Gillespie Response and Records Request to Ms Savitz Bar Counsel May-08-2015

8/9/2019 Gillespie Response and Records Request to Ms Savitz Bar Counsel May-08-2015

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VIA Email: [email protected] May 8, 2015Ms. Patricia Ann Toro SavitzThe Florida Bar 1000 Legion Place, Suite 1625Orlando, Florida 32801-1050

Public Access to Judicial Branch Records, Art. I, § 24, Florida Constitution

Fla. R. Jud. Admin. Rule 2.420(m)(1). Re: Complaint of Neil J. Gillespie againstDanielle Nicole Parsons, The Florida Bar File No. 2014-30,525 (09A)

Ms. Savitz:

This is a records request for file in File No. 2014-30,525 (09A). Art. I, § 24, Rule 2.420(m)(1).

I have your letter dated January 30, 2015. It arrived by email February 10, 2015 from Paul Hill,

I enclose a pdf copy of correspondence advising of that outcome -- from Patricia Savitz,two days later -- which, I am told, was directed to you via USPS to the address shown.

I do not know any other details regarding the postal history of this letter or envelope.

The letter did not arrive by USPS. Provide evidence of mailing, or your affidavit of mailing.

I have your letter dated February 10, 2015 that was emailed to me by Rose M. Prichnick.

Parsons engaged in misconduct while supervising paralegal Yolanda I. Martinez, a non-lawyer.

In each letter, you wrote, “Because the bar only has the authority to address questions of ethics,the committee could not address any legal issues about which you may feel concerned.”

I did not ask the bar to address any “legal issues”. My complaint alleged Ms. Parsons violated the Rules of Professional Conduct. Ms. Parsons repeatedly violated Rule 4-3.3 Candor Toward The Tribunal, including filing the action as a commercial foreclosure, when it is in fact aresidential foreclosure. Ms. Parsons also repeatedly violated the verification rule, and assisted Debbie Sims, Vice President of Reverse Mortgage Solutions, Inc., in violating,

F.S. § 837.06, False official statements, the Perjury chapter

837.06 False official statements.—Whoever knowingly makes a false statement inwriting with the intent to mislead a public servant in the performance of his or her officialduty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s. 775.083.

Do you contend that Ms. Parsons is protected by the “litigation privilege”? Debbie Sims is not alawyer and does not have protection from violating F.S. § 837.06, False official statements.

The Litigation Privilege subverts the rule of law by allowing lawyers to lie in open court, and tolie in court documents, about factual or legal matters in a case, for tactical advantage. It does notappear constitutionally tolerable given a defendant’s right to, inter alia, due process.

R E C E I V E D , 5 / 8 / 2 0 1 5 4 : 0 5 P M , J o a n n e P . S i m m o n s , F i f t h D i s t r i c t C o u r t o f A p p e a l


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Patricia Ann Toro Savitz May 8, 2015The Florida Bar Page - 2

From the rebuttal letter March 10, 2014 of attorney Barry Davidson for Danielle Nicole Parsons,The Florida Bar File No. 2014-30,525(9A), page 2:

With respect to any other claims Mr. Gillespie may allege in the future, I note that Ms.

Parsons is protected from liability by the litigation privilege, which extends to all causesof action, including both common-law torts and statutory causes of action. Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A. v. US. Fire Ins. Co., 639 So. 2d 606, 608 (Fla. 1994) (holding that any act occurring during the course of a judicial proceeding enjoys "absolute immunity"); see also Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So. 2d 380, 384 (Fla. 2007) (holding that the litigation privilegeextends to all causes of action, including statutory causes of action).

For example, Florida Bar Rule 4-3.3 Candor Toward The Tribunal. (attached)

RULE 4-3.3 CANDOR TOWARD THE TRIBUNALhttps://www.floridabar.org/divexe/rrtfb.nsf/FV/C7603354C3858947852574F60059B58C

(a) False Evidence; Duty to Disclose. A lawyer shall not knowingly:(1) make a false statement of fact or law to a tribunal or fail to correct a falsestatement of material fact or law previously made to the tribunal by the lawyer; (2) fail to disclose a material fact to a tribunal when disclosure is necessary toavoid assisting a criminal or fraudulent act by the client;(3) fail to disclose to the tribunal legal authority in the controlling jurisdictionknown to the lawyer to be directly adverse to the position of the client and notdisclosed by opposing counsel; or (4) offer evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative unless so

ordered by the tribunal. If a lawyer, the lawyer’s client, or a witness called by thelawyer has offered material evidence and the lawyer comes to know of its falsity,the lawyer shall take reasonable remedial measures including, if necessary,disclosure to the tribunal. A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.

(b) Criminal or Fraudulent Conduct. A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedialmeasures, including, if necessary, disclosure to the tribunal.

(c) Ex Parte Proceedings. In an ex parte proceeding a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed

decision, whether or not the facts are adverse.(d) Extent of Lawyer's Duties. The duties stated in this rule continue beyond theconclusion of the proceeding and apply even if compliance requires disclosure of information otherwise protected by rule 4-1.6.

