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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
In re LEE D. SARKIN, ESQ. and DREW
M. LEVITT, ESQ.,
Case No. 6:21-cv-1579-RBD-LHP
Respondents.
____________________________________
ORDER
Before the Court is the Report and Recommendation of the Grievance
Committee. (Doc. 38 (“R&R”).)
In this Americans with Disability Act case, Respondents Lee D. Sarkin, Esq.
and Drew M. Levitt, Esq. were counsel for Plaintiff David Poschmann, now
deceased. (Doc. 38, p. 2.) Respondents signed Plaintiff’s name with a wet-ink
signature on a settlement agreement in this case after he had already passed away;
when this was discovered, the Court set aside the settlement and referred
Respondents to the Florida Bar as well as the Committee. (Id. at 4–6.)
In a thorough and well-reasoned R&R, the Committee concluded that
Respondents failed to act with reasonable diligence, made a false statement to a
court, and failed to sufficiently advise opposing counsel, among other misconduct;
so the Committee recommended suspension of Respondents from the Bar of the
Middle District of Florida. (Id. at 8–21.) Though given the opportunity to respond
to the R&R, Respondents did not do so. (See Doc. 39.) So the Court finds that the
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R&R is due to be adopted in full with the thanks of the Court to the Committee for
its diligent work.
Accordingly, it is ORDERED AND ADJUDGED:
1. The Committee’s R&R (Doc. 38) is ADOPTED AND CONFIRMED
and made a part of this Order in its entirety.
2. Based on the Committee’s R&R, the Court FINDS that the behavior
of Respondents Lee D. Sarkin, Esq. and Drew M. Levitt, Esq. violated
Bar Rules 4-1.3, 4-3.3(a)(1), 4-3.4(a) and 4-8.4(c).
3. Respondents are SUSPENDED from the Bar of the Middle District of
Florida for a period of nine (9) months, effective thirty (30) days from
the date of this Order, which time is intended to permit Respondents
to address any existing caseload and to protect the interest of their
clients during their suspension, and lasting until the reinstatement
conditions set forth below are met.
4. Respondents are PROHIBITED from taking on new cases in the
Middle District of Florida, effective as of the date of this Order and
lasting until they are reinstated in the Bar of the Middle District of
Florida pursuant to the reinstatement conditions set forth below.
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5. The following reinstatement conditions are SET, which must be met
before Respondents are permitted to petition the Bar of the Middle
District of Florida for reinstatement:
a. During the period of suspension, each Respondent must:
i. Attend and complete the Florida Bar’s Professionalism
Workshop;
ii. Attend and complete all aspects of a Law Practice
Management CLE; and
iii. Attend and complete all aspects of the Practicing with
Professionalism CLE;
b. Pay all outstanding monetary sanctions, fees, and costs levied
against them, in any federal, state, or disciplinary action,
including any sanctions that may be ordered by this Court;
c. Complete all remediation ordered by the Florida Bar, if any;
d. Complete all remediation ordered by any court, including
reporting of any sanctions orders levied by any court to the
appropriate parties;
e. Re-read the Florida Rules of Professional Conduct and the
Local Rules of this Court in full and certify in writing to this
Court that they have done so; and
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f. Report to the Court the completion of subparagraphs (a)
through (e) of this paragraph on or before the date marking the
end of the suspension period.
6. It is ORDERED that upon reinstatement to the Bar of the Middle
District of Florida, all future “wet ink” signatures of Respondents’
clients must either be made by the clients’ own hand or with a clear
statement that the signature is made by either Mr. Sarkin or Mr. Levitt
on behalf of the client.
7. The Clerk is DIRECTED to post a copy of this Order on the Middle
District of Florida’s website and to forward a copy to the Florida Bar
as well as to all judges in the Middle District of Florida presiding over
any case in which Respondents are counsel of record.
DONE AND ORDERED in Chambers in Orlando, Florida, on November 1,
2023.
Copies:
Nichole Mooney, Committee Chair
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