(FLORIDA, USA) – Smith, Tozian, Daniel & Davis, P.A. bills itself as Florida’s premier legal ethics defense firm – but critics say it has become a refuge for the state’s worst-behaved lawyers. The Tampa-based firm has made a niche out of defending attorneys accused of egregious misconduct, effectively acting as protectors of “lawyer-predators.”
FloridaBarDefense.com – Legal Ethics: The Roots of a Strong Practice.
FloridaBarDefense.com – Legal Ethics: The Roots of a Strong Practice.
Meanwhile, email evidence suggests Smith Tozian engaged in ex parte back-channel communications with Florida Bar officials to tip the disciplinary scales in Chiappetta’s favor, all while stonewalling demands for transparency.
Scumbag Lawyer Defender Scott K. Tozian
An October 9, 2025, email exhibit appears to show the firm quietly corresponding with Bar counsel without copying the complainant. By October 27, Smith Tozian had still not produced the full string of secret communications.
Noshirvan is linked to serious violations of federal law designed to stop child trafficking. Chiappetta’s representation appears to be a device to aid and abet Noshirvan’s questionable, if not criminal, content creation, doxxing, and AI-driven harassment activities.
“Under these circumstances,” journalist-complainant Richard Luthmann warned in a court filing, “the Court is justified in ordering [Chiappetta’s removal] – the fair administration of justice… cannot be achieved while Mr. Chiappetta’s conflict-fueled obstruction persists.”
In other words, the firm’s priority seems to be protecting its embattled lawyer-client at all costs – even if it means leaving the public, the courts, and Chiappetta’s clients as collateral damage.
The Smith Tozian firm’s aggressive tactics in the Chiappetta case fit a troubling pattern. Observers say the firm exploits the Florida Bar’s disciplinary system as a shield for misbehaving attorneys rather than a safeguard for the public. In Chiappetta’s case, Smith Tozian attorneys reportedly coordinated with Bar staff off the record, attempting to use the Bar grievance process as a bargaining chip in litigation, rather than a forum for accountability and consumer protection.
Courtroom sketch of U.S. District Judge John E. Steele
Chiappetta argued that Noshirvan, the client, had “voiced no concern” and wished to keep Chiappetta as counsel, even as Chiappetta’s personal ethical woes “materially limit[ed]” his representation. Noshirvan was his with a $62,320 sanction for bad faith by U.S. Judge John E. Steele in the Fort Myers federal court.
This strategy – deny any conflict, attack the accuser, and quietly pull strings with regulators – has become the Smith Tozian firm’s signature. As one veteran attorney quipped after seeing Smith Tozian in action, “They’re not just defending lawyers – they’re defending the indefensible.”
Fake Emails & Courtroom Outbursts
Nick Chiappetta’s unraveling reads like a Florida Man law edition – and Smith Tozian is dutifully sweeping up the mess. Consider Chiappetta’s stunts: He created a fake Yahoo email account to impersonate his opposing counsel, a brazen ploy caught only because of his own sloppiness.
Yet even after this stunning admission, Smith Tozian continued to represent Chiappetta, fighting tooth and nail to keep him on the case and his bar card intact, despite the ethical mushroom cloud it created.
Fake emails are only one chapter in Chiappetta’s saga of misconduct. In court, he’s distinguished himself with open defiance and incendiary antics – conduct that prompted a federal judge to sanction him formally. During a court-ordered settlement process this fall, Chiappetta went off the rails, branding the mediation “extortionate” and “terroristic.”
As to Chiappetta’s bad faith conduct, Judge John E. Steele previously noted it was hard to imagine “a more direct assault on the integrity of the judiciary short of outright profanity in open court.” The context makes it worse: Chiappetta’s outburst came in an October 3, 2025, email response to opposing counsel’s settlement offer, where he spat, “Neither I, nor my client, will negotiate with a terrorist attempting extortion. You have a better chance of winning the lottery than… receiving $10,000 from my client.”
This rant was no private temper tantrum – it became part of the court-guided mediation dialogue shared with the mediator and even the judge’s chambers. By effectively calling a court-sponsored settlement effort a criminal shakedown, Chiappetta not only insulted the plaintiff but “maligned the federal mediation process itself,” as Luthmann later told the court.
