On Thursday, July 20, 2023, the Florida Bar filed a complaint against Attorney David Jay Bernstein for five counts of alleged professional misconduct.
The case is titled ‘The Florida Bar v. David Jay Bernstein bearing five misconduct complaints with case numbers 2018-50,226(17G), 2018-50,294(17G), 2018-50,301(17G), 2018-50,531(17G), and 2019-50,679(17G).
In the course of seven years, the respondent had alternately committed professional misconduct effectively defrauding five different clients in violation of rules 3-4.3, 4-1.3, 4-1.4(a), 4-1.4(b), 4-1.16(d), 4-3.2, 4-5.3(a), 4-5.3(b), 4-5.3(c), 4-8.4(a), 4-8.4(c), 4-8.4(d), 4-8.4(g)(1), 4-8.4(g)(2) of the Rules Regulating the Florida Bar.
Rules Regulating the Florida Bar can be found here.
In most of these grievance complaints, Mr. Bernstein has received a retainer’s fee ranging from $2,500 – 5,000 from each of the complainants for various services, although it was not clear if the respondent received any cash from client/complainant, Carlos Delgado.
According to clients’ accounts, after receiving the payments, the respondent failed to deliver the procured services well past the set deadlines, ignoring follow-up queries and other communications by way of letters and/or requests from the clients themselves and orders from The Bar. Mr. Berstein not only defrauded his clients, he also fed them false contentions and promises. In the instances that Bernstein replied to follow-up letters or inquiries, the responses invariably contained lies and false assurances.
On account of these alleged violations, the Florida Bar filed the complaint against Attorney David Jay Bernstein, praying for sanctions appropriate for the misconduct.
The prayer reads:
“WHEREFORE, The Florida Bar prays respondent will be appropriately disciplined in accordance with the provisions of the Rules Regulating The Florida Bar as amended.”
David Jay Bernstein obtained his law degree from Boston University School of Law, graduating in 1984. More info about Mr. Bernstein can be read here.