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CASTAGIlOOIO lAV(:$IiOop, P. A. . 801 West Bay Drive (727) 712-3333 ,Suite 301' " Larg'o, FL 33710 August 30, 2012 T.heodore P. Littlewood" Jr., Bar Counsel Attorney Consumer Assistance Program THE FLORIDA BAR ' 651 East Jefferson S,treet Tallahassee, 32399-2300 RE: Complaint by Nell J. Gillespie T.he Florida Bar File No. (6D) Dear Mr. Ljttlewood: This .is my response to the nonsensical complaint filed against me by my former Neil J. Gillespie. c Gillespie is "on the go.vemment perhaps wrongfully (more about this later in this ,letter). He has all of his waking hours to file complaints. I do Tf1erefore, I will express my chiefly in terms of my exhibits, which are all self-exp.lanatory, with pertinent parts underlined on each. 'as follows: , .. EXHIBIT A: On or about August 11, 2012, Gillespie filed this Florida Bat complaint against me. In complr;lint,. he expresses his with the legal provided to h,im whUe., at a dep'osition which took place' on June 21, .2011, nearly 14 full months' previously III ! But if you examine the as "Exhibit A;8 which sent to me by Gillespie! at 6:33 PM on June 21, 2011, you will see just how unhappy Gillespie was on the evening! of the deposition. ' '. . ! EXHIBIT B: sent me the e-mail marked as "Exhibit B" on 22, 2011 (the day fOllOWing! ttie deposition). In It, he thanked me again for my efforts, not just once, but twice. Also; In this e-mail are his promises to provide with additional compensation for services already rendered. In hindsight, I now realize that Gillespie never intended to pay me any! additional money; he merely the promise of more money to keep me answeriri'g his; Incessant, inane telephonecalls. This:e-l't:Iaii also contains the words U[s]e.eyou July 1st, II i and upS. I plan to honor our fin.ancial JUly 1," two explicit references to his 1. promises to come to my office on July 1, 2011 to pay me additio'nal monies. WhY.l would an unhappy thank me for my efforts and agree' to pay me additions'l fees? : EXHIBIT C:' In or around 2011, Gillespie sent,rne·s gift-wrapped.CD, with Y$t another "thank you·i in the form of a hand-written note. 'His is demon-strafed, by his URL withl ·the words ·YouSue.org-. [I have no Idea what the CD is, to this day I haven't opened ! EXHIBIT D: Again, in'or around July 2011, Gillespie sent me another present, this time. a gift-wrapped; .book. With the book came another hand-wriUen 'hanks again" and "token ofl appreciatiQn" note. ! Page 1 (pf 3)

Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

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In his response dated August 30, 2012, Mr. Castagliuolo does not appear to deny any of the specific accusations in my Bar complaint. Therefore I request the Bar treat his failure to deny as admissions. Quite frankly, Mr. Castagliuolo’s response looks like the unhinged ranting of a lunatic. It does not appear that he can assist himself, let alone clients. If another attorney had submitted that response on behalf of Mr. Castagliuolo, I’m pretty sure it would be malpractice. Mr. Castagliuolo’s response shows extreme prejudice toward my disabilities. Castagliuolo does not dispute the fact that he failed to see that reasonable disability accommodations were in place, such as taking a lunch break, monitoring my vital signs, and monitoring diabetes blood sugar. Mr. Castagliuolo’s response of August 30, 2012 makes a number of gratuitous personal insults and false accusations against me related to disability. I deny Mr. Castagliuolo’s assertions, and suggest this is further evidence of misconduct. According to his August 30, 2012 response, Mr. Castagliuolo’s false accusations go beyond the scope of this Bar inquiry. Castagliuolo indicated that he sent a copy of his Bar response to the Office of the Inspector General, Social Security Disability Administration. Social Security disability is my only source of income, and Mr. Castagliuolo is wrongfully attempting to interfere with my benefits through the Bar complaint process. In my view Castagliuolo’s conduct is a violation of Bar Rule 4-8.4(d) "A lawyer shall not engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants…on any basis, including, but not limited to… disability….". In evaluating my disability and ability to work, consider what U.S. District Judge Wm. Terrell Hodges wrote about my Complaint in 5:10-cv-503, in Order of Dismissal (Doc. 64) Feb-27-12: The Plaintiff, proceeding pro se, has filed a Complaint...consists of 39 pages of rambling, largely incomprehensible allegations and fails to set forth "a short and plain statement of the claim showing that the pleader is entitled to relief," as required by Fed. R. Civ. P. 8(a)(2).... Plaintiff has not alleged any intelligible facts that would support a finding of the existence of federal question jurisdiction. (relevant portion)Also, the Supreme Court of Florida denied/dismissed my petition in case SC11-1622 by Order March 12, 2012, and held (relevant portion) "To the extent the petitioner seeks any additional relief, the petition is dismissed as facially insufficient." I basically agreed in my Conclusion, 71:This inadequate, flawed petition is the best I can do today under the burden of mental illness and disability. If I had another couple weeks this petition could be improved. It took a long time for me to figure out a strategy. In a whale of a case like this I spent considerable time thinking about how to take the first bite. (relevant portion) One problem that cause so much delay was my depression over Mr. Castagliuolo’s betrayal, and how to present his betrayal to the Court. I finally decided and made January 6, 2012 an affidavit of Mr. Castagliuolo’s representation which consolidated an enormous amount of evidence into a usable document. After the Court’s decision on March 12, 2012, I moved for reconsideration March 19, 2012 on a single issue, to rescind the walk-away settlement, citing Mr. Rodems improper representation of his law firm and law partner against me, a former client in a "substantially related" matter, with five pages of evidence, case law and Bar Rules showing that Rodems should have been disqualified as counsel April 25, 2006. On March 22, 2012 I filed an addendum to include things forgotten in my motion for reconsideration. All this shows that my disability affects my ability to work, and impeaches Mr. Castagliuolo’

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Page 1: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

CASTAGIlOOIO lAV($IiOop P A 801 West Bay Drive (727) 712-3333 Suite 301 Largo FL 33710

August 30 2012

Theodore P Littlewood Jr Bar Counsel Attorney Consumer Assistance Program THE FLORIDA BAR 651 East Jefferson Street Tallahassee F~ 32399-2300

RE Complaint by Nell J Gillespie The Florida Bar File No 2013-10~162 (6D)

Dear Mr Ljttlewood

This is my response to the nonsensical complaint filed against me by my former middotcli~nt Neil J Gillespie c

Gillespie is on the govemment dole~middot perhaps wrongfully (more about this later in this letter) He has all of his waking hours to file complaints I do n~t Tf1erefore I will express my re~pohse chiefly in terms of my exhibits which are all self-explanatory with pertinent parts underlined on each as follows

~~~

EXHIBIT A On or about August 11 2012 Gillespie filed this Florida Bat complaint against me In ~is complrlint he expresses his ~dissatisfaction with the legal ~ounsel1 provided to him whUe at a deposition which took place on June 21 2011 nearly 14 full monthspreviously III But if you examine the e-mail~arkedas Exhibit A8 which wa~ sent to me by Gillespie at 633 PM on June 21 2011 you will see just how unhappy Gillespie was on the evening of the deposition

EXHIBIT B ~iIIeSPie sent me the e-mail marked as Exhibit B on Ju~e 22 2011 (the day fOllOWing ttie deposition) In It he thanked me again for my efforts not just once but twice Also In this e-mail are his promises to provide m~ with additional compensation for services 1middot

already rendered In hindsight I now realize that Gillespie never intended to pay me any additional money he merely us~d the promise of more money to keep me answeririg his Incessant inane telephone calls Thise-ltIaii also contains the words U[s]eeyou July 1stII i and upS I plan to honor our financial ag~eemerit JUly 1 two explicit references to his 1

promises to come to my office on July 1 2011 to pay me additional monies ~ WhYl would an unhappy ~lient thank me for my efforts and agree to pay me additionsl fees

EXHIBIT C In or around ~uly 2011 Gillespie sentrnemiddots gift-wrappedCD with Y$t another thank youmiddoti in the form of a hand-written note His IitigiQusmiddotmiddotnat~r~ is demon-strafed by his URL withl middotthe words middotYouSueorg- [I have no Idea what the CD is to this day I havent opened ~]i

EXHIBIT D Again inor around July 2011 Gillespie sent me another present this time a gift-wrapped book With the book came another hand-wriUen hanks again and token ofl appreciatiQn note

Page 1(pf 3) I~

middot

EXHIBIT E Exhibit IE provides the precise reason for Gillespie filing this grievance against m~ 1 ~ent the a-mail marked as Exhibit E- to Gillespie on July 25 2012 I samiddotntmiddotit immediately after learning that Gillespie had recordedand published a private telephone discussi~n between me and him on June 14 2011 Before this July 25th e-mail the last previous e-mail I sent to Gillespie was dated August 12 2011 his last correspondence ~o me was dated August 4 2011 Clearly Gillespies Florida Barcomplalnt against me is motl~atedsolely by this July 2~ fHIiall~ In which I reveal that Ive caught him with hls hand In t~e cookie arof Floridas wiretap statu_ For some obscure reason Gillespie is fanatical about recording telephone conversations and knowing this I was always quite clear to him that I did not bonae tobe r corded under an circumstances

EXHIBIT F This is th~ actual first page of the itranspript which Gillespie illegally recorded and published This document illustr~tes how a liar can get tripped up in his own machinations GillesectlJie placed this teephone call to ME J did not call HIM III I answered his call to me by stating my ~ame which ismy habit So whywould Gillespies autom~~ed answering machine kick 0n And even if it ~id why W9uld I keep speaking as if I didnt hear the warning which Imiddot~ad told him I find unacceptable and repugnant Michael ~ Borseth the transcriptionistcollrt reporter who transcribed the telephone conversa~ion advised me that Gillespie had instructed him to place this mini-Miranda of sorts at the start of ~ach transcript without regard to whether It was a~tually part of the recording [I hav~ demand~d that Gillespie provide me with the audio from that telephone conversation but of course as could be expected he has not provided me with that smoking gun-]

EXHIBIT G Two years ago this month attorney Robert W Bauer was Gillespies target as I am now HIS complaint response letter which I found on Gillespies ridiculous website is t~lIlng and speaks for itself What Gillespie did to this p09r guy should be a cautionary mustshyread ~or all lawyers

Mr Littlewood Gillespie Is wellmiddot known to your Office as a complainant- Indeed he IS a professional complainant who gives new meaning to the phrase middotuseless human beingmiddot His modus operandi is to ingratiate himself to abusy hard-working kind-hearted lawyer (Ii~eme or Mr Bauer and probably others I dont knowabout) He does so by representing himself as a poorl downtrod~en misunderstood mistreated disabled handicapped victim Then after th~ lawyer works for himmiddot f~r virtually pennies p~rhourmiddot Mr Gillespie rewards that ~ffo~ bYfilingmiddot a lawsuit or a middotargrievancemiddot against that lawyer

It is my humble opinion that Gillespie Is anything but a victim but rathe~ he is a human parasite con man bully consummate actor and pathological liar He actiJaily believes the nonsense he says and writesmiddot H~s entire reason for being is to middotwork the system by using his -invisible disamiddotbilities~middot to his strategic advantage Forget about caring for middota spouse significant other children andor famUy Evi~ently his life hasnone of these dist~actlons so as long as he has a computer the internet a printer and a telephone voice recorder Gillespie willbe out there creating strife and havocmiddot

Whafs sad isth(ithe can~t even claim middotto be successful at working the system to his advantage He seemingly has gaine~ nothing by his efforts other than the perverted sadistic joy he clearty reoeives by causing (or trying to c~use) mise~ andall sorts of problems for judges and lawye~s It is my personal opinion that he is not (Jisabled at all for if he had thecognitive and neurological deficits heclaims to have he would beincapable of generating the reams and reams and reams of paper whictl he spews out in the form of endless motions complaints exhibits etc Gillespie hascast himself a~ ~ profe~sional victim and has turned hispseudo-victim status into an art form If he put as much effort Into a job as hehas into filing lawsuits and complaints he l1ay actually serve a function in society

Page 2 (of 3)

In whatever spare time I have I intend to appeal to the government agency respol1slble for using my tax dollars to support Gillespie My question to them will be How can GiUesple be handicappedshyor cdisabled and unable to hold a job yet at the same time be perfectly capable of typing at his computer for what must be 15 to 20 hours per day 7 days per week Take a look at what hes produced MrMslnsp~ctor General of the Social Security Administration and t~1I me Is this thework of a handi~apped dis~led individual Or have you been duped Perhaps its iime to audit Gillespies

_ case

My opposing counsel at Gillespies deposition was RyanChristopher Gehris Rodems Chris once remarked to me unsolicited that he would be happy to speak to The Florida Bar on my behalf if Gillespie grieved me the way he did Bob Bauer Evidently Mr Rodems knew Gillespie better than I did and he expected Gillespie to grieve me I will copy Chris on this letter just in case you may wish to speak to him about my attitude demeanor preparation and performance at the deposition held on June 21 2011

Mr Littlewood IfGillespie hada legitimate camps about the services I D~ovlded to hI in June 2011 why did it ta~e hi~ spme 13middot14 months to middotflle this grle~ance I think your investigation Willreveal that Gillespies complaint much like Gillespie himself is completely devoid of merit ~illespie filed this concocted grievance merely as a middotpreemptive strike in anticipation of my lawsuit against him for his flagrant violation of Floridas Wiretapping statute It shoud be noted that Florida Statute 93427(3) states in pertinent part Min no case shall a plaintiffentitled to recover be Bwardedess than $1000 n Gillespies probably reCorded many many other innocent victims Who were without knowledge that they were being recorded and so his potential liability is substantial

UmiddotNDER PENALTIES OF PERJURY I DECLARE THAT THE FOREGOING FACTS ARE TRUE CORRECT AND COMPLETE

Very truly yours

EUGENE P CASTAGLIUOLO

Enclosures

cc Gillespie (by email) Robert W Bauer Esquire (bye-mail) Ryan qhristop~er Rodems Esquire (by middote-mail)

lttrice of the ~nspector ~ene~al Social Security Di~ability Administra~ion (~Y regular ~ SMail)

Page 3 (of 3)

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From Neil Gillespie (neilgillespieOmfi~et) _ lfl --_ _ ~ -~ - y _ _ bull - _---- --- - - _ ~

To attomeyepcyahoocom --___ --_ _-------_ _~_-- _ - _ _-_ ---__--___ _~_ _~__ _ ~

Date Tuesday June 21 2011 633 PM t N t _~ __bullbull_ _ _ _ 0 ~ _ _ bullbullbull__ __ ~___ _ bull__bull __ _ _ middot_M ____ p _

Eugene

Just want to thankYou for xour effOrts on my behalf I~reciate what you did today But before I got home I regretted making the settlement I now my appeal could have succeeded Is there any way to overturn this settlement I believe my decision was poor and made ~nder

duress~ middotdont blame you bull rmiddot ~

I had good claims in this case a~d Rodems turned the case into a triJrand-trap model to rack up attomey~s fees It seems like 75 of this case was Rodems obtaining and collecting fees I should have moved out of state and worked on the appeal and returned when the appellate court ruled

Neil Gillespie

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EXHIBIT L

Print Page 1 of 3

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Subject Re Motion Tomiddot Set Aside ~~__ r-_------------

~rom~ Neil Gillespie (neilgillespiemfinet)---------___-------_------__------__--shyTo attom~yePcyahoocom

middot--- u l ___~

Date Wednesday June22 2011 312PM ~_ _ __---_ - __~ _--_- ____~ ___ ___bull_ _ _--__------_ -_- __------- -_______ _ -___ _ _--bull_---_bull__

EXHIBITpound Eugene

Hope youwatch the Qyo with Dr~ Huffers interview It will explain what I experience in court As yoU phrased it yes~erday sometimes I think to hard That is actually hyp~r-vigilance a ~ymptom of PTSD Mr Rodems has used mydisability to his advantage in this case

Attached i~ a draft copyof my Motion To Set Aside Settlement Agreement Notice Of DismissalWith PrejiJdi~e 2dDCA and Joint Stipulation For Dismissal With prejUdice 13th

Circuit Gillespie Under Duress And In Custody of HOSO Have you no~ified Mr Rodems of my intention to challenge the settlement and dismissal Otherwise Ill just fax him a copy of the draft so he is on notice

The clerks Qocket still does not show your notice of appearance It may be misfiled with the Motion to aUash Writ of Bodily Attachment Of Judge Arnold m~y have withheld it from the record to relieve you of further respon~ibility I dont see that as a problem since I cant cQntinue ~o pay attorneys fees anyw~y even your very reasonable fees

I

One area where I need a referral to advise on forming a legalentity for my Justice Network and how to manage domain names Any suggestions

TharJsyou fQLmYr efforts on my behalf I believe you approached this camiddotse as hormal counsel ---w-o~ulOnave 6iJfMr Rodemsmiddot posture negates a normarapproach You wrote triat you hav~ nomiddot

plaD~ to reVisit my casesituation until July 5 or thereafter thats fine I cant pay additional attorneys fees anyway_ I will attempt to obtain pro bono counsel and follow-up on some earlier leads

~

I planto send a copy of tl)9 attached draft motion to Major James Livingston Commander of the Court Operations Division I believe you met him yesterday Maj livingston al~o h~s a law degree and wr~te me ~ I~tter impeaching part of J~dge Cooks order tha~ s~t the writ Qf bmiddotodily middotattachment proces~ in moion Yesterday1 providedLivir1gston a copy ofRodem~ hea~y tiamiddotnd~ ~rnail to read SQ Livingston is on notice about the ethicalissuesof placing a Civil Iitigant in custody of the HCso to compel a settlement and dismissaL

I als~ want to know from Maj livingston why the arrest order for me is still activ~ on th~ HCSO website

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Thanksmiddotagain aQpreciate your efforts in this very difficult case See you July 1st lt Sincerely

Neil Gillespie

---- Original Message - shy e_ ___ ~ FromEugene P Castaglfuolo Esq To Neif Gillespie Sent Wednesday June 22 2011 1057 AM EXHIBIT LSUbJ~ct Re Motion To Set Aside

Thank you very much for the book and CDs

Due to other professional and personal obligations Imiddothave no plans to revisit your casesituation until July 5 or thereafter