Informational Packet, Candor Toward the Tribunal, Florida Bar Ethics Department (29 pages)http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/0F161F3B5030FE0485256B29004BEEDD/$FILE/candor%20packet.pdf?OpenElement


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Rule 4-1.2(d) prohibits the lawyer from assisting a client in conduct that the lawyer

knows or reasonably should know is criminal or fraudulent.

Rule 4-3.4(b) prohibits a lawyer from fabricating evidence or assisting a witness to testify falsely

Rule 4-8.4(a) prohibits the lawyer from violating the Rules of Professional Conduct or knowingly assisting another to do so.

Rule 4-8.4(b) prohibits a lawyer from committing a criminal act that reflects adversely onthe lawyer's honesty, trustworthiness, or fitness as a lawyer.

Rule 4-8.4(c) prohibits a lawyer from engaging in conduct involving dishonesty, fraud,deceit, or misrepresentation.

Rule 4-8.4(d) prohibits a lawyer from engaging in conduct that is prejudicial to theadministration of justice.

Rule 4-1.6(b) requires a lawyer to reveal information to the extent the lawyer reasonably believes necessary to prevent a client from committing a crime.

Rule 4-3.3(a)(2), requires a lawyer to reveal a material fact to the tribunal whendisclosure is necessary to avoid assisting a criminal or fraudulent act by the clien.

Rule 4-3.3(a)(4) prohibits a lawyer from offering false evidence and requires the lawyer to take reasonable remedial measures when false material evidence has been offered.

Rule 4-1.16 prohibits a lawyer from representing a client if the representation will result

in a violation of the Rules of Professional Conduct or law and permits the lawyer towithdraw from representation if the client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent or repugnant or imprudent.

Rule 4-1.16(c) recognizes that notwithstanding good cause for terminating representationof a client, a lawyer is obliged to continue representation if so ordered by a tribunal.

Florida caselaw prohibits lawyers from presenting false testimony or evidence.Kneale v. Williams, 30 So. 2d 284 (Fla. 1947), states that perpetration of a fraud isoutside the scope of the professional duty of an attorney and no privilege attaches tocommunication between an attorney and a client with respect to transactions constitutingthe making of a false claim or the perpetration of a fraud. Dodd v. The Florida Bar, 118So. 2d 17 (Fla. 1960), reminds us that "the courts are . . . dependent on members of the bar to . . . present the true facts of each cause . . . to enable the judge or the jury to[decide the facts] to which the law may be applied. When an attorney . . . allows falsetestimony . . . [the attorney] . . . makes it impossible for the scales [of justice] to balance."See The Fla. Bar v. Agar, 394 So. 2d 405 (Fla. 1981), and The Fla. Bar v. Simons, 391So. 2d 684 (Fla. 1980). To permit or assist a client or other witness to testify falsely is

prohibited by F.S. § 837.02 which makes perjury in an official proceeding a felony, and by F.S. § 777.011 which proscribes aiding, abetting, or counseling commission of a felony


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Ms. Savitz, this complaint opened December 6, 2013 by enclosed letter of Mr. Littlewood, and closed February 10, 2015 with your letter, a duration of 431 days, or 1 year, 2 months, 4 days.

On May 22, 2014 Ghunise L. Coaxum informed me by letter (enclosed)

In December, 2013, you filed an unlicensed practice of law complaint against Yolanda I.Martinez based on allegations that she engaged in the unlicensed practice of law througha series of e-mail communications to you. The Committee Chair has concluded that the e-mails in question were all sent at the direction of Ms. Martinez's supervising attorney,Danielle N. Parsons. The file is closed.

Beginning July 29, 2014 Lisa M. Acharekar, Office of Statewide Prosecution, was involved asChair of the Ninth Judicial Circuit Grievance Committee “09A”, then she quickly disappeared from the complaint against Ms. Parsons. (letters enclosed)

I received a Notice of Assignment of Investigating Member and/or Panel, dated September 2,2014 in The Supreme Court of Florida, Before a Grievance Committee, appointing Jon MarshallOden, and Frank Harlan Killgore Jr. (Notice enclosed)

On September 23, 2014 you provided by letter, and Rose M. Prichnick provided by email 1,046 pages of public records in this grievance. (letter and one of six emails enclosed)

Beginning in September 2014 Mr. Killgore sought to interview me.

If your contention advanced by email letter dated February 10, 2015 is correct, why did you failto reach this conclusion sooner?

Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481Telephone: 352-854-7807Email: [email protected]

Cc. Mr. Barry R. Davidson (for Respondent)Email: [email protected]

Cc. Mr. Frank Harlan Killgore Jr.Email: [email protected]

Cc. Mr. Jon Marshall OdenEmail: [email protected]


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The Florida Bar

John F. Harkness, Jr.