Even as the court admonished attorneys to work in good faith, Chiappetta proudly refused, declaring he “[would] not negotiate with anyone acting in bad faith” – i.e., anyone who dared hold him accountable for his ethics troubles. Such truculence forced the lawsuit (Luthmann v. Noshirvan) into chaos, defeating any chance of a “just, speedy, and inexpensive” resolution while Chiappetta remained counsel of record.
Danesh Noshirvan
The fallout from Chiappetta’s brinkmanship has been severe. In a separate but closely related case (Noshirvan v. Couture), Chiappetta earned a scathing rebuke from U.S. District Judge Steele for enabling his client Noshirvan’s outrageous behavior. During a deposition in that defamation suit, Noshirvan launched into a profanity-laced tirade against opposing counsel – and Chiappetta did nothing to stop it.
In fact, after the deposition, Chiappetta gave his client a “green light” to repost vile, harassing attacks about the opposing lawyer online, effectively escalating the abuse. Judge Steele found that Chiappetta “acted in bad faith” and “failed to meet the professional standards expected from officers of the court in connection with the deposition and its aftermath.”
Black Miami Civil Rights Attorney Julian Jackson Fannin
Danesh’s Libelous Social Media Post
Black Miami Civil Rights Attorney Julian Jackson Fannin
The judge underscored that lawyers are duty-bound to keep depositions “efficiently, orderly, and courteously” – a duty Chiappetta shamelessly abdicated. For this dereliction, Steele hit Noshirvan and Chiappetta with sanctions: a formal public reprimand for Chiappetta and a fee-shifting penalty requiring Noshirvan to pay the defendants’ legal bills.
In court filings, Luthmann pointed out the obvious: Chiappetta’s personal conflicts – including an ongoing Florida Bar grievance – have “compromised” his ability to represent Noshirvan and led him to “sabotage the potential resolution of this case.”
Courtroom sketch of U.S. Magistrate Judge Nicholas Mizell
Even Noshirvan’s supporters are starting to balk. Cortney Kotzian, a journalist and content creator who initially sympathized with Noshirvan until a very public feud erupted several years ago, attended a recent hearing before U.S. Magistrate Judge Nicholas Mizell. She was “stunned” by Noshirvan’s performance on the stand, describing it as a disturbing spectacle.
The implication was clear: with Chiappetta as his counsel and Smith Tozian running interference, Noshirvan is barreling forward blindly, digging himself into a deeper hole.
The Florida Bar and Smith Tozian Silent
Investigative reporter Richard Luthmann gave the Smith Tozian law firm and the Florida Bar notice of Chiappetta’s “dastardly deeds done.” He sent an email on October 27, 2025, copying Florida Bar counsel and the attorneys at Smith Tozian. Here is what he said:
From: Richard Luthmann <richard.luthmann@protonmail.com> Date: On Monday, October 27th, 2025 at 2:59 PM Subject: Why Is Smith Tozian Protecting Florida Lawyer-Predators and Subverting Discipline? – Chiappetta 2026-50-256(1SC) To: Michelle Renke <mrenke@smithtozian.com>, ptesq1@yahoo.com <ptesq1@yahoo.com> CC: ACAPIntake <acapintake@floridabar.org>, Scott Tozian <stozian@smithtozian.com>, Gwendolyn Daniel <gdaniel@smithtozian.com>, John O’Connor <joconnor@smithtozian.com>, kjoseph@floridabar.org <kjoseph@floridabar.org>, lwilliams@floridabar.org <lwilliams@floridabar.org>, rberman@floridabar.org <rberman@floridabar.org>, gonzalez@gonzalezcartwright.com <agonzalez@gonzalezcartwright.com>, kdillard1@pbc.gov <kdillard1@pbc.gov>, grasford.smith@akerman.com <grasford.smith@akerman.com>, daniel@ftlinjurylaw.com <daniel@ftlinjurylaw.com>, mgore@jonesfoster.com <mgore@jonesfoster.com>, marcsinensky@gmail.com <marcsinensky@gmail.com>, kemar@goldbergandrosen.com <kemar@goldbergandrosen.com>, heather@greenhillstohlman.com <heather@greenhillstohlman.com>, eroy@sasserlaw.com <eroy@sasserlaw.com>, destiny@kellerswan.com <destiny@kellerswan.com>, nate@sodhispoont.com <nate@sodhispoont.com>, jph@searcylaw.com <jph@searcylaw.com>, ejames@elainejohnsonjames.com <ejames@elainejohnsonjames.com>, zmohammed@attorneygl.com <zmohammed@attorneygl.com>, richard.valuntas@myfloridalegal.com <richard.valuntas@myfloridalegal.com>, cmontgomery@hamiltonmillerlaw.com <cmontgomery@hamiltonmillerlaw.com>, kburke@pioffl.com <kburke@pioffl.com>, mjgelfand@gelfandarpe.com <mjgelfand@gelfandarpe.com>, lindsayadlerlaw@gmail.com <lindsayadlerlaw@gmail.com>, ngordon@gunster.com <ngordon@gunster.com>, vhazzard@conradscherer.com <vhazzard@conradscherer.com>, kristen.mcmullen@akerman.com <kristen.mcmullen@akerman.com>, Michael Volpe <mvolpe998@gmail.com>, Dick LaFontaine <RALafontaine@protonmail.com>, Rick LaRivière <RickLaRiviere@proton.me>, Modern Thomas Nast <mthomasnast@protonmail.com>, Frankie Pressman <frankiepressman@protonmail.com>, Frank Parlato <frankparlato@gmail.com>, juliea005 <juliea005@proton.me>, Michael Phillips <mikethunderphillips@gmail.com>, attorney.general@myfloridalegal.com <attorney.general@myfloridalegal.com>, cate.mcneill@myfloridalegal.com <cate.mcneill@myfloridalegal.com>, gov.rondesantis@eog.myflorida.com <gov.rondesantis@eog.myflorida.com>, governorron.desantis@eog.myflorida.com <governorron.desantis@eog.myflorida.com>, james.uthmeier@eog.myflorida.com <james.uthmeier@eog.myflorida.com>, theomahaoracle@gmail.com <theomahaoracle@gmail.com>, Joey@YourDaddyJoey.news <joey@yourdaddyjoey.news>, Joseph A. Camp <joey@joeycamp2020.com>
Dear Sirs and Madams,
What is the Smith Tozian Law Firm’s role in defending disciplined attorney-predators, including Nicholas Chiappetta of Lake Worth, Florida?
I reject the stated extension and the EX PARTE communications between the Smith Tozian Law Firm and the Florida Bar Counsel/Grievance Committee.
I deem respondent – Lake Worth, Florida Attorney Nicholas Chiappetta (copied hereto on his alias/criminal impersonation account) – in DEFAULT. The grievance should proceed directly to the punishment phase.
Chiappetta made the PTESQ1@YAHOO.COM email.
Chiappetta admits to making the fraudulent email impersonating another lawyer.
Why bother having rules if lawyers – particularly current and former Florida Bar Counsel – are not going to follow them?
Also, will the Florida Bar Counsel please fix the CAPTION? How are we in 2026—or is the fix already in on this case?
I have demanded copies of all ex parte communications for weeks. I have received nothing. Your process is clearly broken. We will try ours.
I hold the SMITH TOZIAN law firm in violation of sharp practice and disrespect for the rights of others in violation of the Florida Rules of Professional Conduct.
Unless the grievance committee makes an immediate ruling on this point or shows some modicum of DUE PROCESS, I choose THE MEDIA as the forum for the redress of grievances against the “Florida Bar Defense” firm (
https://www.floridabardefense.com/
), enablers of Florida’s attorney-predators who do their work in the SHADOWS.
Here is my journalistic inquiry, which will be published. Please respond with your comments. If we do not receive your comments by press time, we will incorporate any responses received in a follow-up:
Predator Lawyers Shielded? An Email to Smith Tozian and Florida Bar Grievance Officials Seeking Answers
Nicholas Chiappetta: Missed Deadlines & Secret Dealings?
Florida attorney Nicholas Chiappetta is under Florida Bar scrutiny – but where is his response? Chiappetta blew past the October 24, 2025, deadline to answer a Florida Bar grievance. The date came and went with no defense filed, an alarming silence in a high-stakes disciplinary matter.
