Complaint Review: LAW OFFICE OF ANDREU & PALMA (JORGE PALMA) - Miami Florida

COMPLAINT OF GROSS MISCONDUCT

RE: JORGE L. PALMA, ESQ. FLA BAR NO. 0597708

To: The Florida

This letter serves as a formal Complaint by ROBERT BROWN (hereinafter referred to as Mr. Brown), against JORGE LUIS PALMA, Bar No. 0597708 (hereinafter referred to as Mr. Palma), an associate to the Law Office of ANDREU & PALMA, LLP. This complaint is based on the CONDUCT, ETHICS, DISCIPLINE AND PROFESSIONALISM of Mr. Palma, in regards to the collection of a debt owed to an allege creditor (AUTOVEST, LLC).

Mr. Palma was admitted to the Florida Bar (Young Lawyers Division) since October 01, 2002 and currently practices as a debt collections attorney at the following address: 701 SW 27th Ave Ste 900, Miami, Florida 33135-3000. A notice of collection was sent by Mr. Palma to an incorrect address (3921 S.W. McCrory St. Port St. Lucie Fl, 34953) directing to Mr. Brown, during the first half of 2008. Mr Brown was informed of the notice by relatives that currently resides at the above mentioned address, and subsequently disputed the debt and as such requested a validation of the allege debt.

The debt was disputed on the premise belonging to Mr. Brown's ex-wife Ifalee Brown (now Garrett) whom had made several attempts to resolve through payments arrangement with the allege creditor AUTOVEST, LLC, and advise as such that the debt was her responsibility to take care of prior to their divorce. The creditor and attorney were informed of Ms. Garrett intentions to resolve the debt out of court by Mr. Brown, in response to Mr. Brown's communication to the creditor and their attorney Mr. Palma, the attorney replied stating the following: you can't tell me who to sue, and you are the one that we are coming after because you seem to be the one who have the money.

Subsequently Mr. Palma filed suite through the Saint Lucie County Courts, and allegedly process served Mr. Brown, through a minor 15 years old child at an incorrect address, Mr. Brown subsequently communicated with Mr. Palma with information on his correct address (5700 Lake Worth Rd, Greenacres Florida 33463), Mr. Palma stated I don't care you better appear in court, phone hung up. Mr Brown then motioned The Saint Lucie County Court to dismiss such cause based on the inadequacy of filing such claim by Mr. Palma (See Exhibit ). Mr Palma subsequently filed his motion to transfer the case to Palm Beach County.

On Monday June 2nd 2008, Mr. Brown contacted Mr. Palma and informed him that his ex-wife Ms. Garrett would like to set payments arrangement to resolve this debt, and he is currently not in the position to satisfy such demands because he is a student currently in law school, Mr. Palma's gave legal advise to Mr. Brown to contact ex-wife Ms. Brown, and have her contact them to repay the debt, if not he will make it personal ensuring that Mr. Brown receive a judgment as such would prevent him (Mr. Brown) from acceptance to the Florida Bar after graduation as a law student. It was further emphasized by Mr. Brown to Mr. Palma to join his ex-wife Ms. Garrett to the law suite, again Mr. Palma stated that you can't tell me who to sue you're the one that our client told us to come after.

Conclusion

It is to my dismay of Mr. Palma's poor level of discipline and poor professional behavior, as an ATTORNEY, he fails to clarify and resolve the issue at hand; I am some what confused as to what role Mr. Palma plays where this suit is concern in representing his allege client (AUTOVEST, LLC), the attorney's actions appears to be of malice with unprofessional traits opposing the Florida Bar's guideline on attorney's professional conduct. According to The Florida Bar RULE 4-4.3 DEALING WITH UNREPRESENTED PERSONS SECTION (A) STATES:

In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel.

The use of treat by Mr. Palma as a means of resolving the issue is very intimidating. According to paragraph (5) of The Florida Bar's PREAMBLE

A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs. A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers, and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process.

Wherefore I am imploring the Florida Bar, the Fair Debt Collections Practices Act (FDCPA) or any other regulating entity to address and investigate the following concerns:

(1) The use of Treat and intimidation by the above mentioned attorney Jorge Palma.

if not he will make it personal ensuring that Mr. Brown receive a judgment as such would prevent him (Mr. Brown) from acceptance to the Florida Bar after graduation as a law student.

(2) The use of DURESS as to enforce collections on behalf of his client AUTOVEST, LLC.

(3) Failure to join allege Co-defendant Ifalee Garrett, to the law suit case no. 562008sc000204, in Saint Lucie County, State of Florida.

(4) Improper proper process services to a minor (15 yrs old child) at an incorrect venue in Port Saint Lucie, Florida, prior to being informed of the correct address of the complainant.

Robert

GREENACRES, Florida

U.S.A.