Executive Director

Orlando Branch Office

The Gateway Center1000 Legion Place, Suite 1625

Orlando, Florida 32801-1050(407) 425-5424

www.FLORIDABAR.org

January 30, 2015

Neil J. Gillespie

8092 S.W. 115Th Loop

Ocala, FL 34481

Re: Complaint by Neil J. Gillespie against Danielle Nicole Parsons

The Florida Bar File No. 2014-30,525 (9A)

Dear Mr. Gillespie:

Pursuant to Rule 3-7.4(k), this document serves as a Letter Report of No Probable Cause

Finding. On the basis of a diligent and impartial analysis of all the information available, onJanuary 28, 2015, the grievance committee found no probable cause for further disciplinary

proceedings in this matter. The membership of the committee is made up of both attorneys and

non-attorneys. This case is now closed.

Because the bar only has the authority to address questions of ethics, the committee could not

address any legal issues about which you may feel concerned.

Pursuant to the Bar’s records retention schedule, the com puter record and file will be disposed ofone year from the date of closing.

Sincerely,

Patricia Ann Toro Savitz

Bar Counsel

PAS/rmp

cc: Robert J Stovash, Chair

Paul Louis SanGiovanni, Designated ReviewerJon Marshall Oden, Investigating Member

Barry Rodney Davidson, via email [email protected]

mailto:[email protected]:[email protected]:[email protected]:[email protected]


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Mr. Neil J. Gillespie

8092 S.W. 115Th LoopOcala, FL 34481


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The Florida Bar


Executive Director



Orlando, Florida 32801-1050(407) 425-5424

www.FLORIDABAR.org

February 10, 2015

AMENDED

Via email only [email protected]

Neil J. Gillespie

8092 S.W. 115Th Loop

Ocala, FL 34481

Re: Complaint by Neil J. Gillespie against Danielle Nicole ParsonsThe Florida Bar File No. 2014-30,525 (9A)

Dear Mr. Gillespie:

Pursuant to Rule 3-7.4(k), this document serves as a Letter Report of No Probable CauseFinding. On the basis of a diligent and impartial analysis of all the information available, on

January 28, 2015, the grievance committee found no probable cause for further disciplinary

proceedings in this matter. The membership of the committee is made up of both attorneys and

non-attorneys.

The grievance committee reviewed all information and documentation submitted by both youand Ms. Parsons. The allegations in your complaint involve the civil and federal cases regarding

the efforts to pursue a foreclosure on your home. The underlying litigation is ongoing and

vigorously contested. It is clear from your materials that it remains your position that Ms.Parsons engaged in unethical conduct during her representation of foreclosure plaintiff, Reverse

Mortgage Solutions, Inc. However, the grievance committee has determined that there

insufficient basis for further disciplinary proceedings regarding the actions taken by Ms. Parsons

in the foreclosure case. Moreover, it would appear that the issues raised in this matter areappropriate for review and determination by a court of competent jurisdiction assigned to handle

such cases. Accordingly, this case is now closed.

Because the bar only has the authority to address questions of ethics, the committee could not

address any legal issues about which you may feel concerned.



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Complaint by Neil J. Gillespie against Danielle Nicole ParsonsThe Florida Bar File No. 2014-30,525 (9A)

Page 2

Pursuant to the Bar’s records retention schedule, the computer record and file will be disposed ofone year from the date of closing.

Sincerely,


Bar Counsel

cc: Robert J Stovash, Chair – via emailPaul Louis SanGiovanni, Designated Reviewer - via emailJon Marshall Oden, Investigating Member - via email

Frank Harlan Killgore, Investigating Member - via email

Barry Rodney Davidson, via email [email protected]



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Search The Florida Bar

THE FLORIDA BAR / Rules

The Florida Barwww.floridabar.org

RULE 4-3.3 CANDOR TOWARD THE TRIBUNAL

4 RULES OF PROFESSIONAL CONDUCT

4-3 ADVOCATE

RULE 4 - 3 . 3 CANDOR TOW ARD THE TR I BUNA L

(a) False Evidence; Duty to Disclose. A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made

to the tribunal by the lawyer;

(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the

client;

(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the

position of the client and not disclosed by opposing counsel; or

(4) offer evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the

form of a narrative unless so ordered by the tribunal. If a lawyer, the lawyer’s client, or a witness called by the lawyer has

offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures

including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence that the lawyer reasonably believes is

false.

(b) Criminal or Fraudulent Conduct. A lawyer who represents a client in an adjudicative proceeding and who knows that a

person intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding shall take

reasonable remedial measures, including, if necessary, disclosure to the tribunal.

(c) Ex Parte Proceedings. In an ex parte proceeding a lawyer shall inform the tribunal of all material facts known to the lawyer

that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

(d) Extent of Lawyer's Duties. The duties stated in this rule continue beyond the conclusion of the proceeding and apply even if

compliance requires disclosure of information otherwise protected by rule 4-1.6.

Comment

This rule governs the conduct of a lawyer who is representing a client in the proceedings of a tribunal. See terminology for the

definition of "tribunal." It also applies when the lawyer is representing a client in an ancillary proceeding conducted pursuant to the

tribunal's adjudicative authority, such as a deposition. Thus, for example, subdivision (a)(4) requires a lawyer to take reasonable

remedial measures if the lawyer comes to know that a client who is testifying in a deposition has offered evidence that is false.