I shall look forward to your visit on Friday July 1 before 1 PM (and preferably around noon)to pay me my fee(s)

I STRONGLY suggest you stand down and take some days to contemplate your actions

Eugene

wwwCbullbulltaglluoloLIIWGroupcom wwwFlllnIlSankruptcylnTampacom

Eugene P Castagliuolo Esquire CASTAGLIUOLO LAW GROUP P A 2151 HcNulleq BoothRoad Clerwafer Florida 33759

(727) 712-3333 i

Castaglluolo Lew Group is a debt relief agency helping people to file for bankruptcy relief under United States Oode(11 USC sectsect 101-1330)

CONFIDENTIALITY This a-mati message (and any associated flies) from Castaglluolo Law Group P A fs for the sole use of the Intended reclplehlotreciplents and may contain confl~enttal8nd privileged information Any unauthorized review use dlsdosure distribution or other dtssemination of this e-mail message andor the tnforlTation contained therein is strictly prohibited If Ytu are not the intended recipient of this e-rnail messa~e please contact the sender by reply email or by telephone at (727) 712-3333 and destroy all copies of th~ original message

-- On rue 62111 Nell Gillespis ltneilgillespiemfinetgt wrote I bull

Frpm Neil Gillespieltneilgillespiemfinetgt Su~ject Motion To Set Aside To Eugene P Castagliu~lo Esq ltattorneyepcyahoocomgt Dat~ Tuesd~y June 21 2011 930 PMmiddot

Eugene I~m preparing a Motionfo Set Aside Settlement AgreementNotice OfDismissJil With Prejtdice 2dDCA and Joint Stipulation For Dismissal WithPrejud~ce Gillespie Under Duress ofInc8Jceration I dont expect you to be involved with this but please notify Mr Rodems ASAP I plan to have the motion ready by tomorrow morning I didnt sleep last night and was exhaus~ed at tIle deposition thats probably why I started

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middotf- making mistakes Not to mention Rodems yelling and threats and the fact that I was actually in custody of the I-ICSO when I agreed to the above Seems to me that was very poor form But the fmal straw was Rodems reference to my deceased Mother This h~ been one of Rodems talking points for a year and a half As you observed I was ready for Rodems with a rebuttal although it was mcomplete Rodems takes one inartful line from my pleadings and exaggeratesand repeats it The amount ofeffort to combat Rodems misrepresentations is enormous I am sorry for any inconvenience this may cause you Sincerely Neil Gillespie PS -I plan to honor our financial agreement July 1 EXHIBIT ampshy

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Subject Floridas Wiretapping Laws

From Eu~ene P Oast~~r~uolo Esq (attorneyepcyahoocom) bullbullbull bullbull_ bull _ ~W ~bullbull ~ _-- w _ _ -- -~

To neilgillespemfinet

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Date Wednesday July 25 ~012 305 PM bullbull T-fbullbull U bull tIP bullbull middot _ ~ff~ _ ___~ _ _ __ _

I have learned from Court Reporter Michael Borseth and other sources that you wrongfully recorded and publisheq dialogue from a telephone conversation we had on June 14 2011 even though you had explicit instructions from me that my words were not to be recorded The business use exemptimiddoton that you claim is nonsense The only business you have is in your own mind Sec9ndly you pursuaded or coerced Mr Borseth to include verbiage at the beginning of the transcript which was ~ spoken by neither you nor me

I am hereby demanding a copy ofthe audio from the aforementioned telephonemiddot conversation I

I am also demanding that you removethe transcript of our telephone conversation from your ri(ficulous website Lastly I ani demanding that you notify the Courts where you have filed this ille~ally recorded telephone conversation or I most certainly will

Be advisedmiddot that Florida Statute Ch~pter 934 allows for monetary damages punitive damages an~ attorneys fees And Im sure that Im not the only person youve wrongfully recorded

You have ten (10) days from today to deliver the aforementioned audio to my office in Largo Dont even think of telling me you that you no longer possess the audio because we both know that you do as you ~ave nothing betterto do day in and day out but to pursue your ItJdicrous ridiculous lawsuits

In the event you f~iI to meet my demand(s) as expressed above I plan to sue you for violating Floridas Security 01 Communications Act Mr Borseth mayor may not be a co-defendant for wrongfully transcribing words that were not uttered by me or by you and including same in the transcr~pt so that the unsuspecting reader would think those words were part of the proceeding when they most certainly were not

Youv~ b~en warned My lawsuit is drafted and ready to go Your move

Eugene p CastagU~910

Eugene~ Caslaglluolo EsqUire CASTAGLIUOLO LAW GROUP P A 801 west Bay Orive Suite 301 Largo ~lorid8 ~3770

(727) 712~333

CONFIDENTIALITY This e-nlan message (and any sssoaated flr~s) from Castaglfuolo taw Group P A Is for the sale use Of the intended reciplenl or recipients an~ nay contaln c0f1f1dentf~1 and privileged ~nformetfon Any unauth~rtzed review use disclosure distribution or other dissemination of this e-m~1I mmiddotessageandlor thelnformaUon contaned therein Is strictly prohIbited Ifyou are not the Intended recipient of this e-mail message plea88 contact the sender by reply email or by telephone at (727) 712-3333 and destroy an copies of the original message

EXHIBIT -E httpusmg3middotmailyahoocomne9launchrand884687546qambq8kfc9~j 8202012

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Robert W Bauer P-A 2815 NW 13th Streett Suitemiddot2pOE GainE$Yille FL 32609

wwwba~er1ega1com

Robert ~ Bauer Esq DavidM Sama Esq

Phone Fax

(352)3755960 (352)3312518

August 18 2010

William Gautier Kitchen Th~ floridaBar 651 East Jetrerson Street Tallahassee F~ 32399-2300

Re N~I Qillespie The Florida Bar File No 2011-00073 (8B)

Mr Kitchen -

~]eampSe aC9ept this letter-as my response to your letter of July 30 2010 in accordance with Rule 4~-84(g) ~Ules Regulating the Florida Bar I ~ also enclosing a completed disclosure form mandatetJ by Rule 3-7 1(g) middot

Prior to my response to the allegations contained in Mr Gillespies complaint fonn it is important that I provide The Florida Bar with a summary ofthe events leading up to my representation oCMr Gillespie that resulted in his ~Iing ofthis complaint

I SUMMARY of EVENTS PRIOR TO REPRESENTATION OF MR GILLESPIE I

Prior ~o this lawsuit Mr Gillespie was the plaintiffin a suit against Amscot Cash Advance After losing in lower court Mr Giliespie appealed the ruling on grounds arising out of the Fair Debt Collection Practices Act It appears from the record that the Defendants were not confident tluit they would win on appeal and agreed to pay each ofthe three plaintiffs $200Q

as well as to pay $50000 in attorneys fees Sometime after the cJose ofthis matter Mr Gillesple detennined th~~ ~e I~w finn representing him in his action against Amscot breached their fee agreement with him

-Mr~ Gillespie initiated a laws~it against Barker Rodems amp Cook PA (BRC) in August opound200S and was proceeding with h~s claims pro see Mr Gillespie alleged that BRC breached ~eir contingency fee contract with him by retaining a greater percentage of the proceeds middotfrom a se~tlement than they were entitled to Contemporaneous with filing his claims against eRe Mr Gillespie PUblished a letter to Ii representatlvlt ofAmscot the defendant in the underlying lawsuit maIP~g allegaUons of fraud and wrongdoing on the part ofBRC and one of its partilers Based on this letter BRC and the partner named in the letter filed a ~unterclaim

ag~t Mr Gillespi~ alleging libel

Despite ha~g claims against ~ Mr Gillespi- ~hose to proceed with be case po see Mr GilleSpie was without the requisite ~owledge or skill required to litigate ~~scaset but chose _~

EXHIBliT _amp-11

A~gust 18 2010 Page 2 0(10 LetiertomiddotMr Kitchen

to contin1i~ anyway This had disastrous results and when I met with him in early 2007 Mr Gillespiehad

(a) Been ordered to comply with a discovery request and to pay the Defendants fees and costs related to his continuous non-compliance

(b) A motion for Section 57105 Florida Statute sanctions filed against him but qad chosen to permit the frivolous claims to remain in place f~r eight months ~fterbeing served with the motion before choosing to voluntarily dismiss them

(0) Voluntarily dismissed his claims againstBRC without prejudice while counterclaims were still pending against him However because the statlte of liniitations period had tolled the effect waS that the counts were dismissed

With prejudice and (d) Filed motions to disqualify two ju~g~ who were formerly assign~ to the ~e Both motions were denied ~u~ the judges subsequently recused

themselves on their own motions

As is evident from the foregOing Mr Gillespi~ was in a precarious situation when he approached me about representing him Initiaily I agreed to review the transcripts and pleadings tluithad been filed in the cascent up to that point~ and to advise him as to how he should proceed with the c~e In reviewing the file it beCame evident that from the incep~on ofthe case Mr Oillespiehad difficulties underst~ding and complying with the Rules ofCi~ Procedure ~r

Gillespie was inlplored by the court to secure representation and the r~rd showed that he had great difficentu1ty in doing so Furthennore in April 012007 Mr Gillespie no longer had any claim~ pending against BRC and there was no legitimate basis fo~ 8 recoveryon which a contingency fee ~greement could be based Mr Gillespie represented to me howev~r that due to the pendi~g claims against middothim for libel and the pending motion for sanctions he Wished to be represented by counsel on an h9urly fee basis Mr Gillespie also requested me to ifpossible reinstate his claims against BRC I foUnd this to be cqDsistent with his representations to the C9urt durihg the February S 2007 hearing (transcript available upon requ~st) immediately proceeding my initial consultation with him

On AprilS 2()07 I senta letter tomiddotMr Gillespie advising hilll ofhis options in the pending action ag8in~tBRC In this letter I advisedmiddothim that there was already an order against him awarding entitl~ent to attorneys feesmiddot to BRC and that it was likely that he would be ordered to pay furthermiddotatt~meysfees pursuant to the motion ~or section 57105 sanctiQns However I advisedMr~Gillespie that I had negotiateda ccwalkway settlementmiddot~th B~C and in consideration for botltsides relinquishing their cl~s BRCwould not pursuemiddottl1e attomeys~ fees that they were entitled Because Mr Gillespie had already dismissed his claims I felt that I h~d negoti~ted an a~ment that was very advantageous to Mr Gillespie However Mr Gillespie did not -agree1JS he advised m~ that he did not wish to settle this ~ction in the way that I had proposed and request~ that I CQntinue preparing for the case A copy of thi~ letter is attachedas Exhibit A

At this poin~ 1 agr~ed to represent Mr~ Oillesp~e ~ th~s matter and negoqted ~ fe~ a~eilt middotwith him wh~ein he agreed to an hourlY billing rate This fee agr~entwas

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

I bull 1

August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 2: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

middot

EXHIBIT E Exhibit IE provides the precise reason for Gillespie filing this grievance against m~ 1 ~ent the a-mail marked as Exhibit E- to Gillespie on July 25 2012 I samiddotntmiddotit immediately after learning that Gillespie had recordedand published a private telephone discussi~n between me and him on June 14 2011 Before this July 25th e-mail the last previous e-mail I sent to Gillespie was dated August 12 2011 his last correspondence ~o me was dated August 4 2011 Clearly Gillespies Florida Barcomplalnt against me is motl~atedsolely by this July 2~ fHIiall~ In which I reveal that Ive caught him with hls hand In t~e cookie arof Floridas wiretap statu_ For some obscure reason Gillespie is fanatical about recording telephone conversations and knowing this I was always quite clear to him that I did not bonae tobe r corded under an circumstances

EXHIBIT F This is th~ actual first page of the itranspript which Gillespie illegally recorded and published This document illustr~tes how a liar can get tripped up in his own machinations GillesectlJie placed this teephone call to ME J did not call HIM III I answered his call to me by stating my ~ame which ismy habit So whywould Gillespies autom~~ed answering machine kick 0n And even if it ~id why W9uld I keep speaking as if I didnt hear the warning which Imiddot~ad told him I find unacceptable and repugnant Michael ~ Borseth the transcriptionistcollrt reporter who transcribed the telephone conversa~ion advised me that Gillespie had instructed him to place this mini-Miranda of sorts at the start of ~ach transcript without regard to whether It was a~tually part of the recording [I hav~ demand~d that Gillespie provide me with the audio from that telephone conversation but of course as could be expected he has not provided me with that smoking gun-]

EXHIBIT G Two years ago this month attorney Robert W Bauer was Gillespies target as I am now HIS complaint response letter which I found on Gillespies ridiculous website is t~lIlng and speaks for itself What Gillespie did to this p09r guy should be a cautionary mustshyread ~or all lawyers

Mr Littlewood Gillespie Is wellmiddot known to your Office as a complainant- Indeed he IS a professional complainant who gives new meaning to the phrase middotuseless human beingmiddot His modus operandi is to ingratiate himself to abusy hard-working kind-hearted lawyer (Ii~eme or Mr Bauer and probably others I dont knowabout) He does so by representing himself as a poorl downtrod~en misunderstood mistreated disabled handicapped victim Then after th~ lawyer works for himmiddot f~r virtually pennies p~rhourmiddot Mr Gillespie rewards that ~ffo~ bYfilingmiddot a lawsuit or a middotargrievancemiddot against that lawyer

It is my humble opinion that Gillespie Is anything but a victim but rathe~ he is a human parasite con man bully consummate actor and pathological liar He actiJaily believes the nonsense he says and writesmiddot H~s entire reason for being is to middotwork the system by using his -invisible disamiddotbilities~middot to his strategic advantage Forget about caring for middota spouse significant other children andor famUy Evi~ently his life hasnone of these dist~actlons so as long as he has a computer the internet a printer and a telephone voice recorder Gillespie willbe out there creating strife and havocmiddot

Whafs sad isth(ithe can~t even claim middotto be successful at working the system to his advantage He seemingly has gaine~ nothing by his efforts other than the perverted sadistic joy he clearty reoeives by causing (or trying to c~use) mise~ andall sorts of problems for judges and lawye~s It is my personal opinion that he is not (Jisabled at all for if he had thecognitive and neurological deficits heclaims to have he would beincapable of generating the reams and reams and reams of paper whictl he spews out in the form of endless motions complaints exhibits etc Gillespie hascast himself a~ ~ profe~sional victim and has turned hispseudo-victim status into an art form If he put as much effort Into a job as hehas into filing lawsuits and complaints he l1ay actually serve a function in society

Page 2 (of 3)

In whatever spare time I have I intend to appeal to the government agency respol1slble for using my tax dollars to support Gillespie My question to them will be How can GiUesple be handicappedshyor cdisabled and unable to hold a job yet at the same time be perfectly capable of typing at his computer for what must be 15 to 20 hours per day 7 days per week Take a look at what hes produced MrMslnsp~ctor General of the Social Security Administration and t~1I me Is this thework of a handi~apped dis~led individual Or have you been duped Perhaps its iime to audit Gillespies

_ case

My opposing counsel at Gillespies deposition was RyanChristopher Gehris Rodems Chris once remarked to me unsolicited that he would be happy to speak to The Florida Bar on my behalf if Gillespie grieved me the way he did Bob Bauer Evidently Mr Rodems knew Gillespie better than I did and he expected Gillespie to grieve me I will copy Chris on this letter just in case you may wish to speak to him about my attitude demeanor preparation and performance at the deposition held on June 21 2011

Mr Littlewood IfGillespie hada legitimate camps about the services I D~ovlded to hI in June 2011 why did it ta~e hi~ spme 13middot14 months to middotflle this grle~ance I think your investigation Willreveal that Gillespies complaint much like Gillespie himself is completely devoid of merit ~illespie filed this concocted grievance merely as a middotpreemptive strike in anticipation of my lawsuit against him for his flagrant violation of Floridas Wiretapping statute It shoud be noted that Florida Statute 93427(3) states in pertinent part Min no case shall a plaintiffentitled to recover be Bwardedess than $1000 n Gillespies probably reCorded many many other innocent victims Who were without knowledge that they were being recorded and so his potential liability is substantial

UmiddotNDER PENALTIES OF PERJURY I DECLARE THAT THE FOREGOING FACTS ARE TRUE CORRECT AND COMPLETE

Very truly yours

EUGENE P CASTAGLIUOLO

Enclosures

cc Gillespie (by email) Robert W Bauer Esquire (bye-mail) Ryan qhristop~er Rodems Esquire (by middote-mail)

lttrice of the ~nspector ~ene~al Social Security Di~ability Administra~ion (~Y regular ~ SMail)

Page 3 (of 3)

--bullmiddotr~-middotmiddot- _ -_

From Neil Gillespie (neilgillespieOmfi~et) _ lfl --_ _ ~ -~ - y _ _ bull - _---- --- - - _ ~

To attomeyepcyahoocom --___ --_ _-------_ _~_-- _ - _ _-_ ---__--___ _~_ _~__ _ ~

Date Tuesday June 21 2011 633 PM t N t _~ __bullbull_ _ _ _ 0 ~ _ _ bullbullbull__ __ ~___ _ bull__bull __ _ _ middot_M ____ p _

Eugene

Just want to thankYou for xour effOrts on my behalf I~reciate what you did today But before I got home I regretted making the settlement I now my appeal could have succeeded Is there any way to overturn this settlement I believe my decision was poor and made ~nder

duress~ middotdont blame you bull rmiddot ~

I had good claims in this case a~d Rodems turned the case into a triJrand-trap model to rack up attomey~s fees It seems like 75 of this case was Rodems obtaining and collecting fees I should have moved out of state and worked on the appeal and returned when the appellate court ruled

Neil Gillespie

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EXHIBIT L

Print Page 1 of 3

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Subject Re Motion Tomiddot Set Aside ~~__ r-_------------

~rom~ Neil Gillespie (neilgillespiemfinet)---------___-------_------__------__--shyTo attom~yePcyahoocom

middot--- u l ___~

Date Wednesday June22 2011 312PM ~_ _ __---_ - __~ _--_- ____~ ___ ___bull_ _ _--__------_ -_- __------- -_______ _ -___ _ _--bull_---_bull__

EXHIBITpound Eugene

Hope youwatch the Qyo with Dr~ Huffers interview It will explain what I experience in court As yoU phrased it yes~erday sometimes I think to hard That is actually hyp~r-vigilance a ~ymptom of PTSD Mr Rodems has used mydisability to his advantage in this case

Attached i~ a draft copyof my Motion To Set Aside Settlement Agreement Notice Of DismissalWith PrejiJdi~e 2dDCA and Joint Stipulation For Dismissal With prejUdice 13th

