On Thursday, May 11, 2023, the Supreme Court of Florida ordered the disbarment of Miami attorney Stephen Matthew Bander for professional misconduct.

The case is titled “The Florida Bar vs. Stephen Matthew Bander,” case no. SC2021-0011.

The charges cited Rules Regulating The Florida Bar: 4-1.4 (Communication), 4-1.7 (Conflict of Interest; Current Clients), 4-1.8 (Conflict of Interest; Prohibited and Other Transactions), 4-8.4(c) (A lawyer shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation), and 5-1.1 (A “lawyer must hold in trust, separate from the lawyer’s own property, funds and property of clients or third persons that are in the lawyer’s possession in connection with a representation.)

In a Report filed by the Referee, Dade County Circuit Court Judge Carlos Lopez, Bander’s disbarment was recommended for the respondent’s failure to place client funds in his trust account, failure to timely provide refunds to his clients for double payment of attorneys fees, and using the fees to pay firm operating expenses.

The Report of Referee states:

“. . . the funds paid by the MMRC to Respondent were the property of his client and, as such, were in fact trust funds, irrespective of where those funds were deposited.

Respondent did not hold the funds in a separate account, separate and apart from his own funds, as required by the Bar rules. Rather he commingled the client’s funds with his own when he deposited same into
his operating account.”

The Report of Referee continues:

“Further, Respondent neither notified his clients of the expectation they would receive a refund, nor did he notify them at the time he received funds on their behalf from the MMRC.”

The Report of Referee additionally notes:

“Rather, without his client’s knowledge or consent, converted those funds received for his clients from the MMRC to his own use and benefit. (TFB Ex 3 at p. 95 and 154, wherein Respondent admitted under oath that he did not hold and maintain the funds but used it to pay operating expenses.”

Bander sought a review from the Supreme Court of Florida, challenging the referee’s findings of fact and recommendation as to guilt. Bander argued that his conduct did not violate any of the aforementioned Bar Rules, and asserted that if he violated these rules, disbarment is a disproportionate sanction.

However, the Court, upon its review of the matter, ruled to approve the referee’s report in its entirety, thereby disbarring Bander from the practice of law.

Mr. Stephen Matthew Bander attended the New York University School of Law. He maintained his law practice in Miami, and he has been licensed in Florida. Bander’s info can be found on SuperLawyers.

A copy of the original filing can be found here.