This rule sets forth the special duties of lawyers as officers of the court to avoid conduct that undermines the integrity of the

adjudicative process. A lawyer acting as an advocate in an adjudicative proceeding has an obligation to present the client's case with

persuasive force. Performance of that duty while maintaining confidences of the client is qualified by the advocate's duty of candor

ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES LOG IN FIND A LAWYER

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to the tribunal. Consequently, although a lawyer in an adversary proceeding is not required to present a disinterested exposition of

the law or to vouch for the evidence submitted in a cause, the lawyer must not allow the tribunal to be misled by false statements of

law or fact or evidence that the lawyer knows to be false.

Lawyers who represent clients in alternative dispute resolution processes are governed by the Rules of Professional Conduct. When

the dispute resolution process takes place before a tribunal, as in binding arbitration (see terminology), the lawyer's duty of candor

is governed by rule 4-3.3. Otherwise, the lawyer's duty of candor toward both the third-party neutral and other parties is governed

by rule 4-4.1.

Representations by a lawyer

An advocate is responsible for pleadings and other documents prepared for litigation, but is usually not required to have personal

knowledge of matters asserted therein, for litigation documents ordinarily present assertions by the client, or by someone on the

client's behalf, and not assertions by the lawyer. Compare rule 4-3.1. However, an assertion purporting to be on the lawyer's own

knowledge, as in an affidavit by the lawyer or in a statement in open court, may properly be made only when the lawyer knows the

assertion is true or believes it to be true on the basis of a reasonably diligent inquiry. There are circumstances where failure to make

a disclosure is the equivalent of an affirmative misrepresentation. The obligation prescribed in rule 4-1.2(d) not to counsel a client

to commit or assist the client in committing a fraud applies in litigation. Regarding compliance with rule 4-1.2(d), see the comment

to that rule. See also the comment to rule 4-8.4(b).

Misleading legal argument

Legal argument based on a knowingly false representation of law constitutes dishonesty toward the tribunal. A lawyer is not

required to make a disinterested exposition of the law, but must recognize the existence of pertinent legal authorities. Furthermore,

as stated in subdivision (a)(3), an advocate has a duty to disclose directly adverse authority in the controlling jurisdiction that has

not been disclosed by the opposing party. The underlying concept is that legal argument is a discussion seeking to determine the

legal premises properly applicable to the case.

False evidence

Subdivision (a)(4) requires that the lawyer refuse to offer evidence that the lawyer knows to be false, regardless of the client's

wishes. This duty is premised on the lawyer's obligation as an officer of the court to prevent the trier of fact from being misled by

false evidence. A lawyer does not violate this rule if the lawyer offers the evidence for the purpose of establishing its falsity.

If a lawyer knows that the client intends to testify falsely or wants the lawyer to introduce false evidence, the lawyer should seek to

persuade the client that the evidence should not be offered. If the persuasion is ineffective and the lawyer continues to represent the

client, the lawyer must refuse to offer the false evidence. If only a portion of a witness's testimony will be false, the lawyer may call

the witness to testify but may not elicit or otherwise permit the witness to present the testimony that the lawyer knows is false.

The duties stated in this rule apply to all lawyers, including defense counsel in criminal cases.

The prohibition against offering false evidence only applies if the lawyer knows that the evidence is false. A lawyer’s reasonable

belief that evidence is false does not preclude its presentation to the trier of fact.

The rule generally recognized is that, if necessary to rectify the situation, an advocate must disclose the existence of the client's

deception to the court. Such a disclosure can result in grave consequences to the client, including not only a sense of betrayal but

also loss of the case and perhaps a prosecution for perjury. But the alternative is that the lawyer cooperate in deceiving the court,

thereby subverting the truth-finding process that the adversary system is designed to implement. See rule 4-1.2(d). Furthermore,

unless it is clearly understood that the lawyer will act upon the duty to disclose the existence of false evidence, the client can

simply reject the lawyer's advice to reveal the false evidence and insist that the lawyer keep silent. Thus, the client could in effect



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coerce the lawyer into being a party to fraud on the court.

Remedial measures

If perjured testimony or false evidence has been offered, the advocate's proper course ordinarily is to remonstrate with the client

confidentially if circumstances permit. In any case, the advocate should ensure disclosure is made to the court. It is for the court

then to determine what should be done – making a statement about the matter to the trier of fact, ordering a mistrial, or perhaps

nothing. If the false testimony was that of the client, the client may controvert the lawyer's version of their communication when the

lawyer discloses the situation to the court. If there is an issue whether the client has committed perjury, the lawyer cannot represent

the client in resolution of the issue and a mistrial may be unavoidable. An unscrupulous client might in this way attempt to produce

a series of mistrials and thus escape prosecution. However, a second such encounter could be construed as a deliberate abuse of the

right to counsel and as such a waiver of the right to further representation. This commentary is not intended to address the situation

where a client or prospective client seeks legal advice specifically about a defense to a charge of perjury where the lawyer did not

represent the client at the time the client gave the testimony giving rise to the charge.