Circuit Gillespie Under Duress And In Custody of HOSO Have you no~ified Mr Rodems of my intention to challenge the settlement and dismissal Otherwise Ill just fax him a copy of the draft so he is on notice

The clerks Qocket still does not show your notice of appearance It may be misfiled with the Motion to aUash Writ of Bodily Attachment Of Judge Arnold m~y have withheld it from the record to relieve you of further respon~ibility I dont see that as a problem since I cant cQntinue ~o pay attorneys fees anyw~y even your very reasonable fees

I

One area where I need a referral to advise on forming a legalentity for my Justice Network and how to manage domain names Any suggestions

TharJsyou fQLmYr efforts on my behalf I believe you approached this camiddotse as hormal counsel ---w-o~ulOnave 6iJfMr Rodemsmiddot posture negates a normarapproach You wrote triat you hav~ nomiddot

plaD~ to reVisit my casesituation until July 5 or thereafter thats fine I cant pay additional attorneys fees anyway_ I will attempt to obtain pro bono counsel and follow-up on some earlier leads

~

I planto send a copy of tl)9 attached draft motion to Major James Livingston Commander of the Court Operations Division I believe you met him yesterday Maj livingston al~o h~s a law degree and wr~te me ~ I~tter impeaching part of J~dge Cooks order tha~ s~t the writ Qf bmiddotodily middotattachment proces~ in moion Yesterday1 providedLivir1gston a copy ofRodem~ hea~y tiamiddotnd~ ~rnail to read SQ Livingston is on notice about the ethicalissuesof placing a Civil Iitigant in custody of the HCso to compel a settlement and dismissaL

I als~ want to know from Maj livingston why the arrest order for me is still activ~ on th~ HCSO website

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middotPrint Page 2 of 3

Thanksmiddotagain aQpreciate your efforts in this very difficult case See you July 1st lt Sincerely

Neil Gillespie

---- Original Message - shy e_ ___ ~ FromEugene P Castaglfuolo Esq To Neif Gillespie Sent Wednesday June 22 2011 1057 AM EXHIBIT LSUbJ~ct Re Motion To Set Aside

Thank you very much for the book and CDs

Due to other professional and personal obligations Imiddothave no plans to revisit your casesituation until July 5 or thereafter

I shall look forward to your visit on Friday July 1 before 1 PM (and preferably around noon)to pay me my fee(s)

I STRONGLY suggest you stand down and take some days to contemplate your actions

Eugene

wwwCbullbulltaglluoloLIIWGroupcom wwwFlllnIlSankruptcylnTampacom

Eugene P Castagliuolo Esquire CASTAGLIUOLO LAW GROUP P A 2151 HcNulleq BoothRoad Clerwafer Florida 33759

(727) 712-3333 i

Castaglluolo Lew Group is a debt relief agency helping people to file for bankruptcy relief under United States Oode(11 USC sectsect 101-1330)

CONFIDENTIALITY This a-mati message (and any associated flies) from Castaglluolo Law Group P A fs for the sole use of the Intended reclplehlotreciplents and may contain confl~enttal8nd privileged information Any unauthorized review use dlsdosure distribution or other dtssemination of this e-mail message andor the tnforlTation contained therein is strictly prohibited If Ytu are not the intended recipient of this e-rnail messa~e please contact the sender by reply email or by telephone at (727) 712-3333 and destroy all copies of th~ original message

-- On rue 62111 Nell Gillespis ltneilgillespiemfinetgt wrote I bull

Frpm Neil Gillespieltneilgillespiemfinetgt Su~ject Motion To Set Aside To Eugene P Castagliu~lo Esq ltattorneyepcyahoocomgt Dat~ Tuesd~y June 21 2011 930 PMmiddot

Eugene I~m preparing a Motionfo Set Aside Settlement AgreementNotice OfDismissJil With Prejtdice 2dDCA and Joint Stipulation For Dismissal WithPrejud~ce Gillespie Under Duress ofInc8Jceration I dont expect you to be involved with this but please notify Mr Rodems ASAP I plan to have the motion ready by tomorrow morning I didnt sleep last night and was exhaus~ed at tIle deposition thats probably why I started

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Print Page 3 of3

middotf- making mistakes Not to mention Rodems yelling and threats and the fact that I was actually in custody of the I-ICSO when I agreed to the above Seems to me that was very poor form But the fmal straw was Rodems reference to my deceased Mother This h~ been one of Rodems talking points for a year and a half As you observed I was ready for Rodems with a rebuttal although it was mcomplete Rodems takes one inartful line from my pleadings and exaggeratesand repeats it The amount ofeffort to combat Rodems misrepresentations is enormous I am sorry for any inconvenience this may cause you Sincerely Neil Gillespie PS -I plan to honor our financial agreement July 1 EXHIBIT ampshy

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Subject Floridas Wiretapping Laws

From Eu~ene P Oast~~r~uolo Esq (attorneyepcyahoocom) bullbullbull bullbull_ bull _ ~W ~bullbull ~ _-- w _ _ -- -~

To neilgillespemfinet

Co mjborsethverizonnet bullmiddot_middotmiddot 0 _ _h middotbull_ middotHmiddot_middot_middot _ _ middotmiddot_middot __ ___ _ _ _ __ _ _ _ ___ _ _ _ ___ __ __ __ _u___bull_ _ __ __ _

Date Wednesday July 25 ~012 305 PM bullbull T-fbullbull U bull tIP bullbull middot _ ~ff~ _ ___~ _ _ __ _

I have learned from Court Reporter Michael Borseth and other sources that you wrongfully recorded and publisheq dialogue from a telephone conversation we had on June 14 2011 even though you had explicit instructions from me that my words were not to be recorded The business use exemptimiddoton that you claim is nonsense The only business you have is in your own mind Sec9ndly you pursuaded or coerced Mr Borseth to include verbiage at the beginning of the transcript which was ~ spoken by neither you nor me

I am hereby demanding a copy ofthe audio from the aforementioned telephonemiddot conversation I

I am also demanding that you removethe transcript of our telephone conversation from your ri(ficulous website Lastly I ani demanding that you notify the Courts where you have filed this ille~ally recorded telephone conversation or I most certainly will

Be advisedmiddot that Florida Statute Ch~pter 934 allows for monetary damages punitive damages an~ attorneys fees And Im sure that Im not the only person youve wrongfully recorded

You have ten (10) days from today to deliver the aforementioned audio to my office in Largo Dont even think of telling me you that you no longer possess the audio because we both know that you do as you ~ave nothing betterto do day in and day out but to pursue your ItJdicrous ridiculous lawsuits

In the event you f~iI to meet my demand(s) as expressed above I plan to sue you for violating Floridas Security 01 Communications Act Mr Borseth mayor may not be a co-defendant for wrongfully transcribing words that were not uttered by me or by you and including same in the transcr~pt so that the unsuspecting reader would think those words were part of the proceeding when they most certainly were not

Youv~ b~en warned My lawsuit is drafted and ready to go Your move

Eugene p CastagU~910

Eugene~ Caslaglluolo EsqUire CASTAGLIUOLO LAW GROUP P A 801 west Bay Orive Suite 301 Largo ~lorid8 ~3770

(727) 712~333

CONFIDENTIALITY This e-nlan message (and any sssoaated flr~s) from Castaglfuolo taw Group P A Is for the sale use Of the intended reciplenl or recipients an~ nay contaln c0f1f1dentf~1 and privileged ~nformetfon Any unauth~rtzed review use disclosure distribution or other dissemination of this e-m~1I mmiddotessageandlor thelnformaUon contaned therein Is strictly prohIbited Ifyou are not the Intended recipient of this e-mail message plea88 contact the sender by reply email or by telephone at (727) 712-3333 and destroy an copies of the original message

EXHIBIT -E httpusmg3middotmailyahoocomne9launchrand884687546qambq8kfc9~j 8202012

I~

Robert W Bauer P-A 2815 NW 13th Streett Suitemiddot2pOE GainE$Yille FL 32609

wwwba~er1ega1com

Robert ~ Bauer Esq DavidM Sama Esq

Phone Fax

(352)3755960 (352)3312518

August 18 2010

William Gautier Kitchen Th~ floridaBar 651 East Jetrerson Street Tallahassee F~ 32399-2300

Re N~I Qillespie The Florida Bar File No 2011-00073 (8B)

Mr Kitchen -

~]eampSe aC9ept this letter-as my response to your letter of July 30 2010 in accordance with Rule 4~-84(g) ~Ules Regulating the Florida Bar I ~ also enclosing a completed disclosure form mandatetJ by Rule 3-7 1(g) middot

Prior to my response to the allegations contained in Mr Gillespies complaint fonn it is important that I provide The Florida Bar with a summary ofthe events leading up to my representation oCMr Gillespie that resulted in his ~Iing ofthis complaint

I SUMMARY of EVENTS PRIOR TO REPRESENTATION OF MR GILLESPIE I

Prior ~o this lawsuit Mr Gillespie was the plaintiffin a suit against Amscot Cash Advance After losing in lower court Mr Giliespie appealed the ruling on grounds arising out of the Fair Debt Collection Practices Act It appears from the record that the Defendants were not confident tluit they would win on appeal and agreed to pay each ofthe three plaintiffs $200Q

as well as to pay $50000 in attorneys fees Sometime after the cJose ofthis matter Mr Gillesple detennined th~~ ~e I~w finn representing him in his action against Amscot breached their fee agreement with him

-Mr~ Gillespie initiated a laws~it against Barker Rodems amp Cook PA (BRC) in August opound200S and was proceeding with h~s claims pro see Mr Gillespie alleged that BRC breached ~eir contingency fee contract with him by retaining a greater percentage of the proceeds middotfrom a se~tlement than they were entitled to Contemporaneous with filing his claims against eRe Mr Gillespie PUblished a letter to Ii representatlvlt ofAmscot the defendant in the underlying lawsuit maIP~g allegaUons of fraud and wrongdoing on the part ofBRC and one of its partilers Based on this letter BRC and the partner named in the letter filed a ~unterclaim

ag~t Mr Gillespi~ alleging libel

Despite ha~g claims against ~ Mr Gillespi- ~hose to proceed with be case po see Mr GilleSpie was without the requisite ~owledge or skill required to litigate ~~scaset but chose _~

EXHIBliT _amp-11

A~gust 18 2010 Page 2 0(10 LetiertomiddotMr Kitchen

to contin1i~ anyway This had disastrous results and when I met with him in early 2007 Mr Gillespiehad

(a) Been ordered to comply with a discovery request and to pay the Defendants fees and costs related to his continuous non-compliance

(b) A motion for Section 57105 Florida Statute sanctions filed against him but qad chosen to permit the frivolous claims to remain in place f~r eight months ~fterbeing served with the motion before choosing to voluntarily dismiss them

(0) Voluntarily dismissed his claims againstBRC without prejudice while counterclaims were still pending against him However because the statlte of liniitations period had tolled the effect waS that the counts were dismissed

With prejudice and (d) Filed motions to disqualify two ju~g~ who were formerly assign~ to the ~e Both motions were denied ~u~ the judges subsequently recused

themselves on their own motions

As is evident from the foregOing Mr Gillespi~ was in a precarious situation when he approached me about representing him Initiaily I agreed to review the transcripts and pleadings tluithad been filed in the cascent up to that point~ and to advise him as to how he should proceed with the c~e In reviewing the file it beCame evident that from the incep~on ofthe case Mr Oillespiehad difficulties underst~ding and complying with the Rules ofCi~ Procedure ~r

Gillespie was inlplored by the court to secure representation and the r~rd showed that he had great difficentu1ty in doing so Furthennore in April 012007 Mr Gillespie no longer had any claim~ pending against BRC and there was no legitimate basis fo~ 8 recoveryon which a contingency fee ~greement could be based Mr Gillespie represented to me howev~r that due to the pendi~g claims against middothim for libel and the pending motion for sanctions he Wished to be represented by counsel on an h9urly fee basis Mr Gillespie also requested me to ifpossible reinstate his claims against BRC I foUnd this to be cqDsistent with his representations to the C9urt durihg the February S 2007 hearing (transcript available upon requ~st) immediately proceeding my initial consultation with him

On AprilS 2()07 I senta letter tomiddotMr Gillespie advising hilll ofhis options in the pending action ag8in~tBRC In this letter I advisedmiddothim that there was already an order against him awarding entitl~ent to attorneys feesmiddot to BRC and that it was likely that he would be ordered to pay furthermiddotatt~meysfees pursuant to the motion ~or section 57105 sanctiQns However I advisedMr~Gillespie that I had negotiateda ccwalkway settlementmiddot~th B~C and in consideration for botltsides relinquishing their cl~s BRCwould not pursuemiddottl1e attomeys~ fees that they were entitled Because Mr Gillespie had already dismissed his claims I felt that I h~d negoti~ted an a~ment that was very advantageous to Mr Gillespie However Mr Gillespie did not -agree1JS he advised m~ that he did not wish to settle this ~ction in the way that I had proposed and request~ that I CQntinue preparing for the case A copy of thi~ letter is attachedas Exhibit A

At this poin~ 1 agr~ed to represent Mr~ Oillesp~e ~ th~s matter and negoqted ~ fe~ a~eilt middotwith him wh~ein he agreed to an hourlY billing rate This fee agr~entwas

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

I bull 1

August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 3: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

In whatever spare time I have I intend to appeal to the government agency respol1slble for using my tax dollars to support Gillespie My question to them will be How can GiUesple be handicappedshyor cdisabled and unable to hold a job yet at the same time be perfectly capable of typing at his computer for what must be 15 to 20 hours per day 7 days per week Take a look at what hes produced MrMslnsp~ctor General of the Social Security Administration and t~1I me Is this thework of a handi~apped dis~led individual Or have you been duped Perhaps its iime to audit Gillespies

_ case

My opposing counsel at Gillespies deposition was RyanChristopher Gehris Rodems Chris once remarked to me unsolicited that he would be happy to speak to The Florida Bar on my behalf if Gillespie grieved me the way he did Bob Bauer Evidently Mr Rodems knew Gillespie better than I did and he expected Gillespie to grieve me I will copy Chris on this letter just in case you may wish to speak to him about my attitude demeanor preparation and performance at the deposition held on June 21 2011

Mr Littlewood IfGillespie hada legitimate camps about the services I D~ovlded to hI in June 2011 why did it ta~e hi~ spme 13middot14 months to middotflle this grle~ance I think your investigation Willreveal that Gillespies complaint much like Gillespie himself is completely devoid of merit ~illespie filed this concocted grievance merely as a middotpreemptive strike in anticipation of my lawsuit against him for his flagrant violation of Floridas Wiretapping statute It shoud be noted that Florida Statute 93427(3) states in pertinent part Min no case shall a plaintiffentitled to recover be Bwardedess than $1000 n Gillespies probably reCorded many many other innocent victims Who were without knowledge that they were being recorded and so his potential liability is substantial

UmiddotNDER PENALTIES OF PERJURY I DECLARE THAT THE FOREGOING FACTS ARE TRUE CORRECT AND COMPLETE

Very truly yours

EUGENE P CASTAGLIUOLO

Enclosures

cc Gillespie (by email) Robert W Bauer Esquire (bye-mail) Ryan qhristop~er Rodems Esquire (by middote-mail)

lttrice of the ~nspector ~ene~al Social Security Di~ability Administra~ion (~Y regular ~ SMail)

Page 3 (of 3)

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From Neil Gillespie (neilgillespieOmfi~et) _ lfl --_ _ ~ -~ - y _ _ bull - _---- --- - - _ ~

To attomeyepcyahoocom --___ --_ _-------_ _~_-- _ - _ _-_ ---__--___ _~_ _~__ _ ~

Date Tuesday June 21 2011 633 PM t N t _~ __bullbull_ _ _ _ 0 ~ _ _ bullbullbull__ __ ~___ _ bull__bull __ _ _ middot_M ____ p _

Eugene

Just want to thankYou for xour effOrts on my behalf I~reciate what you did today But before I got home I regretted making the settlement I now my appeal could have succeeded Is there any way to overturn this settlement I believe my decision was poor and made ~nder

duress~ middotdont blame you bull rmiddot ~

I had good claims in this case a~d Rodems turned the case into a triJrand-trap model to rack up attomey~s fees It seems like 75 of this case was Rodems obtaining and collecting fees I should have moved out of state and worked on the appeal and returned when the appellate court ruled

Neil Gillespie

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Subject Re Motion Tomiddot Set Aside ~~__ r-_------------

~rom~ Neil Gillespie (neilgillespiemfinet)---------___-------_------__------__--shyTo attom~yePcyahoocom

middot--- u l ___~

Date Wednesday June22 2011 312PM ~_ _ __---_ - __~ _--_- ____~ ___ ___bull_ _ _--__------_ -_- __------- -_______ _ -___ _ _--bull_---_bull__

EXHIBITpound Eugene

Hope youwatch the Qyo with Dr~ Huffers interview It will explain what I experience in court As yoU phrased it yes~erday sometimes I think to hard That is actually hyp~r-vigilance a ~ymptom of PTSD Mr Rodems has used mydisability to his advantage in this case

Attached i~ a draft copyof my Motion To Set Aside Settlement Agreement Notice Of DismissalWith PrejiJdi~e 2dDCA and Joint Stipulation For Dismissal With prejUdice 13th

Circuit Gillespie Under Duress And In Custody of HOSO Have you no~ified Mr Rodems of my intention to challenge the settlement and dismissal Otherwise Ill just fax him a copy of the draft so he is on notice

The clerks Qocket still does not show your notice of appearance It may be misfiled with the Motion to aUash Writ of Bodily Attachment Of Judge Arnold m~y have withheld it from the record to relieve you of further respon~ibility I dont see that as a problem since I cant cQntinue ~o pay attorneys fees anyw~y even your very reasonable fees

I

One area where I need a referral to advise on forming a legalentity for my Justice Network and how to manage domain names Any suggestions

TharJsyou fQLmYr efforts on my behalf I believe you approached this camiddotse as hormal counsel ---w-o~ulOnave 6iJfMr Rodemsmiddot posture negates a normarapproach You wrote triat you hav~ nomiddot

plaD~ to reVisit my casesituation until July 5 or thereafter thats fine I cant pay additional attorneys fees anyway_ I will attempt to obtain pro bono counsel and follow-up on some earlier leads

~

I planto send a copy of tl)9 attached draft motion to Major James Livingston Commander of the Court Operations Division I believe you met him yesterday Maj livingston al~o h~s a law degree and wr~te me ~ I~tter impeaching part of J~dge Cooks order tha~ s~t the writ Qf bmiddotodily middotattachment proces~ in moion Yesterday1 providedLivir1gston a copy ofRodem~ hea~y tiamiddotnd~ ~rnail to read SQ Livingston is on notice about the ethicalissuesof placing a Civil Iitigant in custody of the HCso to compel a settlement and dismissaL

I als~ want to know from Maj livingston why the arrest order for me is still activ~ on th~ HCSO website

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Thanksmiddotagain aQpreciate your efforts in this very difficult case See you July 1st lt Sincerely

Neil Gillespie

