IN THE SUPREME COURT OF FLORIDA (Before A Referee)

Transcription

1 THE FLORIDA BAR, Petitioner, IN THE SUPREME COURT OF FLORIDA (Before A Referee) Supreme Court Case No. SC v. The Florida Bar File No (11B) ALICIA GIL, and GOLDEN SERVICES CORPORATION, INC. Respondents. REPORT OF REFEREE I. SUMMARY OF PROCEEDINGS: / Pursuant to the undersigned being appointed as referee to conduct proceedings in this case according to Rule (c), Rules Regulating The Florida Bar, the following occurred: The Florida Bar filed a Petition Against The Unlicensed Practice Of Law on February 15, The Supreme Court of Florida entered an Order to Show Cause on March 6, On or about April 20, 2006, Respondent submitted her Answer. On June 14, 2006, the undersigned was appointed as referee in this cause. On July 28, 2006, the undersigned conducted a status conference attended by counsel for The Florida Bar and the Respondent. The Florida Bar submitted discovery. On December 28, 2006, the undersigned referee conducted a trial, with counsel for The Florida Bar and the Respondent participating. The following persons testified on behalf of The Florida Bar: Lorena Junciel, Andres Rivas and Barbara Warren- 1

2 Loli, Esq. Respondent testified on her own behalf. On January 11, 2007, The Florida Bar submitted its Affidavit of Costs. All of these pleadings and attachments constitute the record in this case and are being forwarded to the Supreme Court of Florida. II. FINDINGS OF FACT AND CONCLUSIONS OF LAW: FINDINGS OF FACT 1. Respondent Gil, at all times material herein, was not and is not a member of The Florida Bar, and was not therefore licensed to engage in the practice of law in the State of Florida or in any other state or territory of the United States. 2. Respondent Golden Services Corporation, Inc. is not a law firm and is not authorized to practice law in the State of Florida or in any other state or territory of the United States. 3. Respondent Gil operates a business known as Golden Services Corporation, Inc., located at 7136 Abbott Avenue, Suite 101, Miami Beach, Florida Respondent Gil held herself out to the public as being able to render legal advice and legal services regarding immigration and other matters. 5. Respondents have advertised that they provide all immigration services. 2

3 6. Respondents are not authorized to render legal services or to represent individuals in immigration matters. 7. In or about August 2003, Lorena Junciel met with Respondent Gil at the office of Golden Services Corporation in Miami Beach, Florida. 8. At this meeting, Ms. Junciel explained to Respondent Gil that her student visa application was about to expire on August 27, 2003, and that she wished to remain in the United States. 9. Respondent Gil informed Ms. Junciel that she would prepare the paperwork and Ms. Junciel would receive a new visa before the expiration date. Respondent Gil decided which type of visa to process on Ms. Junciel s behalf. 10. Ms. Junciel paid Respondent Gil $2,600 for immigration legal services and Ms. Gil later gave two receipts to Ms. Junciel, one for $2,000 and one for $600, both dated August 25, Respondent Gil s actions and representations caused Ms. Junciel to believe that Respondent was an attorney and/or a paralegal capable of handling legal matters. 12. Ms. Junciel hired Respondent Gil to handle her immigration matter as an individual, not as part of a group application. Instead, Respondent Gil included Ms. Junciel in a group application for a temporary visa. Ms. Junciel was not a member of the group. The application was submitted after Ms. Junciel s visa 3

4 expired, and this was detrimental to Ms. Junciel s immigration status. 13. Respondent Gil s actions caused Ms. Junciel to lose her immigration status to remain in the United States. 14. Ms. Junciel believed she was hiring Respondents to prepare a visa application for her. Ms. Junciel later learned that Respondent Gil hired Andres Rivas, an attorney licensed in the Commonwealth of Puerto Rico, to prepare the application for a group (which included her without her authorization and consent). 15. Respondent Gil incorrectly advised Ms. Junciel that her papers had been approved, and that everything was fine concerning her visa. Ms. Gil further told Ms. Junciel that she should travel to Argentina to have her visa stamped at the U. S. embassy there. Mr. Rivas (and other immigration lawyers) later told Ms. Junciel that if she followed Ms. Gil s advice and left the United States, she might not be able to re-enter. 16. Respondent Gil held herself out to Ms. Junciel as able to render legal advice and legal services. 17. Respondents provided legal advice and services to Ms. Junciel. 18. Respondent failed to return the $2, that Ms. Junciel paid to the Respondents for immigration legal services for legal services Respondents were not authorized to provide. 4

