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SUPREME COURT DISCIPLINES 16 ATTORNEYS

FOR IMMEDIATE RELEASE


September 28, 2011
CONTACT: Karen Y. Kirksey; kkirksey@flabar.org,
The Florida Bar
TELEPHONE: (850) 561-5766
Summary of orders issued July 14 Aug. 30, 2011
The Florida Bar, the state's guardian for the integrity of the legal profession, announces that the
Florida Supreme Court in recent court orders disciplined 16 attorneys, disbarring seven and
suspending six. Some attorneys received more than one form of discipline. Two attorneys were
placed on probation; two attorneys were publicly reprimanded. One attorney was ordered to pay
restitution.
As an official arm of 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 90,000-plus lawyers admitted to practice law in Florida.
Since Aug. 1, 2007, case files have been posted to attorneys' individual Florida Bar profiles and
may be reviewed at and/or downloaded from The Florida Bar's website, www.floridabar.org.
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 rejects many who apply. It includes a rigorous background check and retaking the bar exam.
Historically, fewer than 5 percent of disbarred lawyers seek readmission.
Nathan Adler, 13620 Gulf Breeze St., Fort Myers, suspended for 91 days, effective immediately,
following an Aug. 2 court order. (Admitted to practice: 1996) Adler was found in contempt for noncompliance with the conditions of his June 2010 suspension. Adler failed to submit the required
sworn affidavit listing persons and entities to whom he provided a copy of his suspension order.
He also failed to respond to official Bar inquiries. (Case No. SC11-594)
Casey Roche Bryant, 630 W. Adams St., Suite 202, Jacksonville, to be publicly reprimanded by
the Board of Governors following an Aug. 30 court order. (Admitted to practice: 2010) Bryant was
conditionally admitted to The Florida Bar and placed on probation for four years and six months
based on alcohol and substance abuse issues. He was held in contempt of court for failing to
strictly comply with the terms of the conditional admission order. (Case No. SC11-910)
Kevin Keenan Chase, 390 N. Orange Ave., Suite 1000, Orlando, suspended for 30 days, effective
30 days from a July 14 court order. Further, upon reinstatement, Chase is placed on probation for
two years. (Admitted to practice: 1994) In November 2008, Chase was arrested and charged with
misdemeanor possession of drug paraphernalia. One week after successfully completing a
pretrial diversion program, he was arrested for DUI, a misdemeanor, and felony, based upon his
possession of Hydrocodone pills without a prescription. The felony charge was dropped after
successful completion of the drug court program. (Case No. SC10-2257)
Patrick Cicalese, 129 Center St., Jupiter, permanently disbarred effective immediately, following a
July 29 court order. (Admitted to practice: 1992) Cicalese failed to comply with the conditions of
his Jan. 25 disbarment. He was required to file a sworn affidavit with The Florida Bar within 30
days of his disbarment, listing the names and addresses of all clients, opposing counsel and
entities that were furnished a copy of his disbarment order. (Case No. SC11-915)
David Anthony Harper, 2674 Derbyshire Road, Maitland, suspended for 91 days, effective 30