---- Original Message - shy e_ ___ ~ FromEugene P Castaglfuolo Esq To Neif Gillespie Sent Wednesday June 22 2011 1057 AM EXHIBIT LSUbJ~ct Re Motion To Set Aside

Thank you very much for the book and CDs

Due to other professional and personal obligations Imiddothave no plans to revisit your casesituation until July 5 or thereafter

I shall look forward to your visit on Friday July 1 before 1 PM (and preferably around noon)to pay me my fee(s)

I STRONGLY suggest you stand down and take some days to contemplate your actions

Eugene

wwwCbullbulltaglluoloLIIWGroupcom wwwFlllnIlSankruptcylnTampacom

Eugene P Castagliuolo Esquire CASTAGLIUOLO LAW GROUP P A 2151 HcNulleq BoothRoad Clerwafer Florida 33759

(727) 712-3333 i

Castaglluolo Lew Group is a debt relief agency helping people to file for bankruptcy relief under United States Oode(11 USC sectsect 101-1330)

CONFIDENTIALITY This a-mati message (and any associated flies) from Castaglluolo Law Group P A fs for the sole use of the Intended reclplehlotreciplents and may contain confl~enttal8nd privileged information Any unauthorized review use dlsdosure distribution or other dtssemination of this e-mail message andor the tnforlTation contained therein is strictly prohibited If Ytu are not the intended recipient of this e-rnail messa~e please contact the sender by reply email or by telephone at (727) 712-3333 and destroy all copies of th~ original message

-- On rue 62111 Nell Gillespis ltneilgillespiemfinetgt wrote I bull

Frpm Neil Gillespieltneilgillespiemfinetgt Su~ject Motion To Set Aside To Eugene P Castagliu~lo Esq ltattorneyepcyahoocomgt Dat~ Tuesd~y June 21 2011 930 PMmiddot

Eugene I~m preparing a Motionfo Set Aside Settlement AgreementNotice OfDismissJil With Prejtdice 2dDCA and Joint Stipulation For Dismissal WithPrejud~ce Gillespie Under Duress ofInc8Jceration I dont expect you to be involved with this but please notify Mr Rodems ASAP I plan to have the motion ready by tomorrow morning I didnt sleep last night and was exhaus~ed at tIle deposition thats probably why I started

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middotf- making mistakes Not to mention Rodems yelling and threats and the fact that I was actually in custody of the I-ICSO when I agreed to the above Seems to me that was very poor form But the fmal straw was Rodems reference to my deceased Mother This h~ been one of Rodems talking points for a year and a half As you observed I was ready for Rodems with a rebuttal although it was mcomplete Rodems takes one inartful line from my pleadings and exaggeratesand repeats it The amount ofeffort to combat Rodems misrepresentations is enormous I am sorry for any inconvenience this may cause you Sincerely Neil Gillespie PS -I plan to honor our financial agreement July 1 EXHIBIT ampshy

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Subject Floridas Wiretapping Laws

From Eu~ene P Oast~~r~uolo Esq (attorneyepcyahoocom) bullbullbull bullbull_ bull _ ~W ~bullbull ~ _-- w _ _ -- -~

To neilgillespemfinet

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Date Wednesday July 25 ~012 305 PM bullbull T-fbullbull U bull tIP bullbull middot _ ~ff~ _ ___~ _ _ __ _

I have learned from Court Reporter Michael Borseth and other sources that you wrongfully recorded and publisheq dialogue from a telephone conversation we had on June 14 2011 even though you had explicit instructions from me that my words were not to be recorded The business use exemptimiddoton that you claim is nonsense The only business you have is in your own mind Sec9ndly you pursuaded or coerced Mr Borseth to include verbiage at the beginning of the transcript which was ~ spoken by neither you nor me

I am hereby demanding a copy ofthe audio from the aforementioned telephonemiddot conversation I

I am also demanding that you removethe transcript of our telephone conversation from your ri(ficulous website Lastly I ani demanding that you notify the Courts where you have filed this ille~ally recorded telephone conversation or I most certainly will

Be advisedmiddot that Florida Statute Ch~pter 934 allows for monetary damages punitive damages an~ attorneys fees And Im sure that Im not the only person youve wrongfully recorded

You have ten (10) days from today to deliver the aforementioned audio to my office in Largo Dont even think of telling me you that you no longer possess the audio because we both know that you do as you ~ave nothing betterto do day in and day out but to pursue your ItJdicrous ridiculous lawsuits

In the event you f~iI to meet my demand(s) as expressed above I plan to sue you for violating Floridas Security 01 Communications Act Mr Borseth mayor may not be a co-defendant for wrongfully transcribing words that were not uttered by me or by you and including same in the transcr~pt so that the unsuspecting reader would think those words were part of the proceeding when they most certainly were not

Youv~ b~en warned My lawsuit is drafted and ready to go Your move

Eugene p CastagU~910

Eugene~ Caslaglluolo EsqUire CASTAGLIUOLO LAW GROUP P A 801 west Bay Orive Suite 301 Largo ~lorid8 ~3770

(727) 712~333

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EXHIBIT -E httpusmg3middotmailyahoocomne9launchrand884687546qambq8kfc9~j 8202012

I~

Robert W Bauer P-A 2815 NW 13th Streett Suitemiddot2pOE GainE$Yille FL 32609

wwwba~er1ega1com

Robert ~ Bauer Esq DavidM Sama Esq

Phone Fax

(352)3755960 (352)3312518

August 18 2010

William Gautier Kitchen Th~ floridaBar 651 East Jetrerson Street Tallahassee F~ 32399-2300

Re N~I Qillespie The Florida Bar File No 2011-00073 (8B)

Mr Kitchen -

~]eampSe aC9ept this letter-as my response to your letter of July 30 2010 in accordance with Rule 4~-84(g) ~Ules Regulating the Florida Bar I ~ also enclosing a completed disclosure form mandatetJ by Rule 3-7 1(g) middot

Prior to my response to the allegations contained in Mr Gillespies complaint fonn it is important that I provide The Florida Bar with a summary ofthe events leading up to my representation oCMr Gillespie that resulted in his ~Iing ofthis complaint

I SUMMARY of EVENTS PRIOR TO REPRESENTATION OF MR GILLESPIE I

Prior ~o this lawsuit Mr Gillespie was the plaintiffin a suit against Amscot Cash Advance After losing in lower court Mr Giliespie appealed the ruling on grounds arising out of the Fair Debt Collection Practices Act It appears from the record that the Defendants were not confident tluit they would win on appeal and agreed to pay each ofthe three plaintiffs $200Q

as well as to pay $50000 in attorneys fees Sometime after the cJose ofthis matter Mr Gillesple detennined th~~ ~e I~w finn representing him in his action against Amscot breached their fee agreement with him

-Mr~ Gillespie initiated a laws~it against Barker Rodems amp Cook PA (BRC) in August opound200S and was proceeding with h~s claims pro see Mr Gillespie alleged that BRC breached ~eir contingency fee contract with him by retaining a greater percentage of the proceeds middotfrom a se~tlement than they were entitled to Contemporaneous with filing his claims against eRe Mr Gillespie PUblished a letter to Ii representatlvlt ofAmscot the defendant in the underlying lawsuit maIP~g allegaUons of fraud and wrongdoing on the part ofBRC and one of its partilers Based on this letter BRC and the partner named in the letter filed a ~unterclaim

ag~t Mr Gillespi~ alleging libel

Despite ha~g claims against ~ Mr Gillespi- ~hose to proceed with be case po see Mr GilleSpie was without the requisite ~owledge or skill required to litigate ~~scaset but chose _~

EXHIBliT _amp-11

A~gust 18 2010 Page 2 0(10 LetiertomiddotMr Kitchen

to contin1i~ anyway This had disastrous results and when I met with him in early 2007 Mr Gillespiehad

(a) Been ordered to comply with a discovery request and to pay the Defendants fees and costs related to his continuous non-compliance

(b) A motion for Section 57105 Florida Statute sanctions filed against him but qad chosen to permit the frivolous claims to remain in place f~r eight months ~fterbeing served with the motion before choosing to voluntarily dismiss them

(0) Voluntarily dismissed his claims againstBRC without prejudice while counterclaims were still pending against him However because the statlte of liniitations period had tolled the effect waS that the counts were dismissed

With prejudice and (d) Filed motions to disqualify two ju~g~ who were formerly assign~ to the ~e Both motions were denied ~u~ the judges subsequently recused

themselves on their own motions

As is evident from the foregOing Mr Gillespi~ was in a precarious situation when he approached me about representing him Initiaily I agreed to review the transcripts and pleadings tluithad been filed in the cascent up to that point~ and to advise him as to how he should proceed with the c~e In reviewing the file it beCame evident that from the incep~on ofthe case Mr Oillespiehad difficulties underst~ding and complying with the Rules ofCi~ Procedure ~r

Gillespie was inlplored by the court to secure representation and the r~rd showed that he had great difficentu1ty in doing so Furthennore in April 012007 Mr Gillespie no longer had any claim~ pending against BRC and there was no legitimate basis fo~ 8 recoveryon which a contingency fee ~greement could be based Mr Gillespie represented to me howev~r that due to the pendi~g claims against middothim for libel and the pending motion for sanctions he Wished to be represented by counsel on an h9urly fee basis Mr Gillespie also requested me to ifpossible reinstate his claims against BRC I foUnd this to be cqDsistent with his representations to the C9urt durihg the February S 2007 hearing (transcript available upon requ~st) immediately proceeding my initial consultation with him

On AprilS 2()07 I senta letter tomiddotMr Gillespie advising hilll ofhis options in the pending action ag8in~tBRC In this letter I advisedmiddothim that there was already an order against him awarding entitl~ent to attorneys feesmiddot to BRC and that it was likely that he would be ordered to pay furthermiddotatt~meysfees pursuant to the motion ~or section 57105 sanctiQns However I advisedMr~Gillespie that I had negotiateda ccwalkway settlementmiddot~th B~C and in consideration for botltsides relinquishing their cl~s BRCwould not pursuemiddottl1e attomeys~ fees that they were entitled Because Mr Gillespie had already dismissed his claims I felt that I h~d negoti~ted an a~ment that was very advantageous to Mr Gillespie However Mr Gillespie did not -agree1JS he advised m~ that he did not wish to settle this ~ction in the way that I had proposed and request~ that I CQntinue preparing for the case A copy of thi~ letter is attachedas Exhibit A

At this poin~ 1 agr~ed to represent Mr~ Oillesp~e ~ th~s matter and negoqted ~ fe~ a~eilt middotwith him wh~ein he agreed to an hourlY billing rate This fee agr~entwas

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

I bull 1

August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

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co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 4: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

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From Neil Gillespie (neilgillespieOmfi~et) _ lfl --_ _ ~ -~ - y _ _ bull - _---- --- - - _ ~

To attomeyepcyahoocom --___ --_ _-------_ _~_-- _ - _ _-_ ---__--___ _~_ _~__ _ ~

Date Tuesday June 21 2011 633 PM t N t _~ __bullbull_ _ _ _ 0 ~ _ _ bullbullbull__ __ ~___ _ bull__bull __ _ _ middot_M ____ p _

Eugene

Just want to thankYou for xour effOrts on my behalf I~reciate what you did today But before I got home I regretted making the settlement I now my appeal could have succeeded Is there any way to overturn this settlement I believe my decision was poor and made ~nder

duress~ middotdont blame you bull rmiddot ~

I had good claims in this case a~d Rodems turned the case into a triJrand-trap model to rack up attomey~s fees It seems like 75 of this case was Rodems obtaining and collecting fees I should have moved out of state and worked on the appeal and returned when the appellate court ruled

Neil Gillespie

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EXHIBIT L

Print Page 1 of 3

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Subject Re Motion Tomiddot Set Aside ~~__ r-_------------

~rom~ Neil Gillespie (neilgillespiemfinet)---------___-------_------__------__--shyTo attom~yePcyahoocom

middot--- u l ___~

Date Wednesday June22 2011 312PM ~_ _ __---_ - __~ _--_- ____~ ___ ___bull_ _ _--__------_ -_- __------- -_______ _ -___ _ _--bull_---_bull__

EXHIBITpound Eugene

Hope youwatch the Qyo with Dr~ Huffers interview It will explain what I experience in court As yoU phrased it yes~erday sometimes I think to hard That is actually hyp~r-vigilance a ~ymptom of PTSD Mr Rodems has used mydisability to his advantage in this case

Attached i~ a draft copyof my Motion To Set Aside Settlement Agreement Notice Of DismissalWith PrejiJdi~e 2dDCA and Joint Stipulation For Dismissal With prejUdice 13th

Circuit Gillespie Under Duress And In Custody of HOSO Have you no~ified Mr Rodems of my intention to challenge the settlement and dismissal Otherwise Ill just fax him a copy of the draft so he is on notice

The clerks Qocket still does not show your notice of appearance It may be misfiled with the Motion to aUash Writ of Bodily Attachment Of Judge Arnold m~y have withheld it from the record to relieve you of further respon~ibility I dont see that as a problem since I cant cQntinue ~o pay attorneys fees anyw~y even your very reasonable fees

I

One area where I need a referral to advise on forming a legalentity for my Justice Network and how to manage domain names Any suggestions

TharJsyou fQLmYr efforts on my behalf I believe you approached this camiddotse as hormal counsel ---w-o~ulOnave 6iJfMr Rodemsmiddot posture negates a normarapproach You wrote triat you hav~ nomiddot

plaD~ to reVisit my casesituation until July 5 or thereafter thats fine I cant pay additional attorneys fees anyway_ I will attempt to obtain pro bono counsel and follow-up on some earlier leads

~

I planto send a copy of tl)9 attached draft motion to Major James Livingston Commander of the Court Operations Division I believe you met him yesterday Maj livingston al~o h~s a law degree and wr~te me ~ I~tter impeaching part of J~dge Cooks order tha~ s~t the writ Qf bmiddotodily middotattachment proces~ in moion Yesterday1 providedLivir1gston a copy ofRodem~ hea~y tiamiddotnd~ ~rnail to read SQ Livingston is on notice about the ethicalissuesof placing a Civil Iitigant in custody of the HCso to compel a settlement and dismissaL

I als~ want to know from Maj livingston why the arrest order for me is still activ~ on th~ HCSO website

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middotPrint Page 2 of 3

Thanksmiddotagain aQpreciate your efforts in this very difficult case See you July 1st lt Sincerely

Neil Gillespie

---- Original Message - shy e_ ___ ~ FromEugene P Castaglfuolo Esq To Neif Gillespie Sent Wednesday June 22 2011 1057 AM EXHIBIT LSUbJ~ct Re Motion To Set Aside

Thank you very much for the book and CDs

Due to other professional and personal obligations Imiddothave no plans to revisit your casesituation until July 5 or thereafter

I shall look forward to your visit on Friday July 1 before 1 PM (and preferably around noon)to pay me my fee(s)

I STRONGLY suggest you stand down and take some days to contemplate your actions

Eugene

wwwCbullbulltaglluoloLIIWGroupcom wwwFlllnIlSankruptcylnTampacom

Eugene P Castagliuolo Esquire CASTAGLIUOLO LAW GROUP P A 2151 HcNulleq BoothRoad Clerwafer Florida 33759

(727) 712-3333 i

Castaglluolo Lew Group is a debt relief agency helping people to file for bankruptcy relief under United States Oode(11 USC sectsect 101-1330)

CONFIDENTIALITY This a-mati message (and any associated flies) from Castaglluolo Law Group P A fs for the sole use of the Intended reclplehlotreciplents and may contain confl~enttal8nd privileged information Any unauthorized review use dlsdosure distribution or other dtssemination of this e-mail message andor the tnforlTation contained therein is strictly prohibited If Ytu are not the intended recipient of this e-rnail messa~e please contact the sender by reply email or by telephone at (727) 712-3333 and destroy all copies of th~ original message

-- On rue 62111 Nell Gillespis ltneilgillespiemfinetgt wrote I bull

Frpm Neil Gillespieltneilgillespiemfinetgt Su~ject Motion To Set Aside To Eugene P Castagliu~lo Esq ltattorneyepcyahoocomgt Dat~ Tuesd~y June 21 2011 930 PMmiddot

Eugene I~m preparing a Motionfo Set Aside Settlement AgreementNotice OfDismissJil With Prejtdice 2dDCA and Joint Stipulation For Dismissal WithPrejud~ce Gillespie Under Duress ofInc8Jceration I dont expect you to be involved with this but please notify Mr Rodems ASAP I plan to have the motion ready by tomorrow morning I didnt sleep last night and was exhaus~ed at tIle deposition thats probably why I started

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middotf- making mistakes Not to mention Rodems yelling and threats and the fact that I was actually in custody of the I-ICSO when I agreed to the above Seems to me that was very poor form But the fmal straw was Rodems reference to my deceased Mother This h~ been one of Rodems talking points for a year and a half As you observed I was ready for Rodems with a rebuttal although it was mcomplete Rodems takes one inartful line from my pleadings and exaggeratesand repeats it The amount ofeffort to combat Rodems misrepresentations is enormous I am sorry for any inconvenience this may cause you Sincerely Neil Gillespie PS -I plan to honor our financial agreement July 1 EXHIBIT ampshy

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Subject Floridas Wiretapping Laws

From Eu~ene P Oast~~r~uolo Esq (attorneyepcyahoocom) bullbullbull bullbull_ bull _ ~W ~bullbull ~ _-- w _ _ -- -~

To neilgillespemfinet

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Date Wednesday July 25 ~012 305 PM bullbull T-fbullbull U bull tIP bullbull middot _ ~ff~ _ ___~ _ _ __ _

I have learned from Court Reporter Michael Borseth and other sources that you wrongfully recorded and publisheq dialogue from a telephone conversation we had on June 14 2011 even though you had explicit instructions from me that my words were not to be recorded The business use exemptimiddoton that you claim is nonsense The only business you have is in your own mind Sec9ndly you pursuaded or coerced Mr Borseth to include verbiage at the beginning of the transcript which was ~ spoken by neither you nor me

I am hereby demanding a copy ofthe audio from the aforementioned telephonemiddot conversation I

I am also demanding that you removethe transcript of our telephone conversation from your ri(ficulous website Lastly I ani demanding that you notify the Courts where you have filed this ille~ally recorded telephone conversation or I most certainly will

Be advisedmiddot that Florida Statute Ch~pter 934 allows for monetary damages punitive damages an~ attorneys fees And Im sure that Im not the only person youve wrongfully recorded

You have ten (10) days from today to deliver the aforementioned audio to my office in Largo Dont even think of telling me you that you no longer possess the audio because we both know that you do as you ~ave nothing betterto do day in and day out but to pursue your ItJdicrous ridiculous lawsuits