5 19. Even if Respondents took Ms. Junciel s money merely to refer her to an attorney, this would also constitute the unlicensed practice of law. Conclusions Of Law: Based upon the forgoing findings of fact, the undersigned Referee concluded that the Respondents, Alicia Gil and Golden Services Corporation, Inc., engaged in the unlicensed practice of law in Miami- Dade, County, Florida, by rendering legal advice and legal services, charging a fee for legal matters, holding Respondents out as qualified to handle legal matters and handling legal matters. Respondents actions put Ms. Junciel s immigration status greatly at risk. Immigration law is a highly specialized area of law and is not an area for a non-lawyer to assist other persons as to which manner to proceed. These actions of the Respondents violate the Supreme Court s decisions in: The Florida Bar v. Abreu, 833 So. 2d 752 (2002), The Florida Bar v. Catarcio, 709 So. 2d 96 (Fla. 1998); The Florida Bar v. Matus, 528 So. 2d 895 (Fla. 1988); The Florida Bar v. Snapp, 472 So.2d 459 (Fla. 1985), The Florida Bar v. Sperry, 140 S0. 2d 587 (Fla. 1962), vacated on other grounds, 373 U.S. 379 (1963), The Florida Bar v. Brumbaugh, 355 So. 2d 1186 (1978), The Florida Bar v. Rodriguez, 509 So. 2d 1111 (Fla. 1987), The Florida Bar v. Becerra, 661 So. 2d 299 (Fla. 1995), The Florida Bar v. Eubanks, 752 So. 2d 540 (Fla. 1999), The Florida Bar v. Moreno- Santana, 322 So. 2d 13 (Fla. 1975), The Florida Bar v. Beach, 675 So. 2d 106 (Fla. 1996), and Rule (a)(2) of the Rules Regulating The Florida Bar. 5

6 III. RECOMMENDATIONS: Based on the undersigned referee recommends as follows: 1. That the Respondents be permanently enjoined from engaging in the unlicensed practice of law and from: (A) Holding out to the public or anyone else that Respondent Gil is an attorney. (B) Holding out to the public or anyone else that Respondent Gil can render legal services. (C) Advising persons and entities of their rights, duties, and responsibilities under Florida law, or Federal law, as those laws relate to any legal and/or immigration and naturalization matters, including advising persons and entities as to various immigration benefits or statuses. (D) Advising persons and entities as to any legal remedy which might be available to them. (E) Advising persons or making a decision on behalf of another person that requires legal skill and knowledge of the law greater than that possessed by the average person. (F) Obtaining information verbally from another person to complete immigration forms or documents. 6

7 (G) Representing to the public, either personally or by the use of advertisement, that Respondents or any persons they employ, or who act in concert with them, are capable of advising and handling matters requiring legal skills. (H) Using a business card or placing advertisements offering legal services and legal consultations, (I) Holding Respondent Gil or Golden Services Corporation, Inc. out to be able to resolve other persons immigration or other legal matters. (J) Using symbols on an advertisement, business card, letterhead, or otherwise that give the impression that they provide legal services. (K) Allowing members of the public to rely on Respondents to properly draft legal forms or legal documents affecting the legal rights of persons and entities. (L) Drafting legal forms or legal documents affecting the legal rights of persons and entities. (M) Advertising in any fashion which may lead a reasonable lay person to believe that Respondents offer to the public legal service, legal advice or personal legal assistance regarding immigration and naturalization matters and any other legal matters including, but not limited to, advertising that Respondents can provide the services of an attorney, advertising in Spanish to be a Notary Public, 7