Refusing to offer proof believed to be false

Although subdivision (a)(4) only prohibits a lawyer from offering evidence the lawyer knows to be false, it permits the lawyer to

refuse to offer testimony or other proof that the lawyer reasonably believes is false. Offering such proof may reflect adversely on the

lawyer's ability to discriminate in the quality of evidence and thus impair the lawyer's effectiveness as an advocate.

A lawyer may not assist the client or any witness in offering false testimony or other false evidence, nor may the lawyer permit the

client or any other witness to testify falsely in the narrative form unless ordered to do so by the tribunal. If a lawyer knows that the

client intends to commit perjury, the lawyer's first duty is to attempt to persuade the client to testify truthfully. If the client still

insists on committing perjury, the lawyer must threaten to disclose the client's intent to commit perjury to the judge. If the threat of

disclosure does not successfully persuade the client to testify truthfully, the lawyer must disclose the fact that the client intends to

lie to the tribunal and, per 4-1.6, information sufficient to prevent the commission of the crime of perjury.

The lawyer's duty not to assist witnesses, including the lawyer's own client, in offering false evidence stems from the Rules of

Professional Conduct, Florida statutes, and caselaw.

Rule 4-1.2(d) prohibits the lawyer from assisting a client in conduct that the lawyer knows or reasonably should know is criminal or

fraudulent.

Rule 4-3.4(b) prohibits a lawyer from fabricating evidence or assisting a witness to testify falsely.

Rule 4-8.4(a) prohibits the lawyer from violating the Rules of Professional Conduct or knowingly assisting another to do so.

Rule 4-8.4(b) prohibits a lawyer from committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or

fitness as a lawyer.

Rule 4-8.4(c) prohibits a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Rule 4-8.4(d) prohibits a lawyer from engaging in conduct that is prejudicial to the administration of justice.

Rule 4-1.6(b) requires a lawyer to reveal information to the extent the lawyer reasonably believes necessary to prevent a client from

committing a crime.

This rule, 4-3.3(a)(2), requires a lawyer to reveal a material fact to the tribunal when disclosure is necessary to avoid assisting a

criminal or fraudulent act by the client, and 4-3.3(a)(4) prohibits a lawyer from offering false evidence and requires the lawyer to

take reasonable remedial measures when false material evidence has been offered.



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Rule 4-1.16 prohibits a lawyer from representing a client if the representation will result in a violation of the Rules of Professional

Conduct or law and permits the lawyer to withdraw from representation if the client persists in a course of action that the lawyer

reasonably believes is criminal or fraudulent or repugnant or imprudent. Rule 4-1.16(c) recognizes that notwithstanding good cause

for terminating representation of a client, a lawyer is obliged to continue representation if so ordered by a tribunal.

To permit or assist a client or other witness to testify falsely is prohibited by section 837.02, Florida Statutes (1991), which makes

perjury in an official proceeding a felony, and by section 777.011, Florida Statutes (1991), which proscribes aiding, abetting, or

counseling commission of a felony.

Florida caselaw prohibits lawyers from presenting false testimony or evidence. Kneale v. Williams, 30 So. 2d 284 (Fla. 1947), states

that perpetration of a fraud is outside the scope of the professional duty of an attorney and no privilege attaches to communication

between an attorney and a client with respect to transactions constituting the making of a false claim or the perpetration of a fraud.

Dodd v. The Florida Bar, 118 So. 2d 17 (Fla. 1960), reminds us that "the courts are . . . dependent on members of the bar to . . .

present the true facts of each cause . . . to enable the judge or the jury to [decide the facts] to which the law may be applied. When

an attorney . . . allows false testimony . . . [the attorney] . . . makes it impossible for the scales [of justice] to balance." See The Fla.

Bar v. Agar, 394 So. 2d 405 (Fla. 1981), and The Fla. Bar v. Simons, 391 So. 2d 684 (Fla. 1980).

The United States Supreme Court in Nix v. Whiteside, 475 U.S. 157 (1986), answered in the negative the constitutional issue of

whether it is ineffective assistance of counsel for an attorney to threaten disclosure of a client's (a criminal defendant's) intention to

testify falsely.

Ex parte proceedings

Ordinarily, an advocate has the limited responsibility of presenting 1 side of the matters that a tribunal should consider in reaching a

decision; the conflicting position is expected to be presented by the opposing party. However, in an ex parte proceeding, such as an

application for a temporary injunction, there is no balance of presentation by opposing advocates. The object of an ex parte

proceeding is nevertheless to yield a substantially just result. The judge has an affirmative responsibility to accord the absent party

just consideration. The lawyer for the represented party has the correlative duty to make disclosures of material facts known to the

lawyer and that the lawyer reasonably believes are necessary to an informed decision.

[Revised: 02/01/2010]



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THE

FLORIDA

BAR

651 EAST JEFFERSON

STREET

JOHN F.