Is Smith Tozian – the law firm now defending Chiappetta – behind this stonewalling strategy?
Why would a lawyer facing possible suspension or disbarment risk defaulting on a Bar complaint? Observers suspect a tactic to delay and derail justice, banking on insider favors or procedural loopholes.
We demand to know: Did Smith Tozian engage in any ex parte, back-channel communications on Chiappetta’s behalf? What “quiet deals” or off-the-record assurances have been sought, if any, to cover for his non-response?
The Florida Bar’s process is meant to be transparent and fair – not a playground for secret lawyer-to-lawyer whispers.
We call on the Grievance Committee to confirm whether any unsanctioned contact occurred and to hold all parties accountable.
Court Rebukes: Bad Faith, Harassment, and a Judge’s Public Reprimand
Chiappetta’s troubles didn’t emerge from thin air. In August 2025, U.S. District Judge John E. Steele took the extraordinary step of publicly reprimanding Nicholas Chiappetta in open court.
Judge Steele’s findings are a damning litany: Chiappetta acted in bad faith by refusing to control a client’s abusive tirade and even “greenlighted” a false smear post against opposing counsel.
The judge blasted their conduct as “reprehensible” and “prejudicial to the administration of justice,” with no justification for the harassment. Let’s be clear: a federal judge found Chiappetta’s actions met the Eleventh Circuit’s definition of bad faith harassment – behavior intended to intimidate and delay, not to seek truth.
The court’s order even quoted Florida Bar Rule 4-8.4(d), reminding Chiappetta that an attorney must not disparage or humiliate others in practice. This public shaming in a courtroom is virtually unprecedented – a red flag that the Bar should treat this case with utmost seriousness.
Yet what has happened since? Smith Tozian swooped in, branding themselves “FloridaBarDefense.com” ( but a more apropos name might be “FloridaScumbagLawyerDefenders.com,” and now deadlines are being missed with impunity.
Is this how Smith Tozian justifies its hefty fees – by thumbing its nose at discipline and hoping misconduct gets swept under the rug?
Pattern of Misconduct: Impersonation and Intimidation
Chiappetta’s ethical breaches go even deeper. Evidence has surfaced that he impersonated an opposing attorney’s email account in the midst of litigation. In a June 2025 court filing, Chiappetta admitted creating a fake Yahoo email (ptesq1@yahoo.com) that mimicked attorney Patrick Trainor’s address – a childish stunt that crosses into fraudulent impersonation.
A motion on record details how Chiappetta used this sham email to send messages, effectively trying to pose as Trainor online.
This isn’t zealous advocacy; it’s deceit. Pair that with Chiappetta’s tactic of serving a journalist with a courthouse subpoena in a blatant attempt to ambush and intimidate the press – called “a scumbag tactic from a scumbag lawyer,” by one of his targets – and a disturbing picture emerges.
Why is Smith Tozian enabling these tactics? Where is the accountability?
Chiappetta’s camp might argue these actions are being “addressed” in litigation, but the Florida Bar’s mandate is to protect the public. How much misconduct must pile up – from ex parte impersonation to harassment of witnesses – before the Bar slams the door on this lawyer?
Smith Tozian’s involvement so far appears to consist of excuses and delay, rather than any remorse or corrective action.
Smith Tozian’s Track Record: Defending the Indefensible?
This isn’t the first time Smith Tozian has shown up when a lawyer is in serious ethical trouble. In fact, the firm’s reputation is built on representing attorneys accused of misconduct.
A look at some notorious cases raises the question: Is Smith Tozian in the business of rehabilitating reputations, or simply whitewashing wrongdoing to keep bad actors in practice? Consider these examples of lawyers who faced serious discipline – all represented by Smith Tozian – and ask whether the firm’s aggressive defense really served the public interest:
- Manuel Machin – Tried to buy a victim’s silence with a $30,000 trust fund offer during a murder sentencing (an attempt to thwart justice). Machin’s counsel, Donald A. Smith Jr. of Smith Tozian, argued that no serious harm was done and even suggested a mere slap on the wrist (an admonishment) would suffice. The Florida Supreme Court disagreed and hit Machin with a 90-day suspension for this outrageous scheme, noting that “[a] lawyer who tries to buy a victim’s silence…prejudices the administration of justice.” Machin got off light, but only despite Smith Tozian’s downplaying of his offense, not because of any noble defense strategy.
