Miami Herald

Florida’s Supreme Court suspends 2 Miami lawyers and reprimands 1 based in Broward

- BY DAVID J. NEAL dneal@miamiheral­d.com

Practicing where they shouldn’t have been and not responding to Florida Bar investigat­ive records requests — in one case involving a $300,000 settlement check and a claim of misappropr­iated funds — put lawyers from Miami and Broward on the monthly list of attorneys discipline­d by Florida’s Supreme Court.

In alphabetic­al order:

ALBERT MOON, MIAMI

Albert Moon (admitted to the Florida Bar in 1978) represente­d Robert Frankl in a case against Geico Insurance. On Aug. 19, 2019, Frankl emailed Moon with an instructio­n to refrain from depositing a settlement check from Geico until he checked the closing statement for accuracy.

Trust account filings show Moon deposited the $300,000 check the next day.

Jump ahead to June 29, 2021. Frankl still didn’t have his money. Moon had a home in Sebring he’d bought in May 2020.

Frankl filed a complaint with the Florida Bar over Moon’s handling of the settlement check. The Bar subpoenaed Moon’s trust account and other financial records in August 2022.

After 15 months, the Grievance Committee found on Nov. 30 that Moon hadn’t properly responded to the subpeona and “that the noncomplia­nce was willful.”

Moon’s suspension starts April 18. He will remain suspended until he has given the Bar auditor all of the records that were requested.

MARK SOBOCIENSK­I, MIAMI

An Aug. 28 letter from the Bar alerted Mark Sobociensk­i (admitted in 2008) to a grievance by Michelle Olivera. The available documents do not detail exactly what Olivera’s complaint was, but in addition to a response to Olivera’s complaint, the Bar requested that Sobociensk­i send the Bar auditor complete records from his trust account. That’s where funds for Sobociensk­i’s clients would be kept.

Sobociensk­i sent neither those records nor any response to Olivera’s complaint.

He has been suspended until he gives the Bar a full response.

EVAN WOLFE, PLANTATION

When Plantation attorney Evan Wolfe (admitted in 1985) worked on a property insurance claim in Utah in 2016 and 2017, he did not conceal from his client the fact that he was not a member of the Utah Bar.

Wolfe’s retainer agreement with the client said as much.

Wolfe thought this played by the rules of the American Bar Associatio­n and the Utah Bar as long as he brought on a member of the Utah bar if the case went to trial.

The case never got that far, but Wolfe had run afoul of ABA and Utah Bar rules, as his guilty plea admits.

The Utah Bar referred the case to the Florida

Bar.

Wolfe received a public reprimand from Florida’s Supreme Court.

David J. Neal: 305-376-3559, @DavidJNeal

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