Ramy Elmasri and Adam Davis (Miami, FL) (Condo D&O) were successful in revoking Plaintiff’s counsel’s pro hac vice admission.
A New York attorney represented the Plaintiff, who is a family member in a lawsuit against an Association’s former agents. This attorney’s involvement was essential to the prosecution of this claim by the claimant.
A four (4) hour evidentiary hearing was held in Miami, Miami Dade County, before Judge Reemberto Diaz. The Plaintiff retained two Miami attorneys to defend the New York attorney at the hearing. During the hearing, Adam Davis, Esq. and Ramy Elmasri, Esq called seven (7) Florida attorneys, who testified to the New York attorney’s harassing, disruptive, and unprofessional conduct. The attorneys who testified included Mr. Elmasri and two former, local counsel who withdrew.
They elicited testimony that the New York attorney failed to identify himself as an adverse attorney to the insurance company and intentionally disclosed confidential settlement communications to a third party. In addition, Mr. Elmasri also testified as to outrageous insults and demeaning statements made by opposing counsel about the ethnicity of attorneys involved in the defense of the claim. Lastly, Mr. Elmasri discussed that the New York attorney sent multiple letters to Judges presiding over this matter demanding that they either rule in his favor or explain prior decisions.
Mr. Elmasri called the Association’s former general counsel, and the attorney who represented the general counsel in a deposition that lasted nearly five and a half hours. The two attorneys testified that the New York attorney spent the majority of the deposition attempting to elicit confidential attorney-client information, over constant objections.
During the course of the hearing, the two-local counsel testified that they withdrew from representing Plaintiff and supervising the New York attorney because they disagreed with the New York attorney’s strategy and handling of the lawsuit. In addition, one local counsel testified that he had to file documents in the Third District Court of Appeal regarding the unauthorized use of his signature block on court documents.
The last two attorneys included the Co-Defendant’s attorney who testified that the New York attorney obtained an improper clerk default and judicial default, and the insurance company’s attorney who testified that he quashed three subpoenas issued in Florida and in New York, and defended a Third District Court of Appeal regarding same.
The New York attorney called only one witness, himself, and testified that the seven attorneys who testified before him were liars and conspirators. In addition, he explained he called the FBI regarding what he believed was extortion from Plaintiff’s former local counsel who requested a retainer to handle appellate proceedings.
Based upon the foregoing, Judge Diaz revoked the New York attorney’s pro hac vice admission. Immediately thereafter Judge Diaz explained to the two Miami attorney’s representing the Plaintiff that they cannot continue to be the mouthpiece of the New York attorney or they will be assisting in the unauthorized practice of law. Judge Diaz required them to argue the next motion as they were now counsel of record. The next motion was Co-Defendant’s Motion to Vacate the roughly $500,000 Judicial Default. The Motion was granted.