Scumbag Lawyer Defender Donald A. Smith, Jr.
- Daryl James Brown – Cooked up a fraudulent double-pledging of collateral in a Colorado real estate deal, essentially lying to a surety company and the court for personal gain. Brown was found to have violated honesty rules (4-8.4(c)) and more, yet Smith Tozian’s Richard Hinkle fought to minimize the penalty. The result? The Supreme Court approved a six-month suspension in 2005, noting Brown’s egregious conflict of interest and deceit. (Brown later appeared to run into more trouble – his Bar profile now reads “Disbarred” – a fall that aggressive counsel couldn’t prevent.) Smith Tozian’s vigorous defense may have shaved some time off Brown’s suspension initially, but at what cost to public trust?
Scumbag Lawyer Defender Scott K. Tozian
- Cyrus Alan Cox – Accused in the late 1990s of 59 separate rule violations ranging from mishandling client funds to conflicts of interest. Despite a referee’s leniency recommending a suspension, the Florida Supreme Court, unimpressed by any soft-pedaling, decided to disbar Cox outright. Cox’s attorney? Scott K. Tozian, the firm’s named partner. The court’s message was clear: when faced with “a total of fifty-nine violations” and patterns of deceit, even Smith Tozian’s expertise couldn’t save Cox from the ultimate sanction – getting booted from the legal profession.
Scumbag Lawyer Defender Gwendolyn H. Daniel
- David A. Graham – Engaged in a veritable crime spree in a law office: misappropriating six-figure sums from client settlements, commingling trust accounts, bouncing checks, and then lying to Bar investigators under oath to cover it up. Graham had Scott Tozian by his side in disciplinary proceedings, but the facts were beyond dispute. The Supreme Court in 1992 slammed Graham with disbarment, emphasizing that no mitigating sob story could excuse the breadth of his fraud. Graham’s case underscores a pattern: Smith Tozian often represents lawyers with extreme misconduct, but the firm’s involvement isn’t enough to prevent harsh discipline when the evidence is overwhelming.
These cases form a rogues’ gallery of lawyer misconduct. In each, Smith Tozian was on the defense – sometimes securing lighter outcomes than the Bar sought, other times failing to sway the justices.
The common thread? The firm consistently fights for lawyers who have violated the public’s trust, whether through lies, fraud, or even predatory behavior.
As one critic put it, Smith Tozian’s “sole mission in life is to ensure that predator lawyers can continue to victimize the general public,”
We ask: Why is this firm comfortable being known as the go-to defender for the worst of the worst?
Every profession deserves a defense, but at what point does a defense become an enabling mechanism for serial misbehavior?
Questions Demanding Answers
In light of the above, we publicly pose these blunt questions to Smith Tozian and the Florida Bar’s disciplinary authorities. The Florida public – especially those harmed by unethical lawyers – deserve straight answers:
- Why is Smith Tozian protecting lawyer-predators who target Florida families? The firm’s own marketing boasts of defending lawyers and judges, but how does protecting “scumbag” attorneys serve the cause of justice? Is profit the only motive, no matter the moral cost?
- Did Smith Tozian advise Nicholas Chiappetta to ignore the Bar’s response deadline? If so, on what possible grounds? Or did Chiappetta go rogue against his counsel’s advice? Either scenario is troubling – it’s either grossly unprofessional legal strategy or client defiance that suggests he believes himself above Bar rules. We insist on clarity: what role did Smith Tozian play in the missed October 24 deadline, and will the Bar impose consequences for this failure to respond?
- Has Smith Tozian engaged in any ex parte or “off the record” communications with Bar officials regarding Chiappetta’s case? We are aware of rumors that informal outreach may have occurred – perhaps to seek a favor or extension quietly. We demand the Bar confirm whether any such contact happened, and if it did, make it public. The integrity of the discipline process requires that all parties operate in the sunlight, not in smoke-filled back rooms.
