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Thursday, November 18, 2021

BRUCE JACOBS CATCHES 3 MONTH SUSPENSION

 Miami Lawyer Bruce Jacobs, known for his "Alex Michaels" way of litigating foreclosure defense cases, received a recommendation from County Court Judge Betsy Zane-Alvarez that he be suspended for three months and receive two years of probation.  The recommendation is a clear win for Jacobs and his lawyers Ben Kuehne and Roy Wasson as the Bar had sought a multi-year suspension for the controversial lawyer. 

Jacobs was facing three complaints- two from the Third DCA (Motto "Be NICE...to us") and one from Civil Judge Michael Hanzman who filed his complaint with the Bar while the two Third DCA complaints were already being litigated: In sum, Mr. Jacobs is unrepentant, undeterred, and continues to engage in the exact same behavior he was sanctioned for and which is now presumably being investigated by the bar.”                                            (Rumpole practice tip: Don't F with Judge Hanzman). 

Jacobs made a multitude of disparaging comments about our beloved Third DCA, including allegations that the Third DCA ignored Florida Supreme Court precedent,  violated standards of review, and that its decisions were so antithetical to the Constitution as to be traitorous and could constitute treason (but he did say the coffee in the attorney lounge at the Third was decent). 

The Rumanian Mumble it is not, see Michaels v. Loftus, 139 So. 3d 324, 327–28 (Fla. 3d DCA 2014) (The Romanian Mumble:  Mr. Michaels' use of foul language, however, is another matter. On this charge, Mr. Michaels admitted that while extending his hand toward Mr. Von Zamft, he mumbled the words “futos gutos monte” at him. Tr. 97. The trial court immediately knew or gleaned from Mr. Michaels' scornfulness that the words meant “F* *k You.” Mr. Michaels confirmed the trial judge's interpretation of the words during colloquy at the contempt hearing held a few hours later.) 

But as you can see from Judge Alvarez-Zane's painstakingly detailed order, Jacobs said and wrote a lot of stuff lawyers who aren't alleging election fraud shouldn't say. 

So here is the big question: Will the Florida Supreme Court affirm the punishment or will they increase it?


The Florida Bar v. Bruce Jacobs — Report of the Referee — Supreme Court of Florida by HR on Scribd

 
 
This story was originally reported by the DBR which is where we got the order from. 

16 comments:

Anonymous said...

FREE ALEX MICHAELS!!!!

Anonymous said...

He's not off the hook. They worsen attorney discipline cases that get up to them. The Third DCA started this matter to make an example of impudent attorneys who dare question the majesty of the courts.

Anonymous said...

The FSC is going to hammer this guy.

Anonymous said...

Every week now there’s a FLSC case increasing a disciplinary recommendation. There was one this week. Jacobs is f—-ed.

Anonymous said...

He has been a loose cannon since my days in the public defenders when he was a prosecutor. Sanctioned for prosecutorial misconduct. He should not be a lawyer.

Anonymous said...

The Supreme court will disagree with the referee and find him guilty of another charge, and will definitely up the punishment. Jacobs will be lucky if he only gets a one-year suspension.

Anonymous said...

I worked with Bruce at the SAO. He's a good guy, but definitely lost his way the last few years. Sorry to see this happen to him. The FSC is not messing around with lawyer misconduct,so I could definitly see them raising this suspension. I'd say a year suspension and longer probation.

Anonymous said...

Let's look at the latest Florida Bar disciplinary opinions issued by the Florida Supreme Court.

November 18, 2021
Florida Bar v. Derek Vashon James
Rejected referee's not guilty finding and upgraded discipline from recommended 30 day suspension to 91 day suspension

October 28, 2021
Florida Bar v. Karl O. Koepke
Upgraded discipline from recommended 1 year suspension to disbarment

October 21, 2021
Florida Bar Re: Brian John Murtha
Rejected referee's recommendation of reinstatement

May 27, 2021
Florida Bar v. Bryon R. Aven
Accepted referee's recommendation of reprimand (but Labarga dissented and said suspension was warranted)

January 28, 2021
Florida Bar v. Charles Paul-Thomas Phoenix
Upgraded discipline from recommended 90 day suspension to 2 year suspension

Anonymous said...

We all know that the 3rd DCA is horrible but, this profession will not work with lawyers who talk like that. He called judges corrupt who disagree with his side. That's not acceptable. There is no rehab for that kind of lawyer. I bet the FSC disbars him or gives him a 3 year suspension in hope he goes away.