HARKNESS,

JR.

TALLAHASSEE,FL

32399-2300

850/561-5600

EXECUTIVEDIRECTOR

WWW.FLORIDABAR.OR

December6, 2013

Ms.DanielleNicoleParsons

225ERobinsonStSte660

Orlando,FL32801-4321

Re: ComplaintbyNeilJ. GillespieagainstDanielleNicoleParsons

TheFloridaBarFileNo.2014-30,525(9A)

DearMs. Parsons:

Enclosed is a copy of an inquiry/complaint and any supporting documents submitted by the

above referenced complainant(s

.

Your response to this complaint is required under the

provisionsof Rule4-8.4(g),Rulesof ProfessionalConductof theRulesRegulatingTheFlorida

Bar,andisdueinourofficebyDecember 20,2013. Responsesshouldnotexceed25 pagesand

may refer to any additional documents or exhibits that are available on request. Faillire to

provideawrittenresponsetothiscomplaintisinitselfaviolation of Rule4-8.4(g). Pleasenote

thatanycorrespondence mustbe sentthroughthe

u.s.

mail; wecannotacceptfaxedmaterial.

Youare further required to furnish the complainant with acompletecopyof

your

written

response,including

any

documents

submitted

therewith.

Please note that pursuant to Rule 3-7.1 (b), Rules of Discipline, any reports, correspondence,

papers,recordingsand/ortranscripts

of

hearingsreceivedfromeitheryouorthecomplainant(s)

shallbecomeapart

of

thepublicrecordinthismatterandthusaccessibletothepublicupona

dispositionof this file. Itshouldbe notedthat The FloridaBaris requiredto acknowledgethe

statusof proceedingsduringthependency of aninvestigation,if aspecificinquiryismadeand

thematterisdeemedto be inthepublicdomain. PursuanttoRule3-7.1(t),Rulesof Discipline,

you are further required to complete and return the enclosed Certificate of Disclosure form.

Further, please notify this office, in writing, of any pending civil, criminal, or administrative

litigationwhichpertainstothisgrievance. Pleasenotethatthisisacontinuingobligationshould

newlitigationdevelopduringthependency

of

thismatter.


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Ms. Danielle Nicole Parsons

December

6

2013

Page Two

Finally, the filing o this complaint does not preclude conlmunication between the attorney and

the complainant s). Please review the enclosed Notice for information on submitting your

response.

Sincerely,

.

• Q 1I.

Theodore P. Littlewood Jr., Bar Counsel

Attorney Consumer Assistance Program

ACAP Hotline 866-352-0707

Enclosures Certificate o Disclosure, Notice o Grievance Procedures, Copy o Complaint,

Notice - Mailing Instructions)

cc: Mr. Neil

J.

Gillespie


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NOTICE OF

GRIEVANCE PROCEDURES

1 The enclosed letter is an informal inquiry. Your response is required under the

provisions

of

The Rules Regulating The Florida Bar 4 8.4(g), Rules of Professional Conduct.

Failure to provide a written response to this complaint is in i tself a violation of Rule 4 8.4(g). If

you do not respond, the matter will be forwarded to the grievance committee for disposition in

accordance with Rule 3-7.3 of the Rules of Discipline.

2

Many complaints considered first by staff counsel are not forwarded to a grievance

committee, as they do not involve violations of the Rules of Professional Conduct justifying

disciplinary action.

3 Pursuant to Rule 3-7.I(a), Rules

of

Discipline, any response by you in these proceedings

shall become part

of

the public record

of

this matter and thereby become accessible to the public

upon the closllre

of

the case by Bar counselor upon a finding of no probable cause, probable

cause, minor misconduct, or recommendation

of

diversion. Disclosure during the pendency of

an investigation may be made only as to status

if

a specific inquiry concerning this case is made

and if this matter is generally known to be in the public domain.

4 The grievance committee is the Bar 's grand jury. Its function and procedure are set

forth in Rule 3-7.4. Proceedings before the grievance committee, for the most part, are non

adversarial in nature. However, you should carefully review Chapter 3 of the Rules Regulating

The Florida Bar.

5

If the grievance committee finds probable cause, formal adversarial proceedings, which

ordinarily lead to disposition by the Supreme Court of Florida, will be commenced under

3-7.6, unless a plea is submitted under Rule 3-7.


17/30

NOTICE

Mailing

Instructions

The Florida Bar converts its disciplinaryfiles to electronicmedia. All submissions arebeing scanned

into an electronicrecord hardcopie.s arediscarded.

To

helpensurethe

timely

p r o e s s ~ g of

your

inquiry/complaint,pleasereviewthe followingguidelinesprior tosublnittingitto

our

office.

1. Please limit

your

su bmission to no more than

25 pages

including exhibits.

If

you have

additional documents available, please make reference to them in your written submission as

available upon request. Should Bar counsel need to obtain copies

of

any such documents, a

subsequentreque·stwillbe sent to you.

