Wednesday, January 13, 2010

Hank Adorno "Not A Class Action Lawyer."


So says Hank's lawyer Andy Berman at the ongoing sanctions hearing, as reported by the always excellent Julie Kay.

Question: then why was Hank handling a major public-interest class action?

Also, can someone explain to me the purpose of calling "character" witnesses such as Raoul Cantero and Sandy Bohrer?

Generalized evidence from other lawyers about the reputation of another lawyer seems to be totally irrelevant to determining specific questions of legal or ethical violations.

Plus it's inherently unreliable.

I mean, isn't that obvious by now?

I'm not suggesting any parity at all in this example, but imagine a year ago and the issue on the table was the "reputation" or "character" of our own major macher Scott Rothstein.

You had seventy lawyers, judges, etc. who worked for him, numerous politicians, sports stars, jewelers, businessmen, charities and others who vouched for his character, he was appointed to JNC and grievance committees etc., and you could have probably lined up 100 prominent and well-respected lawyers who would have extolled Scott's virtues to the heavens.

And this means what?

Or how about this -- a year ago Hank could have called successful and well-respected Broward litigator Scott Rothstein as a character witness.

See what I mean?

Have we learned nothing about the fragile house of cards upon which lawyers can create and sustain reputations in our sunny town?

30 comments:

Anonymous said...

At first glance, I thought Berman was being extremely candid in describing his client when he stated that Adorno was "Not a Class Act Lawyer." Oops!

Anonymous said...

you are a hater

Anonymous said...

Call Ron McGill.

Anonymous said...

self-satisfied pomposity

Anonymous said...

They should allow negative character witnesses and this nonsense would end quick.

Anonymous said...

SFL, Rothstein just vouched for Nurik--

"I've known Mr. Nurik for over 30 years and I've never known him to deviate from his representation of any client, and I wouldn't expect that to start with me."

aku cuma seorang blogger yang cinta seo said...

hater?

Technology said...

self satisfied pomposity??

Aku cuma seorang blogger yang cinta seo

Anonymous said...

Adorno is to a clASS action lawer.

Anonymous said...

John B. Thompson, J.D.
5721 Riviera Drive
Coral Gables, Florida 33146
305-666-4366
amendmentone@comcast.net

January 13, 2010

The Honorable Jack B. Tuter
Broward Circuit Court Judge
Ft. Lauderdale, Florida jtuter@17th.flcourts.org

Re: Florida Bar v. Adorno

Dear Judge/Referee Tuter:

In light of the apparent incompetence or lack of zeal of The Florida Bar’s prosecutors in the above matter, please note:

It is beyond irony that Sandy Bohrer would be testifying on behalf of Hank Adorno today in your courtroom, as Bohrer got caught doing precisely what Adorno got caught doing, to-wit:

In 1987, Bohrer settled a dispute between a local radio station and me. Bohrer assured me and my lawyer that he had the full approval of the parent company in Portland, Maine, as to the settlement.

A year later, with literally hundreds of breaches of that agreement that Bohrer said had been approved by the parent company, Chuck Kline of White & Case (Raoul Cantero’s firm), informed me and my counsel and the court that in fact Sandy Bohrer had never secured the approval of the settlement from the Board of the parent company and that he, Bohrer, had conspired with the Executive Vice President of the company to hide his, Bohrer’s, own personal liability exposure in the matter, from the Board!

Chuck Kline of White & Case at 305.3712700 can verify all of this.

So here we have, today, Bohrer coming into your courtroom to try to convince you that Adorno’s conduct was just fabulous, and that the non-disclosure agreement not to let the taxpayers of Miami know about the settlement was just fine.

What’s next, is G. Gordon Liddy going to show up in your courtroom to explain that burglaries are lawful acts?

Regards, Jack Thompson

Copy: The Florida Bar
Bruce Rogow
Raoul Cantero

Anonymous said...

