Just last month, Manatee County Judge Jannette Dunneigan held a two hour long contempt hearing where she laid out, in detailed, methodical judge like fashion how the mistakes, errors and ethical transgressions of foreclosure mill Smith Hiatt and Diaz had cost the court and other parties involved in a foreclosure case tens of thousands of dollars. The judge cited case after case and specific example after specific example where the firm just ignored hearings that were set and repeatedly ignored the rules of the court.
The only response offered by Roy Diaz, the partner that appeared, was essentially, “Your honor, we’re a volume foreclosure mill and we cannot be expected to follow the rules of professional conduct, make all our hearings or follow the orders of the court.” The thing that I found most disturbing about the whole affair is the fact that this senior partner failed and refused to stand up and defend the young lawyers that worked for him and that are now the subject of civil contempt proceedings….with the possibility of indirect criminal contempt left open. I do not believe for one moment that the judge would have sanctioned the young lawyers, severe and very serious proceedings that will forever damage their careers, if that senior partner would have done the honorable thing and said,
“Your honor, it’s my firm and this is my responsibility. Would you please spare these young lawyers who have their whole careers in front of them and direct all the penalties at myself and the senior attorneys?”
I kept expecting to hear something like that out of the lawyer, because that would have been the honorable and correct thing to do, but not one word came out of his mouth. Instead, he let these youngsters hang up there twisting in the wind for ethical violations that his firm created and that they too are victims of. Now the firm is lashing back at the judge and these young lawyers are in the fight of their legal careers….before their careers have even gotten off the ground. This should stand as a word of warning and a lesson to all you young foreclosure mill attorneys out there….especially in light of the Attorney General investigations. Remember, you have all signed the pleadings and submitted the evidence which is now acknowledged as violating the Rules of Professional Responsibility. When this all comes crashing down, are you superiors going to stand up and protect you or will they let you twist in the wind as well?
This is a shameful and dangerous game this firm is playing with a judge who means business in a county that is working to protect taxpayers from the financial abuses of these foreclosure mills and defendants from the particular abuses that they suffer. We can only hope that the judges of this circuit and the appellate judges will have the courage to continue with this fight. And as for the young lawyers that are going back again into the slaughter….you’re just collateral damage….caught in the crossfire.
