptcy laws.

According to the motion, Andreu & Palma garnished the couple's bank account, despite having been notified the couple had filed bankruptcy.

In most cases when Chapter 7 bankruptcy is filed, it can prohibit creditors from calling, continuing or initiating lawsuits or garnishing wages, according to the United States Court website on Chapter 7 bankruptcy.

Florida Bar records show Sanchez has not had any disciplinary action in the last decade.

[email protected] or 407-420-5620.
Copyright © 2011, Orlando Sentinel

http://www.orlandosentinel.com/news/local/orange/os-kel-banned-bankruptcy-court-20110518,0,1034829.story

If any members are using the firm and have not filed, you should probably request a refund and go elsewhere.

[tobee43]

i saw it on the news last night!!! i can't believe he didn't show up for the motion and now this suspension is one of only one or two that has happened in the past 20 years in the middle district. they must have pissed off more than a few times to get these sanctions, one would conclude.

[df04527]

WOW.... KEL advertises HEAVY HEAVY HEAVY on our local TV. I swear I missed the problem though. What did they (or did not) do wrong?

[despritfreya]

Judges will financially sanction and even bar attorneys from filing additional cases when they show a track record of screwing up. The problem of incompetency is usually brought to the Judge's attention by the UST after the UST attempts to resolve the problems but is not successful. Actions like this are typically directed at mill operations where the operation falls below the standard of care that would be expected in handling relatively routine matters. I am currently following one such case which is directed at an attorney who took on too much to quickly. In this particular matter the UST directed the attorney to cease representing clients but the attorney continued. The attorney is now facing a threat of a permanent bar from practicing in the bk court of that particular district. Very serious stuff.

Des.

[tobee43]

thanks, des, exactly, it had to be MORE than that one incident. ton of mills here, that's for certain. however, this firm was not really known for that, from what i understand, although, i might be incorrect.

[despritfreya]

this firm was not really known for that, from what i understand, although, i might be incorrect.

But the problem with mill firms is that there are too many non-attorneys making the decisions. Remember, the buck stops with me. If my paralegal makes a mistake that I do not catch it is my responsibility. In mill operations the top brass may not be watching the storefront. Things slip by and, if they don't change the way the firm operates (more supervision) problems ensue. It all starts out very innocently but, remember, the cover-up is always more damaging than the actual mistake. Now, mind you, it does not have to be a mill operation. The case I am watching deals with a very small firm.

Des.

[justbroke]

I was happy to read this and I like Judge Briskman. I actually have cited several of his opinions in various motions. I have never read about a suspension to practice before the court in the 3 years that I've been reading opinions out of the Middle District. Astonishing!

[AngelinaCat]

But the problem with mill firms is that there are too many non-attorneys making the decisions. Remember, the buck stops with me. If my paralegal makes a mistake that I do not catch it is my responsibility. In mill operations the top brass may not be watching the storefront. Things slip by and, if they don't change the way the firm operates (more supervision) problems ensue. It all starts out very innocently but, remember, the cover-up is always more damaging than the actual mistake. Now, mind you, it does not have to be a mill operation. The case I am watching deals with a very small firm.

Des.

I believe this scenario may have been part of our attorney's problems. She had her own practice, though we found later that at one time she had been part of a law firm, and while at this firm had been observed by our contact, berating people, and in general, not being professional. That was years ago.

When we hired her and started working with her, for the most part, we were dealing with her assistant, 'Sue', who may or may not have been an actual paralegal. In any case, when we asked questions by phone or email, we dealt with 'Sue'. She responded fairly quickly and with good info.

Then, for whatever reason, she left, and was replaced by 'Adam'--someone from the 'Accounting Division'. What!!!???

He was as non-communicative as a knothole on your wood paneling, and the attorney, worse.

When we filed on 12/28/2007--the last possible business day to file--we had to sit in her office and practically refuse to leave before she did her job. (We had a couple of lawsuits against us pending, and we had to file before the yearly stipend from our Retirement account paid in January, thus making us wait until after July 1.)

There were several errors on our petition that we repeatedly corrected, and were repeatedly printed out wrong.

Okay, that is enough of that rant, but I will suggest that when your BK attorney has her three teen and pre-teen children in her office, at any one of your visits, it is time to bail. I know there are extenuating circumstances as to why that happens, but REALLY???

