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In the Supreme Court of Florida IN THE SUPREME COURT OF FLORIDA THE FLORIDA BAR, Supreme Court Case No. SC- Complainant, The Florida Bar File v. No. 2016-30,084(18C) ARMANDO EDUARDO ROSAL, Respondent. ___________________________/ COMPLAINT The Florida Bar, complainant, files this Complaint against Armando Eduardo Rosal, respondent, pursuant to the Rules Regulating The Florida Bar and alleges: 1. Respondent is, and at all times mentioned in the complaint was, a member of The Florida Bar, admitted on March 9, 1992, and is subject to the jurisdiction of the Supreme Court of Florida. 2. Respondent practiced law in Brevard County, Florida, at all times material. 3. The Eighteenth Judicial Circuit Grievance Committee "C" found probable cause to file this complaint pursuant to Rule 3-7.4, of the Rules Regulating The Florida Bar, and this complaint has been approved by the presiding member of that committee. 4. In or around October 2014, respondent filed an Amended Petition for Summary Administration in the matter, In re: Estate of Trevor Hamilton, Case No. 2013-CP-70141, in the Circuit Court of Brevard County, Florida. 5. Respondent filed the Amended Petition for Summary Administration on behalf the petitioner Jewell Lewis. 6. Respondent was retained by Tamar Peebles, his former client and a relative of Ms. Lewis, to handle the probate matter. Respondent received a legal fee from Ms. Peebles to do so. 7. Respondent improperly relied on Ms. Peebles’ assertions that Ms. Lewis had requested that respondent represent her in the probate matter. 8. Respondent never spoke with Ms. Lewis regarding the probate case. Respondent never clarified the scope of the representation and disposition of the estate assets with Ms. Lewis. Further, respondent never contacted her regarding the documents to be signed for filing with the amended petition or the subsequent quit claim deed. 9. Respondent further relied on the documents he received from Ms. Peebles, which purported to be signed by Ms. Lewis. The documents included the amended petition and the notarized quit claim deed. 2 10. Respondent failed to diligently prepare the amended petition. Moreover, respondent failed to take any steps to ensure the accuracy of the pleadings and documents he filed in the probate matter. 11. Respondent’s amended petition misspelled Ms. Lewis’ first name and incorrectly identified her as the decedent’s daughter. 12. In fact, Ms. Lewis was the decedent’s niece. Additionally, the amended petition incorrectly identified a New York address for Ms. Lewis, as the petitioner. Ms. Lewis was a resident of Delaware. 13. Ms. Lewis never signed the documents that respondent received from Ms. Peebles and subsequently filed with the court. 14. Respondent reasonably should have known that the information and documents he received from Ms. Peebles were fraudulent based on a review of the pleadings and documents in the court file. Ms. Peebles, pro se, improperly filed the original Petition for Summary Administration in the afore-referenced case in an attempt to obtain the estate assets. The pleadings and documents available for respondent’s review included, but were not limited to the Death Certificate and the Agreement to Alter Interests filed with the court by Ms. Peebles. 15. As a result of the respondent’s actions and/or omissions, the estate assets were improperly distributed to Ms. Peebles. 3 16. By reason of the foregoing, respondent has violated the following Rules Regulating The Florida Bar: a. 4-1.2(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent. However, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law. b. 4-1.3 A lawyer shall act with reasonable diligence and promptness in representing a client. c. 4-1.4(a) A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in terminology, is required by these rules; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows or reasonably should know that the client expects assistance not permitted by the Rules of Professional Conduct or other law. 4 d. 4-8.4(d) A lawyer shall not engage in conduct in connection with the practice of law that is prejudicial to the administration of justice. WHEREFORE, The Florida Bar prays respondent will be appropriately disciplined in accordance with the provisions of the Rules Regulating The Florida Bar as amended. PATRICIA ANN TORO SAVITZ Bar Counsel The Florida Bar 1000 Legion Place, Suite 1625 Orlando, Florida 32801-1050 (407) 425-5424 Florida Bar No. 559547 [email protected] [email protected] ADRIA E. QUINTELA Staff Counsel The Florida Bar Lakeshore Plaza II, Suite 130 1300 Concord Terrace Sunrise, Florida 33323 (954) 835-0233 Florida Bar No. 897000 [email protected] 5 CERTIFICATE OF SERVICE I certify that this document has been E-filed with The Honorable John A. Tomasino, Clerk of the Supreme Court of Florida, using the E-Filing Portal; a copy has been furnished by United States Mail, via certified mail No. 7015 0640 0001 2705 5320, return receipt requested to Respondent, Armando Eduardo Rosal, whose record bar address is 1490 Emerson Drive, NE, Palm Bay, Florida 32907- 3292, and via email to [email protected]; with a copy by email to Patricia Ann Toro Savitz, Bar Counsel, at [email protected]; [email protected], on this 14th day of December, 2016. ADRIA E. QUINTELA Staff Counsel 6 NOTICE OF TRIAL COUNSEL AND DESIGNATION OF PRIMARY EMAIL ADDRESS PLEASE TAKE NOTICE that the trial counsel in this matter is Patricia Ann Toro Savitz, Bar Counsel, whose address, telephone number and primary email address are The Florida Bar, Orlando Branch Office, 1000 Legion Place, Suite 1625, Orlando, Florida 32801-1050, (407) 425-5424, [email protected]. Respondent need not address pleadings, correspondence, etc. in this matter to anyone other than trial counsel and to Staff Counsel, The Florida Bar, Lakeshore Plaza II, Suite 130, 1300 Concord Terrace, Sunrise, Florida 33323, [email protected]. MANDATORY ANSWER NOTICE RULE 3-7.6(h)(2), RULES OF DISCIPLINE, EFFECTIVE MAY 20, 2004, PROVIDES THAT A RESPONDENT SHALL ANSWER A COMPL 7 .
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