John B. Thompson, J.D.
5721 Riviera Drive
Coral Gables, Florida 33146
305-666-4366
amendmentone@comcast.net

January 12, 2010

The Honorable William Newton Shepherd
Florida Statewide Prosecutor
1515 North Flagler Drive, Suite 900
West Palm Beach, Florida 33401 Via Fax 561-837-5107 and
e-mail william.shepherd@myfloridalegal.com

The Honorable William McCollum
Florida Attorney General
C/o Correspondence Section
400 S Monroe St Ste PL-01
Tallahassee, Florida 32399-6536 Via Fax 850-410-1630

Re: Statewide Grand Jury Impaneled by Florida Supreme Court on 12/2/09

Dear Mr. Shepherd and Attorney General McCollum:

I write to inform you further of the central role that The Florida Bar plays in the corruption of state government, as indicated now by events in the last two days in the Hank Adorno fire fee case.

Briefly, Hank Adorno, former law partner to Raul Cantero, the former Florida Supreme Court Justice, got caught several years ago settling a class action on behalf of the taxpayers of Miami for $7 million, distributing it to only seven people, and keeping a $2 million fee. Adorno and his firm left in the lurch every other taxpayer in Miami, who were due up to $75 million dollars as members of the class that Adorno represented.

The Third District Court of Appeal, in affirming the trial court’s setting aside of the settlement from which only seven clients and the Adorno firm benefited, affirmed the finding of a breach of fiduciary duty. The Third DCA stated: "The original plaintiffs, together with Adorno & Yoss, then conspired to keep silent about the settlement terms, to the detriment of the other taxpayers." The Third DCA found a conspiracy to breach fiduciary duty to the detriment of the class. The evidence in the set aside case was irrefutable that the mails and wires were used, which gives rise, it would seem, to federal wire and mail fraud violations as a deprivation of honest services.

The Third DCA dropped this hammer on Hank Adorno: “Plainly and simply, this was a scheme to defraud. It was a case of unchecked avarice coupled with a total absence of

Anonymous said...

shame on the part of the original lawyers. The attorneys manipulated the legal system for their own pecuniary gain and acted against their clients' interests by attempting to deprive them of monies to which they might otherwise be entitled.” You can read this entire Third DCA order at http://www.3dca.flcourts.org/Opinions/3D06-1259.pdf.

In light of these findings and stern language coming from the Third DCA, The Florida Bar was forced to proceed against Hank Adorno, which was the last thing this highly-politicized integrated state bar wanted to do. The reason is explained by the ABA McKay Commission’s Report, which I have already shared with you.

What happened in The Bar proceedings? Hank Adorno got the best possible result while The Bar could claim to be going after him: First, then Miami-Dade Chief Judge Joe Farina acceded to Adorno’s request that the case be tried to a Broward judge instead of a Miami-Dade judge. This violates The Bar’s and the Supreme Court’s Rule that whereas any other circuit’s lawyers must be tried by referees who are judges in different circuits, all Eleventh Circuit lawyers are to be tried to Eleventh Circuit judges. Let’s call this exception the “Hank Adorno Rule.” Adorno had given Farina the maximum campaign contribution in the previous election cycle of 2008. Farina asked the Supreme Court to change the venue for his campaign donor Adorno, and the Supreme Court acceded to Farina’s request and chose Broward Chief Judge Victor Tobin to pick the Referee. First he chose Judge Linda Vitale, The Bar objected to her, and then Tobin chose Judge Jack Tuter. As you know, Judge Tobin is to preside over the Statewide Grand Jury, despite the fact that he received monies from the Scott Rothstein firm and sent out an e-mail asking Broward judges to extend special courtesies to Rothstein firm lawyers.

Judge Tuter this week found that Adorno breached his duty to the class but that he did not intentionally mislead the trial judge as to the nature of the settlement. Note that this finding is wholly at odds with what the Third DCA found.

