Attorney Malpractice—Ignoring Court Orders gets Attorney Permanently Disbarred

Florida Record, Erwin Rosenberg’s troubles started in 2006 when Rosenberg would not produce client documents in a lawsuit.  Circuit Court Judge Gerber ruled that Rosenberg had acted in bad faith and awarded attorney’s fees.  Even after the ruling Rosenberg refused to produce the client documents.  Rosenberg to this day has refused to pay the attorney’s fees.  The judge recommended a 91 day suspension, but the Florida Supreme Court felt that that was insufficient and suspended Rosenberg for a year in 2015.

“The Referee has strong doubts about the Respondent’s fitness to practice law. It is obvious Respondent possesses above-average intelligence. It appears, however, that he lacks either the common sense or the intellectual honesty to distinguish appropriate and rational arguments from inappropriate and irrational arguments. … There are times when a lawyer must yield to the facts, precedent, or court orders. Respondent appears incapable of discerning when to yield a legally unsupportable position.”

Rosenberg had continued to file motions without merit in this case even though the judge’s order was affirmed on appeal in 2009.

The self-destructive behavior does not stop.  Even though Rosenberg was suspended on June 29, 2015, he continued to solicit new clients.  That got Rosenberg disbarred in 2016.  Rosenberg stated in one motion that the Supreme Court suspension order violated his 1^st Amendment Rights and was not enforceable.

It continues after his disbarment, Rosenberg filed requests to represent seven different clients with the court.  Rosenberg continued to file motions.

The Supreme Court ordered Rosenberg permanently disbarment on September 25, 2017.  Something tells me that this is not the end of the story.