Miami Herald: 4 Rothstein-firm lawyers probed by Florida Bar

Nov 25, 2009

 

BY AMY SHERMAN
Miami Herald–November 25, 2009

The Florida Bar has opened investigations into four attorneys at Scott Rothstein’s now defunct law firm.

The attorneys are Stuart Rosenfeldt, cofounder and co-owner of the Rothstein Rosenfeldt Adler law firm in Fort Lauderdale, Russell Adler, David Boden and Grant Smith, said bar spokesman Francine Walker.

The bar opened files on the attorneys around the same time that it announced earlier this month that Rothstein had voluntarily surrendered his law license.

The investigation into Boden — who is not licensed as an attorney in Florida — is focused on whether he practiced law at the firm or worked as an administrator. He is licensed in New York.

Boden’s New York bar renewal was due by Nov. 2, but he has not done so as of Nov. 24, according to the New York State Office of Court Administration. The Florida Bar does not confirm the nature of the investigations which could take several months. Lawyers are eligible to practice law while the investigations are underway.

The four attorneys could not be reached or declined to comment.

“An investigation is exactly that,” said Bruce Lehr, attorney for Rosenfeldt. “If there are findings we will have something to talk about then.”

Smith has fully cooperated with the bar including participating in a 90-minute interview Monday, said his attorney Neal Sonnett.

“The bar has an obligation to look into any allegations of trust account errors or misuse,” said Sonnett, who said he told the U.S Attorney’s Office that Grant is willing to meet with them. “Grant has done absolutely nothing wrong.”

Smith, was promoted in October to assistant managing shareholder, had signatory authority on some law firm accounts. He is the only remaining lawyer at the firm and is assisting the trustee, Herbert Stettin, who is untangling the finances and winding down affairs at the law firm.

Rothstein is under a federal investigation related to a $1 billion investment scheme which imploded his politically-connected Fort Lauderdale law firm about a month ago.

The law firm is now in bankruptcy court and lawyers have fled for other jobs.

On Tuesday, Gov. Charlie Crist suspended Rothstein from the Fourth District Court of Appeal Judicial Nominating Commission. Crist appointed Rothstein on Aug. 25, 2008 and four days later the lawyer gave $140,000 to the Republican Party of Florida.

Miami Herald staff writer Marc Caputo contributed to this report.