days from an Aug. 17 court order. (Admitted to practice: 1985) Harper assisted his parents in
preparing a lawsuit that was filed pro se in Seminole County. He subsequently challenged the
actions of certain judges for reasons that were unclear; he scheduled a hearing before a judge
that violated the administrative orders of the circuit; and he knowingly made false statements to a
tribunal regarding the qualifications or integrity of the judges in Seminole County. (Case No.
SC09-2344)
Kevin J. Hubbart, 2471 N. McMullen Booth Road Suite 316, Clearwater, permanently disbarred
effective immediately, following an Aug. 19 court order. (Admitted to practice: 1996) Hubbart
violated a suspension order of July 2009, which prevented him from practicing law. Nevertheless,
Hubbart practiced law after his suspension by agreeing to prepare a contract and become a
registered agent and director for a clients company. He has been found guilty of the unauthorized
practice of law, committing an unlawful act, and of conduct involving dishonesty, fraud, deceit or
misrepresentation. (Case Nos. SC09-1040, SC09-1218, & SC10-862)
Michael Andrew Jones, P.O. Box 1881, Englewood, disbarred for 10 years, effective retroactive to
Feb. 23, 2004, following an Aug. 19 court order. (Admitted to practice: 1980) In February 2004,
Jones was disbarred and unable to practice law in Florida. Jones began working for a lawyer in
2005 while disbarred, and had direct contact with a client, but did not divulge that he was a nonattorney, which was misleading. He also failed to file reports with the Bar regarding his newly
found employment, and failed to provide the proper affidavit to The Florida Bar regarding his new
job. (Case No. SC10-892)
Lorn Leitman, 240 Crandon Blvd., Suite 266, Key Biscayne, disbarred effective immediately,
following an Aug. 18 court order. (Admitted to practice: 1986) Leitman pleaded guilty in court to
one felony count of mail fraud. (Case No. SC11-1312)
Hugh James McCarthy, Jr., 1894 S. 14th St., Suite 4A, Fernandina Beach, publicly reprimanded
following an Aug. 19 court order. (Admitted to practice: 1998) McCarthy entered into a business
relationship with a client that he met in an alcohol and substance abuse treatment meeting. He
accepted a $2,400 retainer to handle the mans divorce. In addition to the retainer, McCarthy also
received a $1,000 loan. The relationship subsequently deteriorated, and McCarthy withdrew from
the case. He failed to communicate with his client and initially failed to answer Bar Grievance
Committee inquiries about the case. McCarthy also failed to timely repay the loan. (Case No.
SC11-1483)
John Charles Mitchell II, P.O. Box 540695, Orlando, suspended for 90 days, effective
immediately, following an Aug. 30 court order. (Admitted to practice: 1980) Mitchell was an
opposing party in litigation against a construction company. He exhibited unprofessional behavior
by impersonating an attorney involved in the litigation and impersonating another attorney on a
website; he threatened to report an expert witness employer to the Department of Business and
Professional Regulation without a valid reason, and he filed a civil fraud lawsuit without good
faith. Mitchell also made false allegations against an interviewer on the opposing side. (Case
SC11-82)
Jean Moyer, 399 Reid St., Palatka, permanently disbarred effective immediately, following an
Aug. 23 court order. (Admitted to practice: 2001) Moyer was found in contempt for failing to
comply with the conditions of a March 22 disbarment order. Moyer was required her to submit a
sworn affidavit within 30 days of her disbarment, listing the names and addresses of all persons
and entities that received a copy of her disbarment order. (Case No. SC11-1045)
James Bradford Permar, P.O. Box 9000, Bartow, disbarred effective immediately, following an
Aug. 30 court order. (Admitted to practice: 1985) Permar pleaded guilty to aggravated battery, a
second-degree felony. Permar also pleaded guilty to false imprisonment, a third-degree felony. He
was sentenced to 10 and five-year terms of concurrent probation, respectively. (Case No. SC11975)

Doris Wellman Sanders, 2181 Crawfordville Highway, Crawfordville, suspended until further
order, effective immediately, following an Aug. 30 court order. (Admitted to practice: 1997)
According to a petition for emergency suspension, Sanders appeared to be causing great public
harm. A Bar investigation indicated theft of funds by Sanders from a clients revocable trust. While
serving as the sole trustee of the trust, Sanders gave gifts to her boyfriend and relatives totaling
more than $41,000. She also paid off two personal mortgages worth $95,000 and paid herself
nearly $25,000 in attorneys fees, but failed to provide an explanation as to what she did to earn
the fees. (Case No. SC11-1661)
Jeffrey Stephen Schelling, 2223 Trade Center Way, Naples, suspended for 45 days, effective 30
days and further, placed on probation for two years, following an Aug. 30 court order. (Admitted to
practice: 1991) Schelling provided improper financial assistance to a client. He advanced funds
totaling $6,000 to a woman to assist her in covering her living expenses, including funds
advanced from his trust account. (Case No. SC11-433)
John David Todd, P.O. Box 551563, Jacksonville, disbarred effective immediately, following an
Aug. 23 court order. (Admitted to practice: 1991) Todd failed to comply with the conditions of a
February 2010 suspension order. He was required to attend the Bars trust accounting workshop
and complete five hours of continuing legal education in probate law within one year of the courts
order. He was also required to file a sworn affidavit with The Florida Bar within 30 days of his
suspension, listing the names and addresses of all clients, opposing counsel and entities that
were furnished a copy of his suspension order. (Case No. SC11-1185)
R. Scott Whitehead, 4507 Furling Lane, Suite 209, Destin, disbarred effective immediately,
following an Aug. 30 court order. (Admitted to practice: 1998) Whitehead was ordered to refund
costs and fees to 13 clients, enter into fee arbitration with 8 other clients, and pay all taxable
costs to the Florida Bar. The Florida Bar charged Whitehead in a 21-count complaint with
engaging in criminal activity, fraud, misrepresentation, deceit, neglect of clients, failure to respond
to The Florida Bar, and numerous trust account violations. (Case No. SC10-1550)

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