In the event you f~iI to meet my demand(s) as expressed above I plan to sue you for violating Floridas Security 01 Communications Act Mr Borseth mayor may not be a co-defendant for wrongfully transcribing words that were not uttered by me or by you and including same in the transcr~pt so that the unsuspecting reader would think those words were part of the proceeding when they most certainly were not

Youv~ b~en warned My lawsuit is drafted and ready to go Your move

Eugene p CastagU~910

Eugene~ Caslaglluolo EsqUire CASTAGLIUOLO LAW GROUP P A 801 west Bay Orive Suite 301 Largo ~lorid8 ~3770

(727) 712~333

CONFIDENTIALITY This e-nlan message (and any sssoaated flr~s) from Castaglfuolo taw Group P A Is for the sale use Of the intended reciplenl or recipients an~ nay contaln c0f1f1dentf~1 and privileged ~nformetfon Any unauth~rtzed review use disclosure distribution or other dissemination of this e-m~1I mmiddotessageandlor thelnformaUon contaned therein Is strictly prohIbited Ifyou are not the Intended recipient of this e-mail message plea88 contact the sender by reply email or by telephone at (727) 712-3333 and destroy an copies of the original message

EXHIBIT -E httpusmg3middotmailyahoocomne9launchrand884687546qambq8kfc9~j 8202012

I~

Robert W Bauer P-A 2815 NW 13th Streett Suitemiddot2pOE GainE$Yille FL 32609

wwwba~er1ega1com

Robert ~ Bauer Esq DavidM Sama Esq

Phone Fax

(352)3755960 (352)3312518

August 18 2010

William Gautier Kitchen Th~ floridaBar 651 East Jetrerson Street Tallahassee F~ 32399-2300

Re N~I Qillespie The Florida Bar File No 2011-00073 (8B)

Mr Kitchen -

~]eampSe aC9ept this letter-as my response to your letter of July 30 2010 in accordance with Rule 4~-84(g) ~Ules Regulating the Florida Bar I ~ also enclosing a completed disclosure form mandatetJ by Rule 3-7 1(g) middot

Prior to my response to the allegations contained in Mr Gillespies complaint fonn it is important that I provide The Florida Bar with a summary ofthe events leading up to my representation oCMr Gillespie that resulted in his ~Iing ofthis complaint

I SUMMARY of EVENTS PRIOR TO REPRESENTATION OF MR GILLESPIE I

Prior ~o this lawsuit Mr Gillespie was the plaintiffin a suit against Amscot Cash Advance After losing in lower court Mr Giliespie appealed the ruling on grounds arising out of the Fair Debt Collection Practices Act It appears from the record that the Defendants were not confident tluit they would win on appeal and agreed to pay each ofthe three plaintiffs $200Q

as well as to pay $50000 in attorneys fees Sometime after the cJose ofthis matter Mr Gillesple detennined th~~ ~e I~w finn representing him in his action against Amscot breached their fee agreement with him

-Mr~ Gillespie initiated a laws~it against Barker Rodems amp Cook PA (BRC) in August opound200S and was proceeding with h~s claims pro see Mr Gillespie alleged that BRC breached ~eir contingency fee contract with him by retaining a greater percentage of the proceeds middotfrom a se~tlement than they were entitled to Contemporaneous with filing his claims against eRe Mr Gillespie PUblished a letter to Ii representatlvlt ofAmscot the defendant in the underlying lawsuit maIP~g allegaUons of fraud and wrongdoing on the part ofBRC and one of its partilers Based on this letter BRC and the partner named in the letter filed a ~unterclaim

ag~t Mr Gillespi~ alleging libel

Despite ha~g claims against ~ Mr Gillespi- ~hose to proceed with be case po see Mr GilleSpie was without the requisite ~owledge or skill required to litigate ~~scaset but chose _~

EXHIBliT _amp-11

A~gust 18 2010 Page 2 0(10 LetiertomiddotMr Kitchen

to contin1i~ anyway This had disastrous results and when I met with him in early 2007 Mr Gillespiehad

(a) Been ordered to comply with a discovery request and to pay the Defendants fees and costs related to his continuous non-compliance

(b) A motion for Section 57105 Florida Statute sanctions filed against him but qad chosen to permit the frivolous claims to remain in place f~r eight months ~fterbeing served with the motion before choosing to voluntarily dismiss them

(0) Voluntarily dismissed his claims againstBRC without prejudice while counterclaims were still pending against him However because the statlte of liniitations period had tolled the effect waS that the counts were dismissed

With prejudice and (d) Filed motions to disqualify two ju~g~ who were formerly assign~ to the ~e Both motions were denied ~u~ the judges subsequently recused

themselves on their own motions

As is evident from the foregOing Mr Gillespi~ was in a precarious situation when he approached me about representing him Initiaily I agreed to review the transcripts and pleadings tluithad been filed in the cascent up to that point~ and to advise him as to how he should proceed with the c~e In reviewing the file it beCame evident that from the incep~on ofthe case Mr Oillespiehad difficulties underst~ding and complying with the Rules ofCi~ Procedure ~r

Gillespie was inlplored by the court to secure representation and the r~rd showed that he had great difficentu1ty in doing so Furthennore in April 012007 Mr Gillespie no longer had any claim~ pending against BRC and there was no legitimate basis fo~ 8 recoveryon which a contingency fee ~greement could be based Mr Gillespie represented to me howev~r that due to the pendi~g claims against middothim for libel and the pending motion for sanctions he Wished to be represented by counsel on an h9urly fee basis Mr Gillespie also requested me to ifpossible reinstate his claims against BRC I foUnd this to be cqDsistent with his representations to the C9urt durihg the February S 2007 hearing (transcript available upon requ~st) immediately proceeding my initial consultation with him

On AprilS 2()07 I senta letter tomiddotMr Gillespie advising hilll ofhis options in the pending action ag8in~tBRC In this letter I advisedmiddothim that there was already an order against him awarding entitl~ent to attorneys feesmiddot to BRC and that it was likely that he would be ordered to pay furthermiddotatt~meysfees pursuant to the motion ~or section 57105 sanctiQns However I advisedMr~Gillespie that I had negotiateda ccwalkway settlementmiddot~th B~C and in consideration for botltsides relinquishing their cl~s BRCwould not pursuemiddottl1e attomeys~ fees that they were entitled Because Mr Gillespie had already dismissed his claims I felt that I h~d negoti~ted an a~ment that was very advantageous to Mr Gillespie However Mr Gillespie did not -agree1JS he advised m~ that he did not wish to settle this ~ction in the way that I had proposed and request~ that I CQntinue preparing for the case A copy of thi~ letter is attachedas Exhibit A

At this poin~ 1 agr~ed to represent Mr~ Oillesp~e ~ th~s matter and negoqted ~ fe~ a~eilt middotwith him wh~ein he agreed to an hourlY billing rate This fee agr~entwas

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

I bull 1

August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

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-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 5: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

Print Page 1 of 3

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Subject Re Motion Tomiddot Set Aside ~~__ r-_------------

~rom~ Neil Gillespie (neilgillespiemfinet)---------___-------_------__------__--shyTo attom~yePcyahoocom

middot--- u l ___~

Date Wednesday June22 2011 312PM ~_ _ __---_ - __~ _--_- ____~ ___ ___bull_ _ _--__------_ -_- __------- -_______ _ -___ _ _--bull_---_bull__

EXHIBITpound Eugene

Hope youwatch the Qyo with Dr~ Huffers interview It will explain what I experience in court As yoU phrased it yes~erday sometimes I think to hard That is actually hyp~r-vigilance a ~ymptom of PTSD Mr Rodems has used mydisability to his advantage in this case

Attached i~ a draft copyof my Motion To Set Aside Settlement Agreement Notice Of DismissalWith PrejiJdi~e 2dDCA and Joint Stipulation For Dismissal With prejUdice 13th

Circuit Gillespie Under Duress And In Custody of HOSO Have you no~ified Mr Rodems of my intention to challenge the settlement and dismissal Otherwise Ill just fax him a copy of the draft so he is on notice

The clerks Qocket still does not show your notice of appearance It may be misfiled with the Motion to aUash Writ of Bodily Attachment Of Judge Arnold m~y have withheld it from the record to relieve you of further respon~ibility I dont see that as a problem since I cant cQntinue ~o pay attorneys fees anyw~y even your very reasonable fees

I

One area where I need a referral to advise on forming a legalentity for my Justice Network and how to manage domain names Any suggestions

TharJsyou fQLmYr efforts on my behalf I believe you approached this camiddotse as hormal counsel ---w-o~ulOnave 6iJfMr Rodemsmiddot posture negates a normarapproach You wrote triat you hav~ nomiddot

plaD~ to reVisit my casesituation until July 5 or thereafter thats fine I cant pay additional attorneys fees anyway_ I will attempt to obtain pro bono counsel and follow-up on some earlier leads

~

I planto send a copy of tl)9 attached draft motion to Major James Livingston Commander of the Court Operations Division I believe you met him yesterday Maj livingston al~o h~s a law degree and wr~te me ~ I~tter impeaching part of J~dge Cooks order tha~ s~t the writ Qf bmiddotodily middotattachment proces~ in moion Yesterday1 providedLivir1gston a copy ofRodem~ hea~y tiamiddotnd~ ~rnail to read SQ Livingston is on notice about the ethicalissuesof placing a Civil Iitigant in custody of the HCso to compel a settlement and dismissaL

I als~ want to know from Maj livingston why the arrest order for me is still activ~ on th~ HCSO website

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middotPrint Page 2 of 3

Thanksmiddotagain aQpreciate your efforts in this very difficult case See you July 1st lt Sincerely

Neil Gillespie

---- Original Message - shy e_ ___ ~ FromEugene P Castaglfuolo Esq To Neif Gillespie Sent Wednesday June 22 2011 1057 AM EXHIBIT LSUbJ~ct Re Motion To Set Aside

Thank you very much for the book and CDs

Due to other professional and personal obligations Imiddothave no plans to revisit your casesituation until July 5 or thereafter

I shall look forward to your visit on Friday July 1 before 1 PM (and preferably around noon)to pay me my fee(s)

I STRONGLY suggest you stand down and take some days to contemplate your actions

Eugene

wwwCbullbulltaglluoloLIIWGroupcom wwwFlllnIlSankruptcylnTampacom

Eugene P Castagliuolo Esquire CASTAGLIUOLO LAW GROUP P A 2151 HcNulleq BoothRoad Clerwafer Florida 33759

(727) 712-3333 i

Castaglluolo Lew Group is a debt relief agency helping people to file for bankruptcy relief under United States Oode(11 USC sectsect 101-1330)

CONFIDENTIALITY This a-mati message (and any associated flies) from Castaglluolo Law Group P A fs for the sole use of the Intended reclplehlotreciplents and may contain confl~enttal8nd privileged information Any unauthorized review use dlsdosure distribution or other dtssemination of this e-mail message andor the tnforlTation contained therein is strictly prohibited If Ytu are not the intended recipient of this e-rnail messa~e please contact the sender by reply email or by telephone at (727) 712-3333 and destroy all copies of th~ original message

-- On rue 62111 Nell Gillespis ltneilgillespiemfinetgt wrote I bull

Frpm Neil Gillespieltneilgillespiemfinetgt Su~ject Motion To Set Aside To Eugene P Castagliu~lo Esq ltattorneyepcyahoocomgt Dat~ Tuesd~y June 21 2011 930 PMmiddot

Eugene I~m preparing a Motionfo Set Aside Settlement AgreementNotice OfDismissJil With Prejtdice 2dDCA and Joint Stipulation For Dismissal WithPrejud~ce Gillespie Under Duress ofInc8Jceration I dont expect you to be involved with this but please notify Mr Rodems ASAP I plan to have the motion ready by tomorrow morning I didnt sleep last night and was exhaus~ed at tIle deposition thats probably why I started

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middotf- making mistakes Not to mention Rodems yelling and threats and the fact that I was actually in custody of the I-ICSO when I agreed to the above Seems to me that was very poor form But the fmal straw was Rodems reference to my deceased Mother This h~ been one of Rodems talking points for a year and a half As you observed I was ready for Rodems with a rebuttal although it was mcomplete Rodems takes one inartful line from my pleadings and exaggeratesand repeats it The amount ofeffort to combat Rodems misrepresentations is enormous I am sorry for any inconvenience this may cause you Sincerely Neil Gillespie PS -I plan to honor our financial agreement July 1 EXHIBIT ampshy

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Subject Floridas Wiretapping Laws

From Eu~ene P Oast~~r~uolo Esq (attorneyepcyahoocom) bullbullbull bullbull_ bull _ ~W ~bullbull ~ _-- w _ _ -- -~

To neilgillespemfinet

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Date Wednesday July 25 ~012 305 PM bullbull T-fbullbull U bull tIP bullbull middot _ ~ff~ _ ___~ _ _ __ _

I have learned from Court Reporter Michael Borseth and other sources that you wrongfully recorded and publisheq dialogue from a telephone conversation we had on June 14 2011 even though you had explicit instructions from me that my words were not to be recorded The business use exemptimiddoton that you claim is nonsense The only business you have is in your own mind Sec9ndly you pursuaded or coerced Mr Borseth to include verbiage at the beginning of the transcript which was ~ spoken by neither you nor me

I am hereby demanding a copy ofthe audio from the aforementioned telephonemiddot conversation I

I am also demanding that you removethe transcript of our telephone conversation from your ri(ficulous website Lastly I ani demanding that you notify the Courts where you have filed this ille~ally recorded telephone conversation or I most certainly will

Be advisedmiddot that Florida Statute Ch~pter 934 allows for monetary damages punitive damages an~ attorneys fees And Im sure that Im not the only person youve wrongfully recorded

You have ten (10) days from today to deliver the aforementioned audio to my office in Largo Dont even think of telling me you that you no longer possess the audio because we both know that you do as you ~ave nothing betterto do day in and day out but to pursue your ItJdicrous ridiculous lawsuits

In the event you f~iI to meet my demand(s) as expressed above I plan to sue you for violating Floridas Security 01 Communications Act Mr Borseth mayor may not be a co-defendant for wrongfully transcribing words that were not uttered by me or by you and including same in the transcr~pt so that the unsuspecting reader would think those words were part of the proceeding when they most certainly were not

Youv~ b~en warned My lawsuit is drafted and ready to go Your move

Eugene p CastagU~910

Eugene~ Caslaglluolo EsqUire CASTAGLIUOLO LAW GROUP P A 801 west Bay Orive Suite 301 Largo ~lorid8 ~3770

(727) 712~333

CONFIDENTIALITY This e-nlan message (and any sssoaated flr~s) from Castaglfuolo taw Group P A Is for the sale use Of the intended reciplenl or recipients an~ nay contaln c0f1f1dentf~1 and privileged ~nformetfon Any unauth~rtzed review use disclosure distribution or other dissemination of this e-m~1I mmiddotessageandlor thelnformaUon contaned therein Is strictly prohIbited Ifyou are not the Intended recipient of this e-mail message plea88 contact the sender by reply email or by telephone at (727) 712-3333 and destroy an copies of the original message

EXHIBIT -E httpusmg3middotmailyahoocomne9launchrand884687546qambq8kfc9~j 8202012

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Robert W Bauer P-A 2815 NW 13th Streett Suitemiddot2pOE GainE$Yille FL 32609

wwwba~er1ega1com

Robert ~ Bauer Esq DavidM Sama Esq

Phone Fax

(352)3755960 (352)3312518

August 18 2010

William Gautier Kitchen Th~ floridaBar 651 East Jetrerson Street Tallahassee F~ 32399-2300

Re N~I Qillespie The Florida Bar File No 2011-00073 (8B)

Mr Kitchen -

~]eampSe aC9ept this letter-as my response to your letter of July 30 2010 in accordance with Rule 4~-84(g) ~Ules Regulating the Florida Bar I ~ also enclosing a completed disclosure form mandatetJ by Rule 3-7 1(g) middot

Prior to my response to the allegations contained in Mr Gillespies complaint fonn it is important that I provide The Florida Bar with a summary ofthe events leading up to my representation oCMr Gillespie that resulted in his ~Iing ofthis complaint

I SUMMARY of EVENTS PRIOR TO REPRESENTATION OF MR GILLESPIE I

Prior ~o this lawsuit Mr Gillespie was the plaintiffin a suit against Amscot Cash Advance After losing in lower court Mr Giliespie appealed the ruling on grounds arising out of the Fair Debt Collection Practices Act It appears from the record that the Defendants were not confident tluit they would win on appeal and agreed to pay each ofthe three plaintiffs $200Q

as well as to pay $50000 in attorneys fees Sometime after the cJose ofthis matter Mr Gillesple detennined th~~ ~e I~w finn representing him in his action against Amscot breached their fee agreement with him

-Mr~ Gillespie initiated a laws~it against Barker Rodems amp Cook PA (BRC) in August opound200S and was proceeding with h~s claims pro see Mr Gillespie alleged that BRC breached ~eir contingency fee contract with him by retaining a greater percentage of the proceeds middotfrom a se~tlement than they were entitled to Contemporaneous with filing his claims against eRe Mr Gillespie PUblished a letter to Ii representatlvlt ofAmscot the defendant in the underlying lawsuit maIP~g allegaUons of fraud and wrongdoing on the part ofBRC and one of its partilers Based on this letter BRC and the partner named in the letter filed a ~unterclaim

ag~t Mr Gillespi~ alleging libel

Despite ha~g claims against ~ Mr Gillespi- ~hose to proceed with be case po see Mr GilleSpie was without the requisite ~owledge or skill required to litigate ~~scaset but chose _~

EXHIBliT _amp-11

A~gust 18 2010 Page 2 0(10 LetiertomiddotMr Kitchen

to contin1i~ anyway This had disastrous results and when I met with him in early 2007 Mr Gillespiehad

(a) Been ordered to comply with a discovery request and to pay the Defendants fees and costs related to his continuous non-compliance

(b) A motion for Section 57105 Florida Statute sanctions filed against him but qad chosen to permit the frivolous claims to remain in place f~r eight months ~fterbeing served with the motion before choosing to voluntarily dismiss them

(0) Voluntarily dismissed his claims againstBRC without prejudice while counterclaims were still pending against him However because the statlte of liniitations period had tolled the effect waS that the counts were dismissed

With prejudice and (d) Filed motions to disqualify two ju~g~ who were formerly assign~ to the ~e Both motions were denied ~u~ the judges subsequently recused

themselves on their own motions

As is evident from the foregOing Mr Gillespi~ was in a precarious situation when he approached me about representing him Initiaily I agreed to review the transcripts and pleadings tluithad been filed in the cascent up to that point~ and to advise him as to how he should proceed with the c~e In reviewing the file it beCame evident that from the incep~on ofthe case Mr Oillespiehad difficulties underst~ding and complying with the Rules ofCi~ Procedure ~r