What lawyers and others in South Florida are now asking themselves is this: How do you unintentionally commit fraud?

Here’s just as good a question: Why did The Florida Bar not draft and proceed with an Adorno Complaint that charged him with some of the most egregious things the Third DCA concluded he did? Instead, The Bar intentionally came up a soft complaint so that any sanction would be light. It was the equivalent of knowing someone had committed murder yet charging him with battery.

Adorno’s attorney, Bruce Rogow, who used to be an ACLU free speech advocate but is now making fraud a specialty, is ebullient, as Rogow informed South Florida that all Mr. Adorno deserves from The Bar is an apology his having gone through six years of distress. One can imagine the Third DCA might not agree with this assessment. Rogow is in effect flipping off that appellate court.

Disturbingly, The Bar now has announced that it is only seeking a suspension (length unknown) for Mr. Adorno. It also appears that The Bar is going to accept these tame

Anonymous said...

findings of Referee Tuter and not Petition the Florida Supreme Court for Review of Tuter’s erroneous findings. Contrast what he has found with what the Third DCA concluded: “It defies any bounds of ethical decency to view class counsel’s actions as anything but a flagrant breach of fiduciary duty.”

This is one of the highest visibility lawyer ethics cases ever prosecuted, if you excuse the use of that term, by The Florida Bar. It arose out of the attempt of a politically-connected law firm to rip off all the taxpayers of Miami. The Third DCA, which has a bit more heft than Jack Tuter, unanimously concluded that Hank Adorno had acted out a “scheme to defraud.” Not a negligent, unknowing, sloppy, inadvertent, unintentional breach of fiduciary duty, but rather what most folks would consider to be what Judge Cortina on the Third DCA called in his concurrence “reprehensible conduct.

Indeed, Cortina points out that Adorno entered into a non-disclosure agreement as to the settlement to hide it from public view, thereby obstructing the state’s public records laws, Chapter 119.

Judge Cortina further opines that only someone who was “gullibly inclined” would have found Adorno to be credible in any of this (apparently that would include Jack Tuter).

Finally, Judge Cortina writes this: “More unethical and reprehensible behavior by attorneys against their own clients is difficult to imagine.”

Thus, the author of what Judge Cortina considered to be conduct so unethical that it would be difficult to think of something worse, is to get, at best a suspension, because of a lay down by The Florida Bar.

This is being done, it seems, because of who Hank Adorno is and whom he knows, just as the poll of Florida Bar members done by Miles McGrane found to be the case.

What is the Board of Governors doing in furtherance of their duty, as set out in Bar Rules, to oversee the disciplinary process, telling its Bar prosecutors to do about Referee Jack Tuter’s bizarre findings, made possible by Vic Tobin’s appointment of him as Referee? Apparently nothing. If The Florida Bar does not petition the Florida Supreme Court for review of Jack Tuter’s idiotic ruling, then it will show that it is above the Third District Court of Appeal, and that it is in fact above the entire judicial system in Florida. Bar Referee Jack Tuter has attempted to repeal the principle of res judicata by supplanting the Third DCA ruling with his own.

The bottom line is this: If the Statewide Grand Jury wants to get to the bottom of why government officials are for sale in this state, then it needs to look at the disturbing ways in which The Florida Bar protects the guilty and targets innocent whistle-blowers.

I demand yet again, on my own behalf and on behalf of more than 20 other citizens, to appear before the Grand Jury to explain how and why The Florida Bar has become, as the ABA McKay Commission and US Supreme Court Justice William O. Douglas predicted

Anonymous said...

it would become: a racket that corrupts the government of the State of Florida. Hank Adorno ripped off the largest city in Florida. He is slated to get a slap on the wrist. He should be disbarred, and anyone with an ounce of brains and a speck of decency knows it.

Regards, Jack Thompson

Copies: Third District Court of Appeal
Bruce Rogow
Media
Others

Anonymous said...

thread now officially dead

Anonymous said...