- Is the Florida Bar Grievance Committee allowing a “two-tier” justice system for attorneys with insider connections? The optics here are awful. A federal judge found Chiappetta acted in bad faith and effectively embarrassed the legal profession. Yet months later, the Bar has not even received a response to its inquiry! Would a solo small-town lawyer or a minority attorney be treated with such kid gloves? Or is Chiappetta’s representation by a well-connected Tampa firm buying him extra slack? The Committee must assert that no one is above the law, especially not lawyers who know the rules.
- How many more scandal-plagued attorneys has Smith Tozian quietly helped dodge full accountability? We highlighted a few above, but are there others whose discipline was watered down after behind-the-scenes lobbying? Florida’s legal community whispers about “friends in Tampa” who can pull strings. Prove them wrong: show that every case is decided on the facts and merits, not on who lunches with whom.
- What will the Bar do to reassure the public that it prioritizes victims of lawyer misconduct over the lawyers’ cronies and defenders? Confidence in the Bar is shaken when people see repeat offenders coddled. Chiappetta’s case involves the alleged harassment of private citizens (social media smears, false accusations, impersonation attempts). The Florida Bar’s own mission is to protect the public from unethical lawyers. We ask the Bar leaders directly: When will you act decisively on Chiappetta, and by extension send a message to outfits like Smith Tozian that delay tactics and bluster won’t work?
We await your prompt and public responses. This email is a formal press inquiry, and we intend to publish it widely.
The people of Florida – and the many honest lawyers who don’t want their profession tarnished – are watching. The era of quiet leniency is over.
Answer these questions, or expect an even brighter spotlight on your actions in the coming days. The reputation of the Florida Bar and the justice system is on the line.
Will you side with transparency and accountability, or with those who profit from defending the indefensible?
Florida Bar counsel responded, copying Attorney Scott Tozian: “We have received your recent correspondence. Since our 25-page limit has been exceeded, please do not send additional documents.”
Luthmann replied to the Florida Bar counsel:
The Florida Bar Rules say that I have an opportunity to respond to Mr. Chiappetta in the context of this attorney grievance.
Thank you for confirming that he is in DEFAULT. Because if he were not in DEFAULT, you would be proceeding over a STAR CHAMBER in violation of your own rules.
If the Florida Bar Disciplinary Process is void of DUE PROCESS, then the organization has opened itself up to scrutiny not only in this case, but wholesale as a crooked trade association that has abandoned it’s consumer protection functions and does not act like a “grand jury.”
But that’s not the case here, Bar Counsel Suhm, now is it? We wouldn’t want to end up in court because the Florida Bar violates it’s own charter, rules, and due process while taking state and federal funds. This clearly isn’t a matter for DOGE or Florida DOGE, right?
If Mr. Chiappetta is allowed a response, will I be allowed a reply? Is there a procedure to move for additional pages? The state and federal courts have such a procedure.
I trust you won’t simply dismiss, disrespect, or disregard the rights of a complainant as to notice and an opportunity to be heard.
The ever-bombastic Luthmann says that there has been no further communication from The Florida Bar, and he still has not received a copy of Smith Tozian’s response to the Chiappetta grievance charges or the ex parte emails between Smith Tozian and The Florida Bar.
The Florida Bar Counsel
“I’m sure the consumer public in Florida, particularly senior citizens, will be happy to know that attorney discipline is apparently overseen by mindless protocol droids,” Luthmann said.
A History of Defending the Indefensible
If Smith Tozian’s dogged defense of Nick Chiappetta feels familiar, that’s because it is. The firm has a long, notorious history of enabling Florida’s most unethical lawyers to evade full accountability. For decades, whenever a Florida attorney makes headlines for misconduct, Smith Tozian’s name is on the defense side – a “scumbag shield” for the legal profession’s worst actors.
Need proof?
Look at the rogues’ gallery of clients past: Manuel A. Machin, a Tampa lawyer who tried to bribe a murder victim’s family to stay silent at sentencing, was represented by none other than Donald A. Smith Jr. of Smith & Tozian. Machin’s scheme – offering $30,000 to keep grieving relatives from speaking in court – was so appalling that the Florida Supreme Court remarked, “A lawyer who tries to buy a victim’s silence… prejudices the administration of justice.” Machin ended up suspended for 90 days, escaping with a slap on the wrist in 1994, thanks in part to his skillful defense.