Gillespie was inlplored by the court to secure representation and the r~rd showed that he had great difficentu1ty in doing so Furthennore in April 012007 Mr Gillespie no longer had any claim~ pending against BRC and there was no legitimate basis fo~ 8 recoveryon which a contingency fee ~greement could be based Mr Gillespie represented to me howev~r that due to the pendi~g claims against middothim for libel and the pending motion for sanctions he Wished to be represented by counsel on an h9urly fee basis Mr Gillespie also requested me to ifpossible reinstate his claims against BRC I foUnd this to be cqDsistent with his representations to the C9urt durihg the February S 2007 hearing (transcript available upon requ~st) immediately proceeding my initial consultation with him

On AprilS 2()07 I senta letter tomiddotMr Gillespie advising hilll ofhis options in the pending action ag8in~tBRC In this letter I advisedmiddothim that there was already an order against him awarding entitl~ent to attorneys feesmiddot to BRC and that it was likely that he would be ordered to pay furthermiddotatt~meysfees pursuant to the motion ~or section 57105 sanctiQns However I advisedMr~Gillespie that I had negotiateda ccwalkway settlementmiddot~th B~C and in consideration for botltsides relinquishing their cl~s BRCwould not pursuemiddottl1e attomeys~ fees that they were entitled Because Mr Gillespie had already dismissed his claims I felt that I h~d negoti~ted an a~ment that was very advantageous to Mr Gillespie However Mr Gillespie did not -agree1JS he advised m~ that he did not wish to settle this ~ction in the way that I had proposed and request~ that I CQntinue preparing for the case A copy of thi~ letter is attachedas Exhibit A

At this poin~ 1 agr~ed to represent Mr~ Oillesp~e ~ th~s matter and negoqted ~ fe~ a~eilt middotwith him wh~ein he agreed to an hourlY billing rate This fee agr~entwas

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

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August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

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August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

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~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

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co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 6: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

middotPrint Page 2 of 3

Thanksmiddotagain aQpreciate your efforts in this very difficult case See you July 1st lt Sincerely

Neil Gillespie

---- Original Message - shy e_ ___ ~ FromEugene P Castaglfuolo Esq To Neif Gillespie Sent Wednesday June 22 2011 1057 AM EXHIBIT LSUbJ~ct Re Motion To Set Aside

Thank you very much for the book and CDs

Due to other professional and personal obligations Imiddothave no plans to revisit your casesituation until July 5 or thereafter

I shall look forward to your visit on Friday July 1 before 1 PM (and preferably around noon)to pay me my fee(s)

I STRONGLY suggest you stand down and take some days to contemplate your actions

Eugene

wwwCbullbulltaglluoloLIIWGroupcom wwwFlllnIlSankruptcylnTampacom

Eugene P Castagliuolo Esquire CASTAGLIUOLO LAW GROUP P A 2151 HcNulleq BoothRoad Clerwafer Florida 33759

(727) 712-3333 i

Castaglluolo Lew Group is a debt relief agency helping people to file for bankruptcy relief under United States Oode(11 USC sectsect 101-1330)

CONFIDENTIALITY This a-mati message (and any associated flies) from Castaglluolo Law Group P A fs for the sole use of the Intended reclplehlotreciplents and may contain confl~enttal8nd privileged information Any unauthorized review use dlsdosure distribution or other dtssemination of this e-mail message andor the tnforlTation contained therein is strictly prohibited If Ytu are not the intended recipient of this e-rnail messa~e please contact the sender by reply email or by telephone at (727) 712-3333 and destroy all copies of th~ original message

-- On rue 62111 Nell Gillespis ltneilgillespiemfinetgt wrote I bull

Frpm Neil Gillespieltneilgillespiemfinetgt Su~ject Motion To Set Aside To Eugene P Castagliu~lo Esq ltattorneyepcyahoocomgt Dat~ Tuesd~y June 21 2011 930 PMmiddot

Eugene I~m preparing a Motionfo Set Aside Settlement AgreementNotice OfDismissJil With Prejtdice 2dDCA and Joint Stipulation For Dismissal WithPrejud~ce Gillespie Under Duress ofInc8Jceration I dont expect you to be involved with this but please notify Mr Rodems ASAP I plan to have the motion ready by tomorrow morning I didnt sleep last night and was exhaus~ed at tIle deposition thats probably why I started

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middotf- making mistakes Not to mention Rodems yelling and threats and the fact that I was actually in custody of the I-ICSO when I agreed to the above Seems to me that was very poor form But the fmal straw was Rodems reference to my deceased Mother This h~ been one of Rodems talking points for a year and a half As you observed I was ready for Rodems with a rebuttal although it was mcomplete Rodems takes one inartful line from my pleadings and exaggeratesand repeats it The amount ofeffort to combat Rodems misrepresentations is enormous I am sorry for any inconvenience this may cause you Sincerely Neil Gillespie PS -I plan to honor our financial agreement July 1 EXHIBIT ampshy

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Subject Floridas Wiretapping Laws

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To neilgillespemfinet

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I have learned from Court Reporter Michael Borseth and other sources that you wrongfully recorded and publisheq dialogue from a telephone conversation we had on June 14 2011 even though you had explicit instructions from me that my words were not to be recorded The business use exemptimiddoton that you claim is nonsense The only business you have is in your own mind Sec9ndly you pursuaded or coerced Mr Borseth to include verbiage at the beginning of the transcript which was ~ spoken by neither you nor me

I am hereby demanding a copy ofthe audio from the aforementioned telephonemiddot conversation I

I am also demanding that you removethe transcript of our telephone conversation from your ri(ficulous website Lastly I ani demanding that you notify the Courts where you have filed this ille~ally recorded telephone conversation or I most certainly will

Be advisedmiddot that Florida Statute Ch~pter 934 allows for monetary damages punitive damages an~ attorneys fees And Im sure that Im not the only person youve wrongfully recorded

You have ten (10) days from today to deliver the aforementioned audio to my office in Largo Dont even think of telling me you that you no longer possess the audio because we both know that you do as you ~ave nothing betterto do day in and day out but to pursue your ItJdicrous ridiculous lawsuits

In the event you f~iI to meet my demand(s) as expressed above I plan to sue you for violating Floridas Security 01 Communications Act Mr Borseth mayor may not be a co-defendant for wrongfully transcribing words that were not uttered by me or by you and including same in the transcr~pt so that the unsuspecting reader would think those words were part of the proceeding when they most certainly were not

Youv~ b~en warned My lawsuit is drafted and ready to go Your move

Eugene p CastagU~910

Eugene~ Caslaglluolo EsqUire CASTAGLIUOLO LAW GROUP P A 801 west Bay Orive Suite 301 Largo ~lorid8 ~3770

(727) 712~333

CONFIDENTIALITY This e-nlan message (and any sssoaated flr~s) from Castaglfuolo taw Group P A Is for the sale use Of the intended reciplenl or recipients an~ nay contaln c0f1f1dentf~1 and privileged ~nformetfon Any unauth~rtzed review use disclosure distribution or other dissemination of this e-m~1I mmiddotessageandlor thelnformaUon contaned therein Is strictly prohIbited Ifyou are not the Intended recipient of this e-mail message plea88 contact the sender by reply email or by telephone at (727) 712-3333 and destroy an copies of the original message

EXHIBIT -E httpusmg3middotmailyahoocomne9launchrand884687546qambq8kfc9~j 8202012

I~

Robert W Bauer P-A 2815 NW 13th Streett Suitemiddot2pOE GainE$Yille FL 32609

wwwba~er1ega1com

Robert ~ Bauer Esq DavidM Sama Esq

Phone Fax

(352)3755960 (352)3312518

August 18 2010

William Gautier Kitchen Th~ floridaBar 651 East Jetrerson Street Tallahassee F~ 32399-2300

Re N~I Qillespie The Florida Bar File No 2011-00073 (8B)

Mr Kitchen -

~]eampSe aC9ept this letter-as my response to your letter of July 30 2010 in accordance with Rule 4~-84(g) ~Ules Regulating the Florida Bar I ~ also enclosing a completed disclosure form mandatetJ by Rule 3-7 1(g) middot

Prior to my response to the allegations contained in Mr Gillespies complaint fonn it is important that I provide The Florida Bar with a summary ofthe events leading up to my representation oCMr Gillespie that resulted in his ~Iing ofthis complaint

I SUMMARY of EVENTS PRIOR TO REPRESENTATION OF MR GILLESPIE I

Prior ~o this lawsuit Mr Gillespie was the plaintiffin a suit against Amscot Cash Advance After losing in lower court Mr Giliespie appealed the ruling on grounds arising out of the Fair Debt Collection Practices Act It appears from the record that the Defendants were not confident tluit they would win on appeal and agreed to pay each ofthe three plaintiffs $200Q

as well as to pay $50000 in attorneys fees Sometime after the cJose ofthis matter Mr Gillesple detennined th~~ ~e I~w finn representing him in his action against Amscot breached their fee agreement with him

-Mr~ Gillespie initiated a laws~it against Barker Rodems amp Cook PA (BRC) in August opound200S and was proceeding with h~s claims pro see Mr Gillespie alleged that BRC breached ~eir contingency fee contract with him by retaining a greater percentage of the proceeds middotfrom a se~tlement than they were entitled to Contemporaneous with filing his claims against eRe Mr Gillespie PUblished a letter to Ii representatlvlt ofAmscot the defendant in the underlying lawsuit maIP~g allegaUons of fraud and wrongdoing on the part ofBRC and one of its partilers Based on this letter BRC and the partner named in the letter filed a ~unterclaim

ag~t Mr Gillespi~ alleging libel

Despite ha~g claims against ~ Mr Gillespi- ~hose to proceed with be case po see Mr GilleSpie was without the requisite ~owledge or skill required to litigate ~~scaset but chose _~

EXHIBliT _amp-11

A~gust 18 2010 Page 2 0(10 LetiertomiddotMr Kitchen

to contin1i~ anyway This had disastrous results and when I met with him in early 2007 Mr Gillespiehad

(a) Been ordered to comply with a discovery request and to pay the Defendants fees and costs related to his continuous non-compliance

(b) A motion for Section 57105 Florida Statute sanctions filed against him but qad chosen to permit the frivolous claims to remain in place f~r eight months ~fterbeing served with the motion before choosing to voluntarily dismiss them

(0) Voluntarily dismissed his claims againstBRC without prejudice while counterclaims were still pending against him However because the statlte of liniitations period had tolled the effect waS that the counts were dismissed

With prejudice and (d) Filed motions to disqualify two ju~g~ who were formerly assign~ to the ~e Both motions were denied ~u~ the judges subsequently recused

themselves on their own motions

As is evident from the foregOing Mr Gillespi~ was in a precarious situation when he approached me about representing him Initiaily I agreed to review the transcripts and pleadings tluithad been filed in the cascent up to that point~ and to advise him as to how he should proceed with the c~e In reviewing the file it beCame evident that from the incep~on ofthe case Mr Oillespiehad difficulties underst~ding and complying with the Rules ofCi~ Procedure ~r

Gillespie was inlplored by the court to secure representation and the r~rd showed that he had great difficentu1ty in doing so Furthennore in April 012007 Mr Gillespie no longer had any claim~ pending against BRC and there was no legitimate basis fo~ 8 recoveryon which a contingency fee ~greement could be based Mr Gillespie represented to me howev~r that due to the pendi~g claims against middothim for libel and the pending motion for sanctions he Wished to be represented by counsel on an h9urly fee basis Mr Gillespie also requested me to ifpossible reinstate his claims against BRC I foUnd this to be cqDsistent with his representations to the C9urt durihg the February S 2007 hearing (transcript available upon requ~st) immediately proceeding my initial consultation with him

On AprilS 2()07 I senta letter tomiddotMr Gillespie advising hilll ofhis options in the pending action ag8in~tBRC In this letter I advisedmiddothim that there was already an order against him awarding entitl~ent to attorneys feesmiddot to BRC and that it was likely that he would be ordered to pay furthermiddotatt~meysfees pursuant to the motion ~or section 57105 sanctiQns However I advisedMr~Gillespie that I had negotiateda ccwalkway settlementmiddot~th B~C and in consideration for botltsides relinquishing their cl~s BRCwould not pursuemiddottl1e attomeys~ fees that they were entitled Because Mr Gillespie had already dismissed his claims I felt that I h~d negoti~ted an a~ment that was very advantageous to Mr Gillespie However Mr Gillespie did not -agree1JS he advised m~ that he did not wish to settle this ~ction in the way that I had proposed and request~ that I CQntinue preparing for the case A copy of thi~ letter is attachedas Exhibit A

At this poin~ 1 agr~ed to represent Mr~ Oillesp~e ~ th~s matter and negoqted ~ fe~ a~eilt middotwith him wh~ein he agreed to an hourlY billing rate This fee agr~entwas

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

I bull 1

August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

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co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 7: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

Print Page 3 of3

middotf- making mistakes Not to mention Rodems yelling and threats and the fact that I was actually in custody of the I-ICSO when I agreed to the above Seems to me that was very poor form But the fmal straw was Rodems reference to my deceased Mother This h~ been one of Rodems talking points for a year and a half As you observed I was ready for Rodems with a rebuttal although it was mcomplete Rodems takes one inartful line from my pleadings and exaggeratesand repeats it The amount ofeffort to combat Rodems misrepresentations is enormous I am sorry for any inconvenience this may cause you Sincerely Neil Gillespie PS -I plan to honor our financial agreement July 1 EXHIBIT ampshy

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Subject Floridas Wiretapping Laws

From Eu~ene P Oast~~r~uolo Esq (attorneyepcyahoocom) bullbullbull bullbull_ bull _ ~W ~bullbull ~ _-- w _ _ -- -~

To neilgillespemfinet

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Date Wednesday July 25 ~012 305 PM bullbull T-fbullbull U bull tIP bullbull middot _ ~ff~ _ ___~ _ _ __ _

I have learned from Court Reporter Michael Borseth and other sources that you wrongfully recorded and publisheq dialogue from a telephone conversation we had on June 14 2011 even though you had explicit instructions from me that my words were not to be recorded The business use exemptimiddoton that you claim is nonsense The only business you have is in your own mind Sec9ndly you pursuaded or coerced Mr Borseth to include verbiage at the beginning of the transcript which was ~ spoken by neither you nor me

I am hereby demanding a copy ofthe audio from the aforementioned telephonemiddot conversation I

I am also demanding that you removethe transcript of our telephone conversation from your ri(ficulous website Lastly I ani demanding that you notify the Courts where you have filed this ille~ally recorded telephone conversation or I most certainly will

Be advisedmiddot that Florida Statute Ch~pter 934 allows for monetary damages punitive damages an~ attorneys fees And Im sure that Im not the only person youve wrongfully recorded

You have ten (10) days from today to deliver the aforementioned audio to my office in Largo Dont even think of telling me you that you no longer possess the audio because we both know that you do as you ~ave nothing betterto do day in and day out but to pursue your ItJdicrous ridiculous lawsuits

In the event you f~iI to meet my demand(s) as expressed above I plan to sue you for violating Floridas Security 01 Communications Act Mr Borseth mayor may not be a co-defendant for wrongfully transcribing words that were not uttered by me or by you and including same in the transcr~pt so that the unsuspecting reader would think those words were part of the proceeding when they most certainly were not

Youv~ b~en warned My lawsuit is drafted and ready to go Your move

Eugene p CastagU~910

Eugene~ Caslaglluolo EsqUire CASTAGLIUOLO LAW GROUP P A 801 west Bay Orive Suite 301 Largo ~lorid8 ~3770

(727) 712~333

CONFIDENTIALITY This e-nlan message (and any sssoaated flr~s) from Castaglfuolo taw Group P A Is for the sale use Of the intended reciplenl or recipients an~ nay contaln c0f1f1dentf~1 and privileged ~nformetfon Any unauth~rtzed review use disclosure distribution or other dissemination of this e-m~1I mmiddotessageandlor thelnformaUon contaned therein Is strictly prohIbited Ifyou are not the Intended recipient of this e-mail message plea88 contact the sender by reply email or by telephone at (727) 712-3333 and destroy an copies of the original message

EXHIBIT -E httpusmg3middotmailyahoocomne9launchrand884687546qambq8kfc9~j 8202012

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Robert W Bauer P-A 2815 NW 13th Streett Suitemiddot2pOE GainE$Yille FL 32609

wwwba~er1ega1com

Robert ~ Bauer Esq DavidM Sama Esq

Phone Fax

(352)3755960 (352)3312518

August 18 2010

William Gautier Kitchen Th~ floridaBar 651 East Jetrerson Street Tallahassee F~ 32399-2300

Re N~I Qillespie The Florida Bar File No 2011-00073 (8B)

Mr Kitchen -

~]eampSe aC9ept this letter-as my response to your letter of July 30 2010 in accordance with Rule 4~-84(g) ~Ules Regulating the Florida Bar I ~ also enclosing a completed disclosure form mandatetJ by Rule 3-7 1(g) middot

Prior to my response to the allegations contained in Mr Gillespies complaint fonn it is important that I provide The Florida Bar with a summary ofthe events leading up to my representation oCMr Gillespie that resulted in his ~Iing ofthis complaint

I SUMMARY of EVENTS PRIOR TO REPRESENTATION OF MR GILLESPIE I

Prior ~o this lawsuit Mr Gillespie was the plaintiffin a suit against Amscot Cash Advance After losing in lower court Mr Giliespie appealed the ruling on grounds arising out of the Fair Debt Collection Practices Act It appears from the record that the Defendants were not confident tluit they would win on appeal and agreed to pay each ofthe three plaintiffs $200Q

as well as to pay $50000 in attorneys fees Sometime after the cJose ofthis matter Mr Gillesple detennined th~~ ~e I~w finn representing him in his action against Amscot breached their fee agreement with him

-Mr~ Gillespie initiated a laws~it against Barker Rodems amp Cook PA (BRC) in August opound200S and was proceeding with h~s claims pro see Mr Gillespie alleged that BRC breached ~eir contingency fee contract with him by retaining a greater percentage of the proceeds middotfrom a se~tlement than they were entitled to Contemporaneous with filing his claims against eRe Mr Gillespie PUblished a letter to Ii representatlvlt ofAmscot the defendant in the underlying lawsuit maIP~g allegaUons of fraud and wrongdoing on the part ofBRC and one of its partilers Based on this letter BRC and the partner named in the letter filed a ~unterclaim