DBR reporting slap on wrist recommended.

Anonymous said...

John B. Thompson, J.D.
5721 Riviera Drive
Coral Gables, Florida 33146
305-666-4366
amendmentone@comcast.net

January 13, 2010

The Honorable William Newton Shepherd
Florida Statewide Prosecutor
1515 North Flagler Drive, Suite 900
West Palm Beach, Florida 33401 Via Fax 561-837-5107 and
e-mail william.shepherd@myfloridalegal.com

The Honorable William McCollum
Florida Attorney General
C/o Correspondence Section
400 S Monroe St Ste PL-01
Tallahassee, Florida 32399-6536 Via Fax 850-410-1630

Re: The Rigging of the Hank Adorno Reprimand by The Bar

Dear Mr. Shepherd and Attorney General McCollum:

As I predicted to you yesterday in my letter re Bar v. Adorno, today Hank Adorno received the gift of a recommended “public reprimand” from Broward Circuit Court Judge Tuter.

In light of what the Third DCA concluded Adorno really did do, this amounts to a traffic ticket for genocide.

I now know from someone within The Bar—a mole—that this outrageous result was rigged by The Bar. I can’t wait to tell the Statewide Grand Jury about it.

Further, please note that this weak-kneed Referee was chosen by Victor Tobin. Tobin is a recipient of Rothstein money and the very same Chief Judge who emailed other judges to ask them to extend favors to Rothstein firm lawyer. Tobin picked the Referee—Tuter—who turned the most scandalous lawyer ethics case in the last 20 years in Florida into now a demonstrable, irrefutable subversion of the real judicial system by The Bar.

We have as a sideshow to this whitewash farce the antics of a former Florida Supreme Court Justice, Raoul Cantero, vouching, under oath before Tuter, for the 100% ethics purity of his mentor, Hank Adorno. Cantero must believe the trial court in the fire fee case was delusional, and so must be the three-judge DCA panel. This is, of course, what one would expect from Cantero, the grandson of Cuba’s corrupt dictator Batista. Apparently this b.s. runs in the family.

This astounding reprimand is powerful proof that The Bar truly has become a protection racket for connected political hacks like Adorno as well as, as Justice Douglas predicted, a “goose-stepping brigade” persecuting whistle-blowing, nonconformist lawyers. How fitting that a fake “free speech advocate” like Bruce Rogow would become a useful tool to such governmental tyranny.

Oh, and there’s a sex scandal twist to all of this, as the one governmental person who was in a position to pursue criminal charges against those at the center of this fire fee scandal was having consensual sex with one of the key conspirators. Imagine that? Where are Crocket and Tubbs when we need them?

When do we testify, gentlemen? And when does the office of Statewide Prosecutor inform the Supreme Court that Vic Tobin cannot possibly preside over an inquiry into his own county’s cesspool? And when, pray tell, does somebody grab Bar President Jesse Diner by the neck and shake him?

Warm personal regards, Jack Thompson

Anonymous said...

Immediate News Release – Jan. 14, 2009



Federal Lawsuit to Be Filed to Disintegrate The Florida Bar



Former and future Miami lawyer Jack Thompson announces today the imminent filing of a federal lawsuit for declaratory relief to remove The Florida Bar as the “official arm” of the Florida Supreme Court to regulate of the practice of law.



Yesterday’s stunning whitewash of the worst lawyer ethics scandal to hit Florida in thirty years, coupled with The Bar’s rigging of that whitewash to protect a powerful lawyer makes this litigative effort necessary and inevitable—and its success likely.



In The Florida Bar v. Hank Adorno, the Bar’s Referee rejected the Third District Court of Appeal’s unanimous finding that the politically-wired Miami attorney Hank Adorno led a conspiracy to defraud the taxpayers of Miami. Wrote Third DCA Judge Cortina: “More unethical and reprehensible behavior by attorneys against their own clients is difficult to imagine.” A change of venue request by Miami-Dade’s Chief Judge, whose campaign received money from Adorno, made this cover-up possible.