[despritfreya]

I have never read about a suspension to practice before the court in the 3 years that I've been reading opinions out of the Middle District. Astonishing!

After I went off line last night I sat down to read the complaint filed in the case I am watching. It was filed by the UST and one of the standing Trustees. Yes, if only ½ of what this person was doing is true, this person should not only be barred from practicing in the bk court (one of the prayers for relief), he/she should be disbarred period. But, justice moves slowly and in the meantime, consumers get hurt.

Des.

[tobee43]

But the problem with mill firms is that there are too many non-attorneys making the decisions. Remember, the buck stops with me. If my paralegal makes a mistake that I do not catch it is my responsibility. In mill operations the top brass may not be watching the storefront. Things slip by and, if they don't change the way the firm operates (more supervision) problems ensue. It all starts out very innocently but, remember, the cover-up is always more damaging than the actual mistake. Now, mind you, it does not have to be a mill operation. The case I am watching deals with a very small firm.

Des.

des, since moving to florida we have found everything from dentist to paralegals doing the bulk of the legal or medical work. we never even knew that a P. A. could practice medicine....or a dental tech could do a crown. we ran into the same problem with the small firm doing our bk. we were told it was a paralegal, whom after rec'ing our petition needed to be corrected 5 times. i finally insisted the pdf file we sent to me directly and i will complete the petition myself. and, while i under the ultimate responsibility lay on the actual atty, the unfortunate fact is the end results lay in the lap of the client. by the way the paralegal was a 19 year old $8 an hour employee.

however, i MUST add this fact, our atty was excellent, right on it and although right out of law school knew what he was doing. just not his staff.

[tobee43]

I was happy to read this and I like Judge Briskman. I actually have cited several of his opinions in various motions. I have never read about a suspension to practice before the court in the 3 years that I've been reading opinions out of the Middle District. Astonishing!

jb from all the stories i have heard about other states and other districts, this middle district appears to be somewhat "unusual" in some respects. i was so impressed by our trustee's office contacting us prior to the 341 to dispel and or ask for any documents in question and all pertinent info needed in advance. it saved the court time and was so efficient. actually, Judge Briskman signed our order of discharge.

[Freddy03]

I wasn't going to put this out here but this is or was my attorney group.

So yesterday I faxed them a letter stating I was reconsidering filing Ch. 7 and I would like a refund of what I have already paid.

Now this article isn't the sole reason I leaving this group. Their nasty collection letter I received a few weeks ago and this was enough.

I called today and I was told that in my contract it states I am not entitled to a refund!! When I get home today I will pull my copy and see what it says. The lady also told me that my file will be reviewed and that could take 4-6 weeks before someone even gets back to me!!

This group hasn't even ran a means test for me!! I have only spoken via email with a paralegal a few times.

Urgh I'm so mad right now!!

[tobee43]

I wasn't going to put this out here but this is or was my attorney group.

So yesterday I faxed them a letter stating I was reconsidering filing Ch. 7 and I would like a refund of what I have already paid.

Now this article isn't the sole reason I leaving this group. Their nasty collection letter I received a few weeks ago and this was enough.

I called today and I was told that in my contract it states I am not entitled to a refund!! When I get home today I will pull my copy and see what it says. The lady also told me that my file will be reviewed and that could take 4-6 weeks before someone even gets back to me!!

This group hasn't even ran a means test for me!! I have only spoken via email with a paralegal a few times.

Urgh I'm so mad right now!!

no!!! you had that firm!!!!! i' so sorry, although, i am certain they will straighten this situation out. but, it had to be pretty bad for the judge to do this.

[Freddy03]

no!!! you had that firm!!!!! i' so sorry, although, i am certain they will straighten this situation out. but, it had to be pretty bad for the judge to do this.

I don't care if it gets staightened out. I didn't care too much for them before this....lol

[debee]

Freddy, when I saw that you posted on this thread my stomach dropped!!

I was thinking, "Nooooooo, not Freddy's lawyer...." and here you are.

THANK GOD you found out now. No kidding. What a worse nightmare if you had gone forward and let these dummies botch your case.

Nothing makes me madder than bad lawyers. Now you have the opportunity to get out there and find a good one.

Bad lawyers are like loser boyfriends, better to find out earlier than later.