2. Please do not .bind,

or

index your documents. You may underline but do not highlight

documents underany·circumstances. We documents for use in our disciplinaryfiles and

when

scanned, your doculnenthighlighting will eith.er not bepicked

up

or may obscure any

underlyingtext.

3. Please

refrain from

attaching

media such

as

audio

tapes or CDs,

oversized

o ~ i i i n e n t s or.

photographs.

Wecannot

procfss any n:edia that

cannot

be

scanned

intotIleelectronicrecord.

4. Please do not

submit

your original

documents.

All documents will be discarded after

scan.ning and we will not be

able

to return any originals" submitted to our office. The

only

originaldocument.thatshouldbe proyided toour officeisthe

inquiry/complai?t

form.

5. Please do not

submit confidential or

privileged information. Documents

submitted

to

our

office become publicrec.ord. Confidential/privileged information should be redacted. Such

infonl1ationincludes,

but

is

not

lill1ited

to,

ballkaccountnumbers,socialsecurity numbers, credit

card ac.count nUlnbers,

edical

records,

dependency

nlatters,

termination

of parental rights,

guardian

ad

litemrecords,childabuse records,adoptionrecords,doclilnentscontaining names of

lninor children,original birth and death certificates, BakerAct records, grand jury records, and

juvenile

delinquency

r ~ o r d s

If

information

of

this nature

is

important

to

your

submission,

pleasedescribethe natureof the infonnation and indicatethat itis available upon request. Bar

counsel will contact you to make

appropriate

arrangements for

the

protection of any such

infonnation that isrequiredaspart of the investigation

of

the .complaint.

Please

be aware

that

materials received

that do not

meet

theseguidelinesmay be

returned.

ThaJ.lk

you

for

your

considerationinthisrespect.


18/30

THE FLORID B R

65 EAST JEFFERSON STREET

JOHN F. HARKNESS

JR.

TALLAHASSEE FL 32399-2300

850/561-5600

EXECUTIVE

DIRECTOR

WWW.FLORIDABAR.ORG

December

6

2013


8092 S.W. 115th Loop

Ocala, FL 34481

Re: Danielle Nicole Parsons; The Florida Bar File No. 2014-30,525 (9A)

Dear Mr. Gillespie:

Enclosed is a copy

of

our letter to Ms. Parsons which requires a response to your complaint.

Once you receive Ms. Parsons s response, you have 10 days to file a rebuttal

if

you so desire.

If

you decide to file a rebuttal, you must send a copy to Ms. Parsons. Rebuttals should not exceed

25

pages and may refer to any additional documents or exhibits that are available on request. Please

address any and all correspondence to me. Please note that any correspondence must be sent

through the U.S. mail; we cannot accept faxed material.

Please be advised that as an arm

of

the Supreme Court of Florida, The Florida Bar can

investigate allegations

of

misconduct against attorneys, and where appropriate, request that the

attorney be disciplined. The Florida Bar cannot render legal advice nor can The Florida Bar

represent individuals or intervene on their behalf in any civil or crinlinal nlatter. Further, please

notify this office, in writing,

of

any pending civil, criminal, or administrative litigation which

pertains to this grievance. Please note that this is a continuing obligation should new litigation

develop during the pendency

of

this matter.

Please review the enclosed Notice on mailing instructions for information on submitting your

rebuttal.

Sincerely,

~


19/30

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20/30

The Florida Bar

The Gateway Center

1000 Legion Place, Suite 1625

John

F. Harkness,

Jr.

Orlando, Florida 32801-1050

(407) 425-0473

Executive Director

www.FLORIDABAR.org

May

22 2014

Mr. Neil J Gillespie

8092 SW 115th Loop

Ocala, FL 34481

Re: Unlicensed Practice

of

Law Investigation

of

Yolanda I Martinez

Case No. 20143031(9A)

Dear Mr. Gillespie:

In December, 2013, you filed an unlicensed practice of law complaint against Yolanda I

Martinez based on allegations that she engaged in the unlicensed practice of law through a series

of

e-mail communications to you. The Committee Chair has concluded that the e-mails in

question were all sent at the direction of Ms. Martinez's supervising attorney, Danielle N.

Parsons. The file is closed.

Sincerely,

Ghunise L Coaxum

Branch UPL Counsel

UPL Department, Orlando

L lct


21/30

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22/30

The

Florida

Bar


The Gateway Center


Executive Director



(407) 425-5424

www.FLORIDABAR.org

July

29 2014

Via email [email protected]

Lisa M. Acharekar, Chair

Office

of

Statewide Prosecution

135 W. Central Blvd Stet 1000

Orlando, FL 32801-2437

Re: Complaint by Neil J. Gillespie against Danielle Nicole Parsons


Dear Ms. Acharekar:

This is to advise that the above-referenced matter has been forwarded to your committee for

further investigation and disposition.

The documents will soon

be

posted to the Grievance Committee Webpage for the Committee's

convenience. As always, if I can

be

of further assistance, please do not hesitate to contact me.

Sincerely,


Bar Counsel

I.