Now that we mention horrible lawyers, what's going on with Jonathan Schwartz? He was found guilty, had oral argument before the FSC in September and so far no decision. I'm rather confident he will catch a long suspension or disbarment too.

Anonymous said...

Denaro wrote a better order in her bar case

Anonymous said...

Who cares about this bullshit. Just like any profession, there are MENTALLY ILL people as trial lawyers.

Yes. It’s true. Sometimes they have delusional and psychotic moments.

Maybe instead of disbarment, they should get 5 years of probation … with mental health treatment, medication and supervision?

Thoughts?

Anonymous said...

"He called judges corrupt who disagree with his side. That's not acceptable."

Why? Because it's not true? It's no secret that courts everywhere (but especially in Florida) turned a blind eye to fraud committed by banks in foreclosure cases. Even after the revelations of rampant "robo-signing" and all variety of illegalities committed by lenders, courts waved that aside for the sake of expediency and avoiding disruption to the system.

https://publicintegrity.org/inequality-poverty-opportunity/homeowners-steamrolled-as-florida-courts-clear-foreclosure-backlog/

The Third DCA's role in the racket was usually just issuing the token PCA to borrowers' appeals. Jacobs at least went to the trouble of producing figures showing that the Third DCA steamrolled borrowers even compared to other Florida appellate courts.

But the sacred rule of lawyers and judges is that some truths must never be spoken. All members of the bar and bench must recite that the courts are always pure as the driven snow.

Even judges candid enough to point out the failures and corruptions of the courts over which they preside are punished.

https://www.browardpalmbeach.com/news/barry-m-cohen-palm-beach-county-judge-who-spoke-out-on-racial-profiling-reprimanded-by-supreme-court-6457453

https://www.law.com/dailybusinessreview/almID/1202653324637/Florida-Supreme-Court-Not-Happy-With-Judge-Barry-Cohen-Reprimands-Him-For-Comments/

Anonymous said...

If you are going to mention Jonathan, then be fair, he was found Not Guilty by the Referee on his case and then the second Ref recommended 90 days, and look at the facts. All defense attorneys should be worried. Look at the facts: The police have the victim sitting in the police station and then they walk the defendant past her; they take def. black and white photo and rush the photo into a black and white crazy lineup with a different colored background, and then bring the victim in to identify the picture of the person she just saw! And then, after presenting 4 witnesses to implicate the alternative suspect, Schwartz puts the actual robber into the lineup and tells the witness this is a lineup you never saw and then she picks out a completely unrelated person, thereby destroying the state's case. The prosecutor then "resigned" for this and other ID case problems. Criticize Schwartz on this case at your own peril. Set your personal feelings aside and see what his case for what it really is.

Anonymous said...

"If you are going to mention Jonathan, then be fair, he was found Not Guilty by the Referee on his case and then the second Ref recommended 90 days, and look at the facts."

Yeah, he was found Not Guilty by the first referee, and the Florida Supreme Court rejected that report and found him Guilty and remanded it to a second referee to come up with recommended punishment.

https://efactssc-public.flcourts.org/casedocuments/2017/1391/2017-1391_disposition_147861_d32.pdf

The second referee recommended the softball 90 day suspension. We know the Court is going to reject that and hammer Schwartz. During the oral argument, Canady told Schwartz's attorney, Benedict Kuehne, that Schwartz "stands out" because he has had multiple disciplinary cases. He has 3 cases which are currently pending against him, the one about the line-up and 2 more which are being stayed to await the decision of his punishment for the line-up case. Canady plainly told Kuehne that rehabilitation is "not working" for Schwartz.

https://wfsu.org/gavel2gavel/viewcase.php?eid=2763

Anonymous said...

How can anyone be "fair" when discussing Jonathan. I think I was in court about 4 times when he sent someone in to say he was in trial somewhere else and judges made phone calls. OMG. He lied, over and over.

He makes all of us look bad.

Anonymous said...

Jacobs is an embarrassment to the entire legal profession. He goes after the headlines and the "wow" factors. Has anyone read his briefs and/or arguments on each FC case? The majority of his defense is copied and pasted. He has tantrums not mental breaks. He still engages in the same misconduct and disparaging comments about Judges/Courts and Banks offering no new arguments on his filings. He is not remorseful. The FSC will definitely increase the discipline. A slap on his wrist is just a license for him to continue with this behavior. Like someone said above, a loose canon.