8 advertising to be a Paralegal, and using the term Paralegal or Legal Assistant in a business name. (N) Advertising legal form preparation services beyond those services which non-lawyers are allowed to perform. (O) Taking inquiries or answering questions from persons and entities as to which particular immigration form or application is suited to the needs of the persons and entities, how to fill out the form or application, or what supporting documentation should accompany the form or application. (P) Calling Respondent Gil a paralegal or legal assistant unless she works under the supervision of a member of The Florida Bar and she performs specifically delegated work for which a member of The Florida Bar is responsible. (Q) Taking money for legal services. (R) Directly or indirectly stating or inferring that Respondent Gil or Golden Services Corporation, Inc. have attorneys working for them. (S) Hiring an attorney for services to be performed for another person or acting as a conduit for an attorney for the performance of legal services for another person. (T) Otherwise engaging in the unlicensed practice of law in any manner. 8

9 2. That this Court require Respondents, Alicia Gil and Golden Services Corporation, Inc., to make restitution to Lorena Junciel, pursuant to Rule of The Rules Regulating The Florida Bar, by Respondents forwarding a money order payable to Lorena Junciel, in the amount of $2,600.00, to the Unlicensed Practice of Law Division of The Florida Bar, 444 Brickell Avenue, Suite M-100, Miami, Florida 33131, within thirty (30) days of the Supreme Court of Florida s Order in this cause. 3. That this Court order Respondents to provide a monthly written report to the Unlicensed Practice of Law Department of The Florida Bar detailing to whom restitution has been paid and the amount paid until such time as the restitution is paid in full. 4. That this Court asses a monetary penalty of $1, against Respondent, which is equal to $1, per incident of the unlicensed practice of law. IV. STATEMENT OF COSTS AND MANNER IN WHICH COSTS SHOULD BE TAXED: I find the following costs were reasonably incurred by The Florida Bar: COURT REPORTER: Fernandez & Associates, Inc. (proceedings held on June 28, 2005, testimony of Alicia Gil, attendance and transcripts) $

10 Fernandez & Associates, Inc. (proceedings held on July 26, 2005, testimony of Andres Rivas and Lorena Junciel, attendance and transcripts) $ Joan L. Bailey & Associates, Inc. (status conference held on July 28, 2006, attendance) $75.00 Joan L. Bailey & Associates, Inc. (trial held on December 28, 2006, attendance) $ TRANSLATOR: Precision Translating Services, Inc. (proceedings held on June 28, 2005, Spanish translator for Alicia Gil) $ Precision Translating Services, Inc. (proceedings held on July 26, 2005, Spanish translator for Lorena Junciel) $ Precision Translating Services, Inc. (proceedings held on July 28, 2006, Spanish translator for Alicia Gil) $ Precision Translating Services, Inc. (Spanish to English translation of contract dated November 7, 2003,) $ Precision Translating Services, Inc. (proceedings held on December 28, 2006, Spanish translator for Alicia Gil) $ INVESTIGATOR COSTS: Arthur Gill $ TOTAL COSTS DUE THE FLORIDA BAR $3,

11 That the costs of these proceedings in the amount of $3,894.36, be taxed against Respondent Alicia Gil. Dated this 12th day of January, Copies furnished to: JUDITH L. KREEGER Circuit Court Judge and Referee Lawson E. Thomas Courthouse Center 175 N.W. 1 st Avenue Suite 2114 Miami, Fl (305) Alicia Gil and Golden Services Corporation, Respondents 7136 Abbott Avenue Suite 101 Miami Beach, Fl Jacquelyn P. Needelman, Bar Counsel Unlicensed Practice of Law Department The Florida Bar 444 Brickell Avenue, Suite M-100 Miami, Fl Lori S. Holcomb, Unlicensed Practice of Law Counsel The Florida Bar Unlicensed Practice of Law Department 651 East Jefferson Street Tallahassee, Fl

12 CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original of the foregoing Report of Referee has been mailed to the Honorable Thomas D. Hall, Clerk, Supreme Court of Florida, 500 South Duval Street, Tallahassee, Fl , and true and correct copies were mailed to Jacquelyn Plasner Needelman, Bar Counsel, The Florida Bar, UPL Dept., 444 Brickell Avenue, Suite M-100, Miami, Fl 33131, Alicia Gil and Golden Services Corporation, Inc., 7136 Abbott Avenue, Suite 101, Miami Beach, Fl 33141, and to Lori S. Holcomb, UPL Counsel, UPL Department, The Florida Bar, 651 East Jefferson Street, Tallahassee, Fl , on this day of, JUDITH L. KREEGER, Referee (Circuit Court Judge) 12