Top Florida Insurance Law Firm Attorney Suspended After Misdemeanors, Misdemeanors

A former attorney with one of Florida’s largest insurance companies has been disbarred after the Bar alleged that he engaged in repeated acts of negligence, fraud and deceit.

Erika Lynn Muller, until recently a partner with the Cole, Scott & Kissane firm, based in Fort Lauderdale, can no longer practice in the state, the Florida Supreme Court said last week. The court upheld the Bar’s appeal and the judge’s motion to dismiss, after several months of sentencing. Appeal to the Bar he wrote about several things, including lack of truth, poor performance and lack of communication, and also explained one story that took place in 2020 and 2021. In the case of fraud and collusion against the company Rooms To Go in Miami, Muller offered to solve the problem. Ask them for $325,000, even though they were not allowed to do so, the Bar said.

He then sent the plaintiff’s attorney a photocopy of the check he allegedly made. The defendant’s attorney filed a motion to satisfy the judgment, which resulted in a March 2021 court order of $425,000, the complaint states.

Despite the garnishments against the law firm, the money did not materialize. Muller then agreed to send $550,000 to cancel the garnishment. He allegedly sent a photocopy of a forged check, then said he would hand-deliver the check.

But on the day he was scheduled to be transferred, he pretended to be in a car accident, the bar said.

Meanwhile, Muller told the furniture company and the insurance company’s adjuster that the case was still pending, Bar said.

On April 7, 2021, Muller notified Cole, Scott & Kissane’s attorneys that he was resigning.

In an affidavit, “respondent admitted that he had lied to several parties and submitted amended documents to the opposing counsel,” the Bar complaint reads. “In his affidavit, the respondent also stated that he was mentally ill at the time of his misconduct.”

Muller later failed to answer any of the Bar’s questions on the matter. The Rooms To Go lawsuit, brought by an independent contractor who was injured in an RTG parking lot, was dismissed in June 2021.

The trial judge who reviewed the case against Muller agreed with that decision.

“It is important that a clear and unmistakable message be sent that neglecting clients, the Florida Bar, and the attorney discipline are serious crimes that cannot go unpunished,” Judge James Martz II wrote in April of this year.

The Supreme Court of the state, which in recent years often disagrees with the opinions of the judges, agreed on this matter and said that the dismissal will be effective on September 25. Muller must also pay $ 1,315 to obtain the Bar’s expenses for the investigation of the case.

The case they made heads in Florida in 2021 and raised eyebrows around the legal community. Court records show that Muller was listed as an attorney in four cases before the Florida 3rd The Supreme Court of Appeal, including an appeal of a pending insurance decision.

Muller is a graduate of the University of Miami School of Law and has been a member of the Florida bar since 2008. Cole, Scott & Kissane’s website says he has focused on cases involving bad faith, personal injury, property liability and insurance litigation. . . He and the law firm’s management could not be reached for comment Wednesday evening and Thursday morning.

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