In 1949, the Florida Supreme Court promised in its Integration Order that The Florida Bar would never become a regulatory agency that used discipline as a means to protect some lawyers and target others. That is precisely what The Bar has become, as indicated by a poll taken of Florida Bar members themselves. A former Florida Bar ethics prosecutor has now come forward to state that The Bar has a “blacklist” of nonconformist lawyers it seeks to weed out of the profession.



The Florida Bar’s bizarre structure violates a) that 1949 Order, b) the Florida Constitution’s right to work and other provisions, c) the US Constitution’s Fifth, Fourteenth, and First Amendments and its Article IV, Clause 1 guaranteeing “a republican form of government.”



In 1991, the American Bar Association warned that the very state lawyer disciplinary structure of Florida was fatally flawed and politicized and that it would lead to bizarre ethics results that favor the guilty and persecute the innocent. That ABA predictive pigeon has now irrefutably come home to roost in the poisonous branches of The Florida Bar. Exhibit A: Hank Adorno.



Thompson will be filing a multiple-plaintiff declaratory judgment federal lawsuit and securing, by advertisements, other plaintiffs who are a) wrongly disciplined lawyers, b) clients whose Bar complaints have been ignored by The Bar, and c) others harmed by The Florida Bar’s racketeering activity. Various public interest organizations will file amicus briefs on the plaintiffs’ behalf. Thompson has already been contacted by them.



Sincere thanks go out to porn industry lawyer and former Nova Law School professor Bruce Rogow for making this lawsuit necessary and strong. Rogow represents Hank Adorno, who has done for The Florida Bar what Adorno’s blowing of the Arthur McDuffie case did for Miami race relations in 1980. Adorno’s botching of that police beating case led to the worst race riots in Miami’s history. Adorno’s latest gift to the rule of law in Florida is the disintegration of The Florida Bar.



Contact Jack Thompson at amendmentone@comcast.net and 305-666-4366.

Anonymous said...

John B. Thompson, J.D.
5721 Riviera Drive
Coral Gables, Florida 33146
305-666-4366
amendmentone@comcast.net

January 14, 2010

Jesse Diner, Florida Bar President
Atkinson Diner Stone Mankuta & Ploucha P A
1 Financial Plaza Ste 1400
Fort Lauderdale, Florida Fax 954.920.2711 E-Mail: jhd@atkinson-diner.com

Re: Greenberg Traurig Testifies AGAINST The Florida Bar

Dear Mr. Diner:

Yesterday the President of Greenberg Traurig testified FOR Hank Adorno and AGAINST The Florida Bar in Bar v. Adorno.

Pause.

Let’s get this straight, Jesse, why don’t we? The Bar pays Greenberg Traurig, I have now found out through Public Records Law requests, millions of dollars to protect, in federal court and elsewhere, the unfettered disciplinary efforts of The Bar against lawyers charged with ethics violations, even against political wise guys like Hank Adorno, supposedly.

In Jack Tuter’s Broward courtroom yesterday, The Bar’s prosecutor, Mr. Prato, was arguing that Hank Adorno should be suspended from the practice of law. That was The Bar’s position, at least publicly.

Greenberg Traurig’s President, however, Cesar Alvarez, testified yesterday, by way of an affidavit, that The Bar is wrong, that Adorno did nothing wrong, and that Hank Adorno’s actions were as pure as the driven snow. I understand why Alvarez wouldn’t want to show up as a live witness to be cross-examined. Terri Shiavo, even now, could have successfully cross-examined this putz.

Here’s the query, Jesse: Why would The Bar allow its outside general counsel to testify against it? Answer: Because this is about power, Jack, not about ethics, not about justice. Another query: When does The Bar, in light of Alvarez’ turncoat testimony, end the terminate-at-will legal services contract with Greenberg? Answer: Never, you religious nut.