Then there’s Daryl James Brown, a Bradenton attorney caught in a convoluted fraud involving a double-pledged escrow that left a surety company holding a $148,000 bag of losses. Brown was charged with dishonesty and misrepresentation, but with Scott K. Tozian and Gwendolyn H. Hinkle from Smith & Tozian at his side, he fought the allegations for years. In 2005 the Florida Supreme Court finally suspended Brown for six months – a punishment critics called lenient for a scheme the referee said Brown knew was “contrary to honesty and justice.”
The Smith Tozian law firm’s target clientele.
The pattern continues: Cyrus Alan Cox, a Fort Lauderdale lawyer who racked up an astonishing 59 rule violations (from trust account abuses to conflicts of interest), was represented by Scott Tozian when the Bar sought to disbar him. Cox was ultimately disbarred in 1998, but not before Smith Tozian fought to lessen the blow.
And let’s not forget David A. Graham, a Broward attorney who stole client settlement funds and lied to Bar investigators – behavior so egregious that the Supreme Court disbarred him in 1992. Who was Graham’s counsel? Scott Tozian, of course. It’s a who’s who of disgraced Florida lawyers, and the common denominator is the Tampa firm that defended every one of them.
Why does Smith Tozian do it? In fairness, even bad actors deserve a defense. But the firm’s critics argue that there’s a difference between ensuring due process and enabling serial misconduct.
Time and again, the firm’s advocacy has helped lawyer-clients delay or dilute discipline, allowing dangerous attorneys to keep practicing when stricter punishment might have protected the public.
Chiappetta’s License to LIE CHEAT STEAL and KILL?
In Chiappetta’s case, observers fear the same playbook is unfolding: use procedural tricks and personal connections to drag out the process, cast the aggressor as the victim, and muddy the facts with side issues (here, blaming the opposing party’s “tactics” and a supposed conspiracy against Chiappetta). Meanwhile, Chiappetta continues filing vexatious motions and fanning the flames online, confident that his Smith Tozian team will fend off any immediate consequences.
Luthmann – the plaintiff going up against Chiappetta – has been unabashed in calling out this dynamic. He accuses Smith Tozian of acting as a “fixer” for corrupt lawyers, rather than a law firm with any regard for justice.
“No party should be forced to litigate under the shadow of such attorney misconduct,” Luthmann wrote, urging the court not to “countenance an officer of the court who so openly defies professional norms.”
To Luthmann, the solution is simple: kick Chiappetta off his current cases and shine a light on the cozy dealings between his lawyers and the Bar. Whether the court will take that extraordinary step remains to be seen.
But even some outside voices agree that the Chiappetta fiasco is a wake-up call. Cortney Kotzian, the journalist who witnessed Noshirvan’s courtroom meltdown, expressed concern not only for Noshirvan’s wellbeing but for the system at large. She noted that Magistrate Judge Mizell went out of his way to be patient with Chiappetta and Noshirvan, yet the defendant’s bluster “left observers slack-jawed” and “disturbed.”
In Kotzian’s view, Noshirvan and Chiappetta appeared defiant in the face of the facts – a failing that ultimately lands at the attorney’s feet.
After the hearing, Chiappetta began peppering Kotzian and her acquaintances with harassing communications, according to a new and recently-docketed attorney grievance.
As the saga continues, one thing is crystal clear: Smith Tozian’s scumbag shield is under scrutiny like never before. By staunchly defending Nicholas Chiappetta – a lawyer who forged emails, derailed mediation, and provoked sanctions – the firm has drawn a line in the sand. Are they proud saviors of attorneys in distress, or cynical enablers of “lawyer-predators” who exploit the system?
The snappy answer might depend on whom you ask. But in Florida’s legal circles, the Smith Tozian brand is becoming synonymous with the latter.
And with every explosive court filing and leaked email, the firm’s legacy of defending the indefensible grows less like a noble calling and more like a dark joke. In the court of public opinion, at least, the verdict on Smith Tozian is trending guilty – guilty of shielding scumbags and, in doing so, tarnishing the very profession they claim to uphold.
