December 1, 2023 Disciplinary Actions

December 1, 2023 Disciplinary Actions

The Florida Supreme Court in recent court orders disciplined eight attorneys, disbarring one, revoking the license of one, suspending five and reprimanding one.

Leon Menas Boyajan, II, 2303 Highway 44 W., Inverness, suspended for one year, effective 30 days following a November 2 court order. (Admitted to practice: 1983) Boyajan engaged in a pattern of neglect and lack of communication in multiple matters. He also engaged in a conflict of interest when he consulted with three co-defendants regarding their criminal matter, and then represented two of the three co-defendants in the matter. With Boyajan’s assistance, the state obtained proffers from his clients implicating the third co-defendant in the crime, who was also a former client of Boyajan’s. Boyajan failed to explain the advantages and risks involved or obtain his clients’ informed consent with regard to the joint representation, and never sought waivers of the conflict of interest. (Case No. SC23-0630)

Kevan Kenneth Boyles, 319 8th St., West Palm Beach, disbarred effective immediately following a November 14 court order. (Admitted to practice: 1979) While suspended, Boyles handled funds located in fiduciary trust accounts on behalf of several beneficiaries. In a probate matter, he filed a Petition for Administration and an Amended Petition for Administration falsely stating he had an interest in the case because he had been asked by the personal injury attorney for the estate to serve as personal representative. Boyles also made another misrepresentation to the Bar in a sworn response identifying the attorney he had falsely stated had asked him to serve as personal representative. (Case No. SC2022-0160)

Michael Thomas Dolce, 3228 Gun Club Rd., West Palm Beach, disciplinary revocation without leave to apply for readmission effective 30 days following a November 22 court order. (Admitted to practice: 1995) On or about April 4, 2023, Michael Thomas Dolce was criminally charged by indictment with possession of material containing child pornography. The criminal case disposition is pending. (Case No. SC23-1365)

John Spencer Jenkins, 101 NE 3rd Ave., Suite 1500, Ft. Lauderdale, suspended until further order of the court, effective 30 days following a November 13 court order. (Admitted to practice: 2012) Jenkins failed to respond to The Florida Bar File No. 2023-50,541(17G). The Florida Bar filed its Petition for Contempt and Order to Show Cause on September 11, 2023. On September 13, 2023, the Florida Supreme Court ordered Jenkins to show cause by September 28, 2023. Jenkins failed to file a response to the court’s Order to Show Cause. By court order dated November 13, 2023, Jenkins was held in contempt and suspended until he has fully responded in writing to an official Bar inquiry, and until further order of the court. (Case No. SC23-1271)

Rebecca L. Morgan, 3004 Flowertree Rd., Belle Isle, suspended from the practice of law, effective immediately as Morgan is already suspended pursuant to a court order dated August 31, 2023. (Admitted to practice: 2008) The Supreme Court of Florida held Morgan in contempt for failing to respond to three separate Bar complaints. She also failed to file a response to the court’s Order to Show Cause. (Case No. SC23-1101)

Joseph Anthony Sorce, 999 Ponce De Leon Blvd., Suite 1020, Coral Gables, suspended for two years, effective nunc pro tunc to August 7, 2023. (Admitted to practice: 1994) Sorce pled no contest to charges of felony reckless driving with serious bodily injury, possession of cocaine, and two counts of misdemeanor DUI. Adjudication was withheld as to the felony charges, and Sorce was sentenced to five years of probation. (Case No. SC23-1100)

Michael M. Stover, 134 Masters Dr., St. Augustine, suspended for 60 days followed by a three-year period of probation effective 30 days following a November 22 court order. (Admitted to practice: 2015) Stover was arrested for the purchase of illegal narcotics in exchange for legal services. The Office of the State Attorney charged Stover with purchasing or possessing with intent to purchase a controlled substance, a third-degree felony. Stover entered into a Pretrial Intervention (PTI) Contract with the State, which he successfully completed. The State Attorney’s Office filed a Notice of Completion of Pre-Trial Intervention Agreement and Nolle Prosequi dismissing the criminal charges based on Stover’s completion of the PTI contract. (Case No. SC23-1204)

Thomas J. Wenzel, 133 NW 100th Ave., Plantation, public reprimand, to be administered by service of the court’s order approving the proposed consent judgment, ordered to attend The Florida Bar’s Professionalism Workshop, submit to a Diversion/Discipline Consultation Service (DOCS) review, and directed to comply with all other terms and conditions set forth in the consent judgment. Effective immediately following an October 26 court order. (Admitted to practice: 2013) In four separate cases, Wenzel did not comply with court orders to mediate within 105 days. The presiding judge issued show cause orders, and, in one case, Wenzel did not appear for mediation, which led to a referral to the 17th Judicial Circuit’s Professionalism Panel. (Case No. SC23-1434)

The Florida Supreme Court, The Florida Bar and its Department 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.

 

Originally published at https://www.floridabar.org/the-florida-bar-news/december-1-2023-disciplinary-actions/

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