Showing posts with label Brett Rivkind. Show all posts

Herman Russomanno Is Delighted.


How many times can one guy be delighted in a single soundbite:
Rivkind, Sotolongo and Wingate drew up the fee-splitting arrangement in February 2008, about a month after Wingate dropped his case portfolio, according to Stettin’s order.

“I conclude that it is a secret, self-serving and illegal arrangement intended as a means of evading this court’s order concerning Wingate’s claim to fees and costs from files which he abandoned,” Stettin wrote in an order issued late Monday.

The judge said there was no evidence to suggest that Rivkind had defied the court by entering into a fee arrangement that Stettin had barred.

“We’re delighted that Judge Stettin made the express finding that the Rivkind law firm did not engage in any conduct in violation of a court order, and we’re delighted that the judge did not find Mr. Rivkind in contempt,” said Rivkind’s attorney, Herman Russomanno of Russomanno & Borello in Miami.
Peter Sotolongo, not so much:
But the judge slammed Sotolongo. Stettin wrote that the lawyer’s “misconduct was compounded by his false, misleading testimony” during a Jan. 15 deposition.

During the deposition, Sotolongo estimated he received about $20,000 under the fee-splitting arrangement. But Stettin concluded the actual amount was about $114,000 after he examined fee agreement contracts in 27 cases. The judge on Tuesday ordered the attorneys to send their fees to the court clerk’s office.

“The disparity is too large to suggest it was simply a memory lapse,” the judge wrote. “Sotolongo’s lack of candor is not attributable to simple negligence or a bad memory.”

The judge held Sotolongo, who was Wingate’s associate, and Wingate in contempt. Stettin noted he was referring the matter to The Florida Bar for investigation.
Oy.

Judge Stettin should be enjoying his retirement, instead he's got a crazy case like this to preside over? And I have a sneaking suspicion this whole mess is not quite over.

Admiralty Lawyers Politely Discuss Professionalism Before Judge Stettin.


DBR reporter Billy Shields does a nice job capturing the feel of this fun hearing before Judge Stettin yesterday:
“I’m not going to give this man a nickel,” the judge said. Wingate “went behind my back.”

An angry Stettin repeatedly told Rivkind at the hearing. “I see Mr. Wingate peddling these cases in return for your firm signing up to pay him some money, that’s what I see.”

Attorney Peter Sotolongo filed court papers Friday saying the three-way fee agreement “had been vetted, sanctioned and explicitly approved by Mr. McGrane and The Florida Bar” after Wingate’s departure.

McGrane of McGrane Nosich & Ganz in Coral Gables said at the hearing that the first time he ever saw the agreement was when Stettin attached it to his order calling the hearing.

After the hearing, McGrane said, “There is no provision in The Florida Bar to send up a fee agreement in advance and get approval for it. The Bar doesn’t do that, and that proves his statement is false.”
But then there's this:
Admiralty lawyer Ross Toyne of Toyne & Mayo in Miami offered Stettin a letter dated last March 24 from Rivkind to Wingate and McGrane. In the letter, Rivkind refers to a fee agreement signed by Wingate, Sotolongo and Rivkind, noting Royal Caribbean is entitled to know about the agreement but not its details. The attorneys who signed the agreement were named in the show-cause order.

Toyne appeared on behalf of two of the 77 injured crew members whose claims have settled.

Rivkind made no reference to Stettin’s order in the letter but said Wingate should file a charging lien with the court.

McGrane repeated after Wednesday’s hearing that he saw the fee agreement for the first time when it was attached to Stettin’s order.
. . . .
After Toyne handed out the letter, Royal Caribbean attorney Curtis Mase of Mase Lara & Eversole in Miami noted the letter was addressed to McGrane. That would appear to contradict his continued assertions that he had not seen the fee agreement until Stettin attached it to his Jan. 15 order. It remains unclear how Stettin became aware of the agreement.
Oy. Anyone have any idea what's going on here?

I have another court hearing this morning (no, not in front of Judge Stettin) but I'll be back in a little bit.

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