PAS/rmp

cc: ~ r r y Rodney Davidson, via email [email protected]

\./Neil

J. Gillespie


23/30

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24/30

The Florida Bar


Executive Director



Orlando, Florida 32801-1050(407) 425-5424

www.FLORIDABAR.org

August 6, 2014

Via email only

Neil J. Gillespie

8092 SW 115th LoopOcala, FL 34481

Re: Complaint of Neil J. Gillespie against Danielle Nicole ParsonsThe Florida Bar File No. 2014-30,525 (09A)

Dear Mr. Gillespie:

This correspondence is to clarify the current status of this matter. The case has been referred tothe Ninth Judicial Circuit Grievance Committee “09A.” The chair of the committee is Lisa M.

Acharekar. You will be notified in writing regarding the appointment of Investigating Members

for further investigation by the committee. The case has not been referred to the AttorneyGeneral’s Office or the Off ice of the Statewide Prosecutor for investigation.

Thank you for your continued cooperation with this matter.

Sincerely,


Bar Counsel

Cc: Barry R. Davidson, Counsel for Respondent- via email only

Lisa M. Acharekar, Chair- via email only


25/30

Neil Gillespie

From: "Rose M Prichnick" To: Cc: "Patti A. Savitz" ; ;

Sent: Wednesday, August 06, 2014 9:26 AM

Attach: Letter to Complainant.pdf Subject: Complaint of Neil J. Gillespie against Danielle Nicole Parsons The Florida Bar File No. 2014-30,525

(09A)

Page 1 of 1

8/6/2014

Letter to Complainant 08/05/2014

__________________________ Rose M. Prichnick Legal Secretary Lawyer Regulation THE FLORIDA BAR

1000 Legion Place, Suite 1625 Orlando, Florida 32801-1050

Phone: 407-425-5424, Ext. 4426 Fax: 407-841-5403 Email: [email protected] Web: http://www.floridabar.org

Please note: Florida has very broad public records laws. Many written communications to or from The Florida Barregarding Bar business may be considered public records, which must be made available to anyone upon

request. Your e-mail communications may therefore be subject to public disclosure.


26/30

IN THE SUPREME COURT OF FLORIDA

(Before a Grievance Con1mittee)

IN RE: Complaint by Neil

J

Gillespie against Danielle Nicole Parsons


NOTICE OF ASSIGNMENT OF INVESTIGATING MEMBER

AND/OR PANEL

TO:

Neil

J

Gillespie

Barry Rodney Davidson

8092 SW 115th Loop

Counsel for Respondent

Ocala, FL 34481

Barclays Financial Center

1111 Brickell Ave. Floor 25

Miami, FL 33131-3101

Tele: (305)810-2500

[email protected]

The complaint is hereby assigned to the following member(s)

of the committee for

investigation:

Jon Marshall Oden

Frank Harlan Killgore Jr.

Ball Janik L.L.P.

Killgore, Pearlman, Stamp, Ornstein

201 E

Pine St. Ste .825 Squires


P.O. Box 1913

Tele: (407)902-2077


Tele: (407)425-1020

Notice is given that this case will be considered by the committee.

Respondent and complainant shall contact the investigating members within

10

days from the date

of

this notice to discuss the investigation of this matter.

DATED this 2day of September, 2014.



27/30

Bar Counsel

The Florida Bar



(407) 425-5424

[email protected]

Copies furnished to:

Frank H. Killgore Jr., Chair, Ninth Judicial Circuit Grievance Committee A and

Investigating Member

Jon Marshall Oden, Investigating Member


28/30

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30/30

Neil Gillespie

From: "Rose M Prichnick" To: Cc: "Patti A. Savitz" Sent: Tuesday, September 23, 2014 4:07 PM

Attach: Letter to Neil J. Gillespis.pdf; Parsons-Gillespie-Part 1.pdf; Parsons-Gillespie-Part 2.pdf; Parsons-Gillespie-Part 3.pdf

Subject: Complaint of Neil J. Gillespie against Danielle Nicole Parsons The Florida Bar File No. 2014-30,525(09A)

Page 1 of 1

Dear Mr. Gillespie,

Due to the size of some of the files; you will be receiving multiple batches of emails with

attachments.

I have attached a letter from Ms. Savitz, dated 9/23/14 with attachments Part 1,2 and 3.

__________________________ Rose M. Prichnick Legal Secretary Lawyer Regulation THE FLORIDA BAR 1000 Legion Place, Suite 1625 Orlando, Florida 32801-1050

Phone: 407-425-5424, Ext. 4426 Fax: 407-841-5403 Email: [email protected] Web: http://www.floridabar.org

Please note: Florida has very broad public records laws. Many written communications to or from The Florida Barregarding Bar business may be considered public records, which must be made available to anyone upon

request. Your e-mail communications may therefore be subject to public disclosure.

Gillespie Response and Records Request to Ms Savitz Bar Counsel May-08-2015

Documents

Transcript of Gillespie Response and Records Request to Ms Savitz Bar Counsel May-08-2015