This stupid mistake alone will disintegrate The Bar, Jesse. Nice job! And thanks! Maybe what we need is a screening IQ test for Bar Governors and Presidents.

Warm personal regards, Jack Thompson

Anonymous said...

John B. Thompson, J.D.

5721 Riviera Drive

Coral Gables, Florida 33146

305-666-4366

amendmentone@comcast.net



January 14, 2010



Raoul Cantero

White & Case

Miami, Florida Via Fax and email



Dear Mr. Cantero:



Please explain to me by close of business tomorrow, Friday the 15th, why I should not file a Florida Bar complaint against you arising out of the following time line:



1. You joined the Adorno & Yoss law firm in roughly 1988.



2. The Miami Fire Fee case was filed in 1998 by your law firm, with you still in that law firm.



3. You then become a Florida Supreme Court Justice in 2002.



4. The Adorno-led fraud in settling the Fire Fee case hits the fan in 2004.



5. The Third District Court of Appeal affirms the trial court’s setting aside of the Adorno settlement of the fire fee case as fraudulent, singling out Adorno as unethical.



5. With you still on the Supreme Court, Adorno appeals to it to reverse the Third DCA’s ruling.



6. Adorno’s firm then settles up with the City but enters into a non-disclosure agreement to try to hide aspects of the settlement. You’re still on the Supreme Court at the time.



7. You then leave the Supreme Court in 2008, as South Florida media report you interviewed for a job with Adorno & Yoss.



8. Finally, you show up in Judge Tuter’s courtroom this week to assert that Hank Adorno was incapable of doing anything unethical, that Hank was your mentor for 14 years (frightening thought, realizing you were on the Supreme Court after that stint), and your testimony is given for the purpose of defeating The Florida Bar’s and the Florida Supreme Court’s prosecution of Adorno.



Mr. Cantero, let me get this straight: You’re the guy who Chaired the Supreme Court/Florida Bar’s Professionalism Committee that declared a regulatory jihad on unethical attorneys.



You then leave the court, having presumably learned something, as a judge, about the fire fee case since the matter was before your court.



You then turn around and testify for Adorno, against the very purposes of the Professionalism Committee.



So what you have done, it seems to me and others, is testify as a nonjudge about matters that you were privy to as a judge. This is unethical.



You also testified against The Bar, this week, in contravention of your prior pro-ethics duties not just as a Supreme Court Justice but as the Chair of the Professional Committee. Another conflict of interest.



You also have taken the position that the Adorno firm acted wonderfully in the fire fee case WHILE you were a lawyer in that same firm at the time that the fraudulent activity occurred. Did you disclose that to Judge Tuter, under your duty to display “CANDOR” to the tribunal.



Finally, do you have a problem (maybe you don’t because of your Batista roots) being an advocate for ethics enforcement by The Bar as a Justice, and then turning around and completely undermining the disciplinary processes of The Bar?



You’ve got a day and a half, Mr. Cantero. Take your best shot.



Regards, Jack Thompson

Anonymous said...

John B. Thompson, J.D.

5721 Riviera Drive

Coral Gables, Florida 33146

305-666-4366

amendmentone@comcast.net



January 14, 2010



The Honorable Jack B. Tuter

Broward Circuit Court Judge

Ft. Lauderdale, Florida jtuter@17th.flcourts.org



Re: Public Records Request



Dear Judge Tuter:



This is a formal request, pursuant to Rule 2.240, Florida Rules of Judicial Administration, for records in your possession that show that you received “referee training” as recommended by The Florida Bar.



If you have no records or have had no such training, then you have to tell me that, per the Rule.



You have until close of business next Wednesday to let me know.



Such records are not exempt, as they are called Administrative Records under 2.240(b)(1)(B) of the Rule.



I hope, for your sake, that you had no referee training, as that would be the best explanation for how you could so thoroughly blow the Adorno case.



Regards, Jack Thompson

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