ag~t Mr Gillespi~ alleging libel

Despite ha~g claims against ~ Mr Gillespi- ~hose to proceed with be case po see Mr GilleSpie was without the requisite ~owledge or skill required to litigate ~~scaset but chose _~

EXHIBliT _amp-11

A~gust 18 2010 Page 2 0(10 LetiertomiddotMr Kitchen

to contin1i~ anyway This had disastrous results and when I met with him in early 2007 Mr Gillespiehad

(a) Been ordered to comply with a discovery request and to pay the Defendants fees and costs related to his continuous non-compliance

(b) A motion for Section 57105 Florida Statute sanctions filed against him but qad chosen to permit the frivolous claims to remain in place f~r eight months ~fterbeing served with the motion before choosing to voluntarily dismiss them

(0) Voluntarily dismissed his claims againstBRC without prejudice while counterclaims were still pending against him However because the statlte of liniitations period had tolled the effect waS that the counts were dismissed

With prejudice and (d) Filed motions to disqualify two ju~g~ who were formerly assign~ to the ~e Both motions were denied ~u~ the judges subsequently recused

themselves on their own motions

As is evident from the foregOing Mr Gillespi~ was in a precarious situation when he approached me about representing him Initiaily I agreed to review the transcripts and pleadings tluithad been filed in the cascent up to that point~ and to advise him as to how he should proceed with the c~e In reviewing the file it beCame evident that from the incep~on ofthe case Mr Oillespiehad difficulties underst~ding and complying with the Rules ofCi~ Procedure ~r

Gillespie was inlplored by the court to secure representation and the r~rd showed that he had great difficentu1ty in doing so Furthennore in April 012007 Mr Gillespie no longer had any claim~ pending against BRC and there was no legitimate basis fo~ 8 recoveryon which a contingency fee ~greement could be based Mr Gillespie represented to me howev~r that due to the pendi~g claims against middothim for libel and the pending motion for sanctions he Wished to be represented by counsel on an h9urly fee basis Mr Gillespie also requested me to ifpossible reinstate his claims against BRC I foUnd this to be cqDsistent with his representations to the C9urt durihg the February S 2007 hearing (transcript available upon requ~st) immediately proceeding my initial consultation with him

On AprilS 2()07 I senta letter tomiddotMr Gillespie advising hilll ofhis options in the pending action ag8in~tBRC In this letter I advisedmiddothim that there was already an order against him awarding entitl~ent to attorneys feesmiddot to BRC and that it was likely that he would be ordered to pay furthermiddotatt~meysfees pursuant to the motion ~or section 57105 sanctiQns However I advisedMr~Gillespie that I had negotiateda ccwalkway settlementmiddot~th B~C and in consideration for botltsides relinquishing their cl~s BRCwould not pursuemiddottl1e attomeys~ fees that they were entitled Because Mr Gillespie had already dismissed his claims I felt that I h~d negoti~ted an a~ment that was very advantageous to Mr Gillespie However Mr Gillespie did not -agree1JS he advised m~ that he did not wish to settle this ~ction in the way that I had proposed and request~ that I CQntinue preparing for the case A copy of thi~ letter is attachedas Exhibit A

At this poin~ 1 agr~ed to represent Mr~ Oillesp~e ~ th~s matter and negoqted ~ fe~ a~eilt middotwith him wh~ein he agreed to an hourlY billing rate This fee agr~entwas

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

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August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

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co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 8: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

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Subject Floridas Wiretapping Laws

From Eu~ene P Oast~~r~uolo Esq (attorneyepcyahoocom) bullbullbull bullbull_ bull _ ~W ~bullbull ~ _-- w _ _ -- -~

To neilgillespemfinet

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Date Wednesday July 25 ~012 305 PM bullbull T-fbullbull U bull tIP bullbull middot _ ~ff~ _ ___~ _ _ __ _

I have learned from Court Reporter Michael Borseth and other sources that you wrongfully recorded and publisheq dialogue from a telephone conversation we had on June 14 2011 even though you had explicit instructions from me that my words were not to be recorded The business use exemptimiddoton that you claim is nonsense The only business you have is in your own mind Sec9ndly you pursuaded or coerced Mr Borseth to include verbiage at the beginning of the transcript which was ~ spoken by neither you nor me

I am hereby demanding a copy ofthe audio from the aforementioned telephonemiddot conversation I

I am also demanding that you removethe transcript of our telephone conversation from your ri(ficulous website Lastly I ani demanding that you notify the Courts where you have filed this ille~ally recorded telephone conversation or I most certainly will

Be advisedmiddot that Florida Statute Ch~pter 934 allows for monetary damages punitive damages an~ attorneys fees And Im sure that Im not the only person youve wrongfully recorded

You have ten (10) days from today to deliver the aforementioned audio to my office in Largo Dont even think of telling me you that you no longer possess the audio because we both know that you do as you ~ave nothing betterto do day in and day out but to pursue your ItJdicrous ridiculous lawsuits

In the event you f~iI to meet my demand(s) as expressed above I plan to sue you for violating Floridas Security 01 Communications Act Mr Borseth mayor may not be a co-defendant for wrongfully transcribing words that were not uttered by me or by you and including same in the transcr~pt so that the unsuspecting reader would think those words were part of the proceeding when they most certainly were not

Youv~ b~en warned My lawsuit is drafted and ready to go Your move

Eugene p CastagU~910

Eugene~ Caslaglluolo EsqUire CASTAGLIUOLO LAW GROUP P A 801 west Bay Orive Suite 301 Largo ~lorid8 ~3770

(727) 712~333

CONFIDENTIALITY This e-nlan message (and any sssoaated flr~s) from Castaglfuolo taw Group P A Is for the sale use Of the intended reciplenl or recipients an~ nay contaln c0f1f1dentf~1 and privileged ~nformetfon Any unauth~rtzed review use disclosure distribution or other dissemination of this e-m~1I mmiddotessageandlor thelnformaUon contaned therein Is strictly prohIbited Ifyou are not the Intended recipient of this e-mail message plea88 contact the sender by reply email or by telephone at (727) 712-3333 and destroy an copies of the original message

EXHIBIT -E httpusmg3middotmailyahoocomne9launchrand884687546qambq8kfc9~j 8202012

I~

Robert W Bauer P-A 2815 NW 13th Streett Suitemiddot2pOE GainE$Yille FL 32609

wwwba~er1ega1com

Robert ~ Bauer Esq DavidM Sama Esq

Phone Fax

(352)3755960 (352)3312518

August 18 2010

William Gautier Kitchen Th~ floridaBar 651 East Jetrerson Street Tallahassee F~ 32399-2300

Re N~I Qillespie The Florida Bar File No 2011-00073 (8B)

Mr Kitchen -

~]eampSe aC9ept this letter-as my response to your letter of July 30 2010 in accordance with Rule 4~-84(g) ~Ules Regulating the Florida Bar I ~ also enclosing a completed disclosure form mandatetJ by Rule 3-7 1(g) middot

Prior to my response to the allegations contained in Mr Gillespies complaint fonn it is important that I provide The Florida Bar with a summary ofthe events leading up to my representation oCMr Gillespie that resulted in his ~Iing ofthis complaint

I SUMMARY of EVENTS PRIOR TO REPRESENTATION OF MR GILLESPIE I

Prior ~o this lawsuit Mr Gillespie was the plaintiffin a suit against Amscot Cash Advance After losing in lower court Mr Giliespie appealed the ruling on grounds arising out of the Fair Debt Collection Practices Act It appears from the record that the Defendants were not confident tluit they would win on appeal and agreed to pay each ofthe three plaintiffs $200Q

as well as to pay $50000 in attorneys fees Sometime after the cJose ofthis matter Mr Gillesple detennined th~~ ~e I~w finn representing him in his action against Amscot breached their fee agreement with him

-Mr~ Gillespie initiated a laws~it against Barker Rodems amp Cook PA (BRC) in August opound200S and was proceeding with h~s claims pro see Mr Gillespie alleged that BRC breached ~eir contingency fee contract with him by retaining a greater percentage of the proceeds middotfrom a se~tlement than they were entitled to Contemporaneous with filing his claims against eRe Mr Gillespie PUblished a letter to Ii representatlvlt ofAmscot the defendant in the underlying lawsuit maIP~g allegaUons of fraud and wrongdoing on the part ofBRC and one of its partilers Based on this letter BRC and the partner named in the letter filed a ~unterclaim

ag~t Mr Gillespi~ alleging libel

Despite ha~g claims against ~ Mr Gillespi- ~hose to proceed with be case po see Mr GilleSpie was without the requisite ~owledge or skill required to litigate ~~scaset but chose _~

EXHIBliT _amp-11

A~gust 18 2010 Page 2 0(10 LetiertomiddotMr Kitchen

to contin1i~ anyway This had disastrous results and when I met with him in early 2007 Mr Gillespiehad

(a) Been ordered to comply with a discovery request and to pay the Defendants fees and costs related to his continuous non-compliance

(b) A motion for Section 57105 Florida Statute sanctions filed against him but qad chosen to permit the frivolous claims to remain in place f~r eight months ~fterbeing served with the motion before choosing to voluntarily dismiss them

(0) Voluntarily dismissed his claims againstBRC without prejudice while counterclaims were still pending against him However because the statlte of liniitations period had tolled the effect waS that the counts were dismissed

With prejudice and (d) Filed motions to disqualify two ju~g~ who were formerly assign~ to the ~e Both motions were denied ~u~ the judges subsequently recused

themselves on their own motions

As is evident from the foregOing Mr Gillespi~ was in a precarious situation when he approached me about representing him Initiaily I agreed to review the transcripts and pleadings tluithad been filed in the cascent up to that point~ and to advise him as to how he should proceed with the c~e In reviewing the file it beCame evident that from the incep~on ofthe case Mr Oillespiehad difficulties underst~ding and complying with the Rules ofCi~ Procedure ~r

Gillespie was inlplored by the court to secure representation and the r~rd showed that he had great difficentu1ty in doing so Furthennore in April 012007 Mr Gillespie no longer had any claim~ pending against BRC and there was no legitimate basis fo~ 8 recoveryon which a contingency fee ~greement could be based Mr Gillespie represented to me howev~r that due to the pendi~g claims against middothim for libel and the pending motion for sanctions he Wished to be represented by counsel on an h9urly fee basis Mr Gillespie also requested me to ifpossible reinstate his claims against BRC I foUnd this to be cqDsistent with his representations to the C9urt durihg the February S 2007 hearing (transcript available upon requ~st) immediately proceeding my initial consultation with him

On AprilS 2()07 I senta letter tomiddotMr Gillespie advising hilll ofhis options in the pending action ag8in~tBRC In this letter I advisedmiddothim that there was already an order against him awarding entitl~ent to attorneys feesmiddot to BRC and that it was likely that he would be ordered to pay furthermiddotatt~meysfees pursuant to the motion ~or section 57105 sanctiQns However I advisedMr~Gillespie that I had negotiateda ccwalkway settlementmiddot~th B~C and in consideration for botltsides relinquishing their cl~s BRCwould not pursuemiddottl1e attomeys~ fees that they were entitled Because Mr Gillespie had already dismissed his claims I felt that I h~d negoti~ted an a~ment that was very advantageous to Mr Gillespie However Mr Gillespie did not -agree1JS he advised m~ that he did not wish to settle this ~ction in the way that I had proposed and request~ that I CQntinue preparing for the case A copy of thi~ letter is attachedas Exhibit A

At this poin~ 1 agr~ed to represent Mr~ Oillesp~e ~ th~s matter and negoqted ~ fe~ a~eilt middotwith him wh~ein he agreed to an hourlY billing rate This fee agr~entwas

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

I bull 1

August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 9: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

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- 8092 SW 11Stb Loop (352) 8-54-7807 Ocala Florida 34481 neilgillespiemfinet

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Subject Floridas Wiretapping Laws

From Eu~ene P Oast~~r~uolo Esq (attorneyepcyahoocom) bullbullbull bullbull_ bull _ ~W ~bullbull ~ _-- w _ _ -- -~

To neilgillespemfinet

Co mjborsethverizonnet bullmiddot_middotmiddot 0 _ _h middotbull_ middotHmiddot_middot_middot _ _ middotmiddot_middot __ ___ _ _ _ __ _ _ _ ___ _ _ _ ___ __ __ __ _u___bull_ _ __ __ _

Date Wednesday July 25 ~012 305 PM bullbull T-fbullbull U bull tIP bullbull middot _ ~ff~ _ ___~ _ _ __ _

I have learned from Court Reporter Michael Borseth and other sources that you wrongfully recorded and publisheq dialogue from a telephone conversation we had on June 14 2011 even though you had explicit instructions from me that my words were not to be recorded The business use exemptimiddoton that you claim is nonsense The only business you have is in your own mind Sec9ndly you pursuaded or coerced Mr Borseth to include verbiage at the beginning of the transcript which was ~ spoken by neither you nor me

I am hereby demanding a copy ofthe audio from the aforementioned telephonemiddot conversation I

I am also demanding that you removethe transcript of our telephone conversation from your ri(ficulous website Lastly I ani demanding that you notify the Courts where you have filed this ille~ally recorded telephone conversation or I most certainly will

Be advisedmiddot that Florida Statute Ch~pter 934 allows for monetary damages punitive damages an~ attorneys fees And Im sure that Im not the only person youve wrongfully recorded

You have ten (10) days from today to deliver the aforementioned audio to my office in Largo Dont even think of telling me you that you no longer possess the audio because we both know that you do as you ~ave nothing betterto do day in and day out but to pursue your ItJdicrous ridiculous lawsuits

In the event you f~iI to meet my demand(s) as expressed above I plan to sue you for violating Floridas Security 01 Communications Act Mr Borseth mayor may not be a co-defendant for wrongfully transcribing words that were not uttered by me or by you and including same in the transcr~pt so that the unsuspecting reader would think those words were part of the proceeding when they most certainly were not

Youv~ b~en warned My lawsuit is drafted and ready to go Your move

Eugene p CastagU~910

Eugene~ Caslaglluolo EsqUire CASTAGLIUOLO LAW GROUP P A 801 west Bay Orive Suite 301 Largo ~lorid8 ~3770

(727) 712~333

CONFIDENTIALITY This e-nlan message (and any sssoaated flr~s) from Castaglfuolo taw Group P A Is for the sale use Of the intended reciplenl or recipients an~ nay contaln c0f1f1dentf~1 and privileged ~nformetfon Any unauth~rtzed review use disclosure distribution or other dissemination of this e-m~1I mmiddotessageandlor thelnformaUon contaned therein Is strictly prohIbited Ifyou are not the Intended recipient of this e-mail message plea88 contact the sender by reply email or by telephone at (727) 712-3333 and destroy an copies of the original message

EXHIBIT -E httpusmg3middotmailyahoocomne9launchrand884687546qambq8kfc9~j 8202012

I~

Robert W Bauer P-A 2815 NW 13th Streett Suitemiddot2pOE GainE$Yille FL 32609

wwwba~er1ega1com

Robert ~ Bauer Esq DavidM Sama Esq

Phone Fax

(352)3755960 (352)3312518

August 18 2010

William Gautier Kitchen Th~ floridaBar 651 East Jetrerson Street Tallahassee F~ 32399-2300

Re N~I Qillespie The Florida Bar File No 2011-00073 (8B)

Mr Kitchen -

~]eampSe aC9ept this letter-as my response to your letter of July 30 2010 in accordance with Rule 4~-84(g) ~Ules Regulating the Florida Bar I ~ also enclosing a completed disclosure form mandatetJ by Rule 3-7 1(g) middot

Prior to my response to the allegations contained in Mr Gillespies complaint fonn it is important that I provide The Florida Bar with a summary ofthe events leading up to my representation oCMr Gillespie that resulted in his ~Iing ofthis complaint

I SUMMARY of EVENTS PRIOR TO REPRESENTATION OF MR GILLESPIE I

Prior ~o this lawsuit Mr Gillespie was the plaintiffin a suit against Amscot Cash Advance After losing in lower court Mr Giliespie appealed the ruling on grounds arising out of the Fair Debt Collection Practices Act It appears from the record that the Defendants were not confident tluit they would win on appeal and agreed to pay each ofthe three plaintiffs $200Q

as well as to pay $50000 in attorneys fees Sometime after the cJose ofthis matter Mr Gillesple detennined th~~ ~e I~w finn representing him in his action against Amscot breached their fee agreement with him

-Mr~ Gillespie initiated a laws~it against Barker Rodems amp Cook PA (BRC) in August opound200S and was proceeding with h~s claims pro see Mr Gillespie alleged that BRC breached ~eir contingency fee contract with him by retaining a greater percentage of the proceeds middotfrom a se~tlement than they were entitled to Contemporaneous with filing his claims against eRe Mr Gillespie PUblished a letter to Ii representatlvlt ofAmscot the defendant in the underlying lawsuit maIP~g allegaUons of fraud and wrongdoing on the part ofBRC and one of its partilers Based on this letter BRC and the partner named in the letter filed a ~unterclaim

ag~t Mr Gillespi~ alleging libel

Despite ha~g claims against ~ Mr Gillespi- ~hose to proceed with be case po see Mr GilleSpie was without the requisite ~owledge or skill required to litigate ~~scaset but chose _~

EXHIBliT _amp-11

A~gust 18 2010 Page 2 0(10 LetiertomiddotMr Kitchen

to contin1i~ anyway This had disastrous results and when I met with him in early 2007 Mr Gillespiehad

(a) Been ordered to comply with a discovery request and to pay the Defendants fees and costs related to his continuous non-compliance

(b) A motion for Section 57105 Florida Statute sanctions filed against him but qad chosen to permit the frivolous claims to remain in place f~r eight months ~fterbeing served with the motion before choosing to voluntarily dismiss them

(0) Voluntarily dismissed his claims againstBRC without prejudice while counterclaims were still pending against him However because the statlte of liniitations period had tolled the effect waS that the counts were dismissed

With prejudice and (d) Filed motions to disqualify two ju~g~ who were formerly assign~ to the ~e Both motions were denied ~u~ the judges subsequently recused

themselves on their own motions

As is evident from the foregOing Mr Gillespi~ was in a precarious situation when he approached me about representing him Initiaily I agreed to review the transcripts and pleadings tluithad been filed in the cascent up to that point~ and to advise him as to how he should proceed with the c~e In reviewing the file it beCame evident that from the incep~on ofthe case Mr Oillespiehad difficulties underst~ding and complying with the Rules ofCi~ Procedure ~r

Gillespie was inlplored by the court to secure representation and the r~rd showed that he had great difficentu1ty in doing so Furthennore in April 012007 Mr Gillespie no longer had any claim~ pending against BRC and there was no legitimate basis fo~ 8 recoveryon which a contingency fee ~greement could be based Mr Gillespie represented to me howev~r that due to the pendi~g claims against middothim for libel and the pending motion for sanctions he Wished to be represented by counsel on an h9urly fee basis Mr Gillespie also requested me to ifpossible reinstate his claims against BRC I foUnd this to be cqDsistent with his representations to the C9urt durihg the February S 2007 hearing (transcript available upon requ~st) immediately proceeding my initial consultation with him

On AprilS 2()07 I senta letter tomiddotMr Gillespie advising hilll ofhis options in the pending action ag8in~tBRC In this letter I advisedmiddothim that there was already an order against him awarding entitl~ent to attorneys feesmiddot to BRC and that it was likely that he would be ordered to pay furthermiddotatt~meysfees pursuant to the motion ~or section 57105 sanctiQns However I advisedMr~Gillespie that I had negotiateda ccwalkway settlementmiddot~th B~C and in consideration for botltsides relinquishing their cl~s BRCwould not pursuemiddottl1e attomeys~ fees that they were entitled Because Mr Gillespie had already dismissed his claims I felt that I h~d negoti~ted an a~ment that was very advantageous to Mr Gillespie However Mr Gillespie did not -agree1JS he advised m~ that he did not wish to settle this ~ction in the way that I had proposed and request~ that I CQntinue preparing for the case A copy of thi~ letter is attachedas Exhibit A

At this poin~ 1 agr~ed to represent Mr~ Oillesp~e ~ th~s matter and negoqted ~ fe~ a~eilt middotwith him wh~ein he agreed to an hourlY billing rate This fee agr~entwas

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

I bull 1

August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 10: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

Print middotmiddotPage 1 of t

___bull_---_ - __-___-----_- _--__-- --____-___-

Subject Floridas Wiretapping Laws

From Eu~ene P Oast~~r~uolo Esq (attorneyepcyahoocom) bullbullbull bullbull_ bull _ ~W ~bullbull ~ _-- w _ _ -- -~

To neilgillespemfinet

Co mjborsethverizonnet bullmiddot_middotmiddot 0 _ _h middotbull_ middotHmiddot_middot_middot _ _ middotmiddot_middot __ ___ _ _ _ __ _ _ _ ___ _ _ _ ___ __ __ __ _u___bull_ _ __ __ _

Date Wednesday July 25 ~012 305 PM bullbull T-fbullbull U bull tIP bullbull middot _ ~ff~ _ ___~ _ _ __ _

I have learned from Court Reporter Michael Borseth and other sources that you wrongfully recorded and publisheq dialogue from a telephone conversation we had on June 14 2011 even though you had explicit instructions from me that my words were not to be recorded The business use exemptimiddoton that you claim is nonsense The only business you have is in your own mind Sec9ndly you pursuaded or coerced Mr Borseth to include verbiage at the beginning of the transcript which was ~ spoken by neither you nor me

I am hereby demanding a copy ofthe audio from the aforementioned telephonemiddot conversation I

I am also demanding that you removethe transcript of our telephone conversation from your ri(ficulous website Lastly I ani demanding that you notify the Courts where you have filed this ille~ally recorded telephone conversation or I most certainly will

Be advisedmiddot that Florida Statute Ch~pter 934 allows for monetary damages punitive damages an~ attorneys fees And Im sure that Im not the only person youve wrongfully recorded

You have ten (10) days from today to deliver the aforementioned audio to my office in Largo Dont even think of telling me you that you no longer possess the audio because we both know that you do as you ~ave nothing betterto do day in and day out but to pursue your ItJdicrous ridiculous lawsuits

In the event you f~iI to meet my demand(s) as expressed above I plan to sue you for violating Floridas Security 01 Communications Act Mr Borseth mayor may not be a co-defendant for wrongfully transcribing words that were not uttered by me or by you and including same in the transcr~pt so that the unsuspecting reader would think those words were part of the proceeding when they most certainly were not

Youv~ b~en warned My lawsuit is drafted and ready to go Your move

Eugene p CastagU~910

Eugene~ Caslaglluolo EsqUire CASTAGLIUOLO LAW GROUP P A 801 west Bay Orive Suite 301 Largo ~lorid8 ~3770

(727) 712~333

CONFIDENTIALITY This e-nlan message (and any sssoaated flr~s) from Castaglfuolo taw Group P A Is for the sale use Of the intended reciplenl or recipients an~ nay contaln c0f1f1dentf~1 and privileged ~nformetfon Any unauth~rtzed review use disclosure distribution or other dissemination of this e-m~1I mmiddotessageandlor thelnformaUon contaned therein Is strictly prohIbited Ifyou are not the Intended recipient of this e-mail message plea88 contact the sender by reply email or by telephone at (727) 712-3333 and destroy an copies of the original message

EXHIBIT -E httpusmg3middotmailyahoocomne9launchrand884687546qambq8kfc9~j 8202012

I~

Robert W Bauer P-A 2815 NW 13th Streett Suitemiddot2pOE GainE$Yille FL 32609

wwwba~er1ega1com

Robert ~ Bauer Esq DavidM Sama Esq

Phone Fax

(352)3755960 (352)3312518

August 18 2010

William Gautier Kitchen Th~ floridaBar 651 East Jetrerson Street Tallahassee F~ 32399-2300

Re N~I Qillespie The Florida Bar File No 2011-00073 (8B)

Mr Kitchen -

~]eampSe aC9ept this letter-as my response to your letter of July 30 2010 in accordance with Rule 4~-84(g) ~Ules Regulating the Florida Bar I ~ also enclosing a completed disclosure form mandatetJ by Rule 3-7 1(g) middot

Prior to my response to the allegations contained in Mr Gillespies complaint fonn it is important that I provide The Florida Bar with a summary ofthe events leading up to my representation oCMr Gillespie that resulted in his ~Iing ofthis complaint

I SUMMARY of EVENTS PRIOR TO REPRESENTATION OF MR GILLESPIE I

Prior ~o this lawsuit Mr Gillespie was the plaintiffin a suit against Amscot Cash Advance After losing in lower court Mr Giliespie appealed the ruling on grounds arising out of the Fair Debt Collection Practices Act It appears from the record that the Defendants were not confident tluit they would win on appeal and agreed to pay each ofthe three plaintiffs $200Q

as well as to pay $50000 in attorneys fees Sometime after the cJose ofthis matter Mr Gillesple detennined th~~ ~e I~w finn representing him in his action against Amscot breached their fee agreement with him

-Mr~ Gillespie initiated a laws~it against Barker Rodems amp Cook PA (BRC) in August opound200S and was proceeding with h~s claims pro see Mr Gillespie alleged that BRC breached ~eir contingency fee contract with him by retaining a greater percentage of the proceeds middotfrom a se~tlement than they were entitled to Contemporaneous with filing his claims against eRe Mr Gillespie PUblished a letter to Ii representatlvlt ofAmscot the defendant in the underlying lawsuit maIP~g allegaUons of fraud and wrongdoing on the part ofBRC and one of its partilers Based on this letter BRC and the partner named in the letter filed a ~unterclaim

ag~t Mr Gillespi~ alleging libel

Despite ha~g claims against ~ Mr Gillespi- ~hose to proceed with be case po see Mr GilleSpie was without the requisite ~owledge or skill required to litigate ~~scaset but chose _~

EXHIBliT _amp-11

A~gust 18 2010 Page 2 0(10 LetiertomiddotMr Kitchen

to contin1i~ anyway This had disastrous results and when I met with him in early 2007 Mr Gillespiehad

(a) Been ordered to comply with a discovery request and to pay the Defendants fees and costs related to his continuous non-compliance

(b) A motion for Section 57105 Florida Statute sanctions filed against him but qad chosen to permit the frivolous claims to remain in place f~r eight months ~fterbeing served with the motion before choosing to voluntarily dismiss them

(0) Voluntarily dismissed his claims againstBRC without prejudice while counterclaims were still pending against him However because the statlte of liniitations period had tolled the effect waS that the counts were dismissed

With prejudice and (d) Filed motions to disqualify two ju~g~ who were formerly assign~ to the ~e Both motions were denied ~u~ the judges subsequently recused

themselves on their own motions

As is evident from the foregOing Mr Gillespi~ was in a precarious situation when he approached me about representing him Initiaily I agreed to review the transcripts and pleadings tluithad been filed in the cascent up to that point~ and to advise him as to how he should proceed with the c~e In reviewing the file it beCame evident that from the incep~on ofthe case Mr Oillespiehad difficulties underst~ding and complying with the Rules ofCi~ Procedure ~r

Gillespie was inlplored by the court to secure representation and the r~rd showed that he had great difficentu1ty in doing so Furthennore in April 012007 Mr Gillespie no longer had any claim~ pending against BRC and there was no legitimate basis fo~ 8 recoveryon which a contingency fee ~greement could be based Mr Gillespie represented to me howev~r that due to the pendi~g claims against middothim for libel and the pending motion for sanctions he Wished to be represented by counsel on an h9urly fee basis Mr Gillespie also requested me to ifpossible reinstate his claims against BRC I foUnd this to be cqDsistent with his representations to the C9urt durihg the February S 2007 hearing (transcript available upon requ~st) immediately proceeding my initial consultation with him

On AprilS 2()07 I senta letter tomiddotMr Gillespie advising hilll ofhis options in the pending action ag8in~tBRC In this letter I advisedmiddothim that there was already an order against him awarding entitl~ent to attorneys feesmiddot to BRC and that it was likely that he would be ordered to pay furthermiddotatt~meysfees pursuant to the motion ~or section 57105 sanctiQns However I advisedMr~Gillespie that I had negotiateda ccwalkway settlementmiddot~th B~C and in consideration for botltsides relinquishing their cl~s BRCwould not pursuemiddottl1e attomeys~ fees that they were entitled Because Mr Gillespie had already dismissed his claims I felt that I h~d negoti~ted an a~ment that was very advantageous to Mr Gillespie However Mr Gillespie did not -agree1JS he advised m~ that he did not wish to settle this ~ction in the way that I had proposed and request~ that I CQntinue preparing for the case A copy of thi~ letter is attachedas Exhibit A

At this poin~ 1 agr~ed to represent Mr~ Oillesp~e ~ th~s matter and negoqted ~ fe~ a~eilt middotwith him wh~ein he agreed to an hourlY billing rate This fee agr~entwas

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

I bull 1

August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 11: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

Robert W Bauer P-A 2815 NW 13th Streett Suitemiddot2pOE GainE$Yille FL 32609

wwwba~er1ega1com

Robert ~ Bauer Esq DavidM Sama Esq

Phone Fax

(352)3755960 (352)3312518

August 18 2010

William Gautier Kitchen Th~ floridaBar 651 East Jetrerson Street Tallahassee F~ 32399-2300

Re N~I Qillespie The Florida Bar File No 2011-00073 (8B)

Mr Kitchen -

~]eampSe aC9ept this letter-as my response to your letter of July 30 2010 in accordance with Rule 4~-84(g) ~Ules Regulating the Florida Bar I ~ also enclosing a completed disclosure form mandatetJ by Rule 3-7 1(g) middot

Prior to my response to the allegations contained in Mr Gillespies complaint fonn it is important that I provide The Florida Bar with a summary ofthe events leading up to my representation oCMr Gillespie that resulted in his ~Iing ofthis complaint

I SUMMARY of EVENTS PRIOR TO REPRESENTATION OF MR GILLESPIE I

Prior ~o this lawsuit Mr Gillespie was the plaintiffin a suit against Amscot Cash Advance After losing in lower court Mr Giliespie appealed the ruling on grounds arising out of the Fair Debt Collection Practices Act It appears from the record that the Defendants were not confident tluit they would win on appeal and agreed to pay each ofthe three plaintiffs $200Q

as well as to pay $50000 in attorneys fees Sometime after the cJose ofthis matter Mr Gillesple detennined th~~ ~e I~w finn representing him in his action against Amscot breached their fee agreement with him

-Mr~ Gillespie initiated a laws~it against Barker Rodems amp Cook PA (BRC) in August opound200S and was proceeding with h~s claims pro see Mr Gillespie alleged that BRC breached ~eir contingency fee contract with him by retaining a greater percentage of the proceeds middotfrom a se~tlement than they were entitled to Contemporaneous with filing his claims against eRe Mr Gillespie PUblished a letter to Ii representatlvlt ofAmscot the defendant in the underlying lawsuit maIP~g allegaUons of fraud and wrongdoing on the part ofBRC and one of its partilers Based on this letter BRC and the partner named in the letter filed a ~unterclaim

ag~t Mr Gillespi~ alleging libel

Despite ha~g claims against ~ Mr Gillespi- ~hose to proceed with be case po see Mr GilleSpie was without the requisite ~owledge or skill required to litigate ~~scaset but chose _~

EXHIBliT _amp-11

A~gust 18 2010 Page 2 0(10 LetiertomiddotMr Kitchen

to contin1i~ anyway This had disastrous results and when I met with him in early 2007 Mr Gillespiehad

(a) Been ordered to comply with a discovery request and to pay the Defendants fees and costs related to his continuous non-compliance

(b) A motion for Section 57105 Florida Statute sanctions filed against him but qad chosen to permit the frivolous claims to remain in place f~r eight months ~fterbeing served with the motion before choosing to voluntarily dismiss them

(0) Voluntarily dismissed his claims againstBRC without prejudice while counterclaims were still pending against him However because the statlte of liniitations period had tolled the effect waS that the counts were dismissed

With prejudice and (d) Filed motions to disqualify two ju~g~ who were formerly assign~ to the ~e Both motions were denied ~u~ the judges subsequently recused

themselves on their own motions

As is evident from the foregOing Mr Gillespi~ was in a precarious situation when he approached me about representing him Initiaily I agreed to review the transcripts and pleadings tluithad been filed in the cascent up to that point~ and to advise him as to how he should proceed with the c~e In reviewing the file it beCame evident that from the incep~on ofthe case Mr Oillespiehad difficulties underst~ding and complying with the Rules ofCi~ Procedure ~r

Gillespie was inlplored by the court to secure representation and the r~rd showed that he had great difficentu1ty in doing so Furthennore in April 012007 Mr Gillespie no longer had any claim~ pending against BRC and there was no legitimate basis fo~ 8 recoveryon which a contingency fee ~greement could be based Mr Gillespie represented to me howev~r that due to the pendi~g claims against middothim for libel and the pending motion for sanctions he Wished to be represented by counsel on an h9urly fee basis Mr Gillespie also requested me to ifpossible reinstate his claims against BRC I foUnd this to be cqDsistent with his representations to the C9urt durihg the February S 2007 hearing (transcript available upon requ~st) immediately proceeding my initial consultation with him

On AprilS 2()07 I senta letter tomiddotMr Gillespie advising hilll ofhis options in the pending action ag8in~tBRC In this letter I advisedmiddothim that there was already an order against him awarding entitl~ent to attorneys feesmiddot to BRC and that it was likely that he would be ordered to pay furthermiddotatt~meysfees pursuant to the motion ~or section 57105 sanctiQns However I advisedMr~Gillespie that I had negotiateda ccwalkway settlementmiddot~th B~C and in consideration for botltsides relinquishing their cl~s BRCwould not pursuemiddottl1e attomeys~ fees that they were entitled Because Mr Gillespie had already dismissed his claims I felt that I h~d negoti~ted an a~ment that was very advantageous to Mr Gillespie However Mr Gillespie did not -agree1JS he advised m~ that he did not wish to settle this ~ction in the way that I had proposed and request~ that I CQntinue preparing for the case A copy of thi~ letter is attachedas Exhibit A

At this poin~ 1 agr~ed to represent Mr~ Oillesp~e ~ th~s matter and negoqted ~ fe~ a~eilt middotwith him wh~ein he agreed to an hourlY billing rate This fee agr~entwas

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

I bull 1

August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 12: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

A~gust 18 2010 Page 2 0(10 LetiertomiddotMr Kitchen

to contin1i~ anyway This had disastrous results and when I met with him in early 2007 Mr Gillespiehad

(a) Been ordered to comply with a discovery request and to pay the Defendants fees and costs related to his continuous non-compliance

(b) A motion for Section 57105 Florida Statute sanctions filed against him but qad chosen to permit the frivolous claims to remain in place f~r eight months ~fterbeing served with the motion before choosing to voluntarily dismiss them

(0) Voluntarily dismissed his claims againstBRC without prejudice while counterclaims were still pending against him However because the statlte of liniitations period had tolled the effect waS that the counts were dismissed

With prejudice and (d) Filed motions to disqualify two ju~g~ who were formerly assign~ to the ~e Both motions were denied ~u~ the judges subsequently recused

themselves on their own motions

As is evident from the foregOing Mr Gillespi~ was in a precarious situation when he approached me about representing him Initiaily I agreed to review the transcripts and pleadings tluithad been filed in the cascent up to that point~ and to advise him as to how he should proceed with the c~e In reviewing the file it beCame evident that from the incep~on ofthe case Mr Oillespiehad difficulties underst~ding and complying with the Rules ofCi~ Procedure ~r

Gillespie was inlplored by the court to secure representation and the r~rd showed that he had great difficentu1ty in doing so Furthennore in April 012007 Mr Gillespie no longer had any claim~ pending against BRC and there was no legitimate basis fo~ 8 recoveryon which a contingency fee ~greement could be based Mr Gillespie represented to me howev~r that due to the pendi~g claims against middothim for libel and the pending motion for sanctions he Wished to be represented by counsel on an h9urly fee basis Mr Gillespie also requested me to ifpossible reinstate his claims against BRC I foUnd this to be cqDsistent with his representations to the C9urt durihg the February S 2007 hearing (transcript available upon requ~st) immediately proceeding my initial consultation with him

On AprilS 2()07 I senta letter tomiddotMr Gillespie advising hilll ofhis options in the pending action ag8in~tBRC In this letter I advisedmiddothim that there was already an order against him awarding entitl~ent to attorneys feesmiddot to BRC and that it was likely that he would be ordered to pay furthermiddotatt~meysfees pursuant to the motion ~or section 57