MORE FROM THE FLORIDA BAR ZONE

Michelle Suskauer didn’t answer any of our questions, but she’ll sure be answering serious ones brought to the Bar’s attention by Jimmy Cohn.

From today’s Palm Beach Post article by Jane Musgrave:

The Florida Bar is investigating its president, longtime West Palm Beach criminal defense attorney Michelle Suskauer, after a federal judge alerted the agency that she may have let a disbarred lawyer represent one of her clients …

“Certainly his role was more than that of a paralegal,” (Judge) Cohn said after looking at dozens of emails (that disbarred lawyer John) Garcia exchanged with accused fraudster Anthony D’Amico. “And he had direct client contact, which is prohibited by the Florida Bar. And it is a serious allegation.”

“Quite honestly,” Cohn continued, “the Florida Bar needs to take a look at this, and I plan to refer it to the Florida Bar.” …

While (Suskauer) didn’t attend a hearing in February when D’Amico pleaded guilty to five counts of wire fraud for allegedly directing more than $1.5 million of a former employer’s money into his own accounts, she said she sent an associate. She said she didn’t know why Garcia sat at the defense table.

D’Amico said it was all part of the ruse to make him believe Garcia was a lawyer. The only reason he hired Garcia was because Suskauer urged him to do so, D’Amico told Cohn. She described Garcia as a “federal court specialist,” he said. So, he agreed to pay Garcia $10,000 on top of the “significant amount” he paid Suskauer, he said …

“We used him as an expert so that our clients, if they’re sentenced as such, will be able to be better acclimated to the procedure,” (Suskauer) said. Aside from offering prison counseling, he worked only as a paralegal, she said.

But, Cohn said, Garcia — with Suskauer’s help — may have stepped over some important lines. He asked Suskauer about various Bar rules that attorneys must follow when dealing with disbarred lawyers. For instance, lawyers much file quarterly reports that include statements that none of a disbarred attorney’s work involved the unlicensed practice of law and that the former lawyer had no direct contact with clients, according to the Bar’s website.

Suskauer said she wasn’t familiar with the rules but was convinced that neither she nor Garcia violated them.

“Well, perhaps you should acquaint yourself with Florida Bar Rule of Professional Conduct 3-6.1(d)(2),” Cohn said. “I think you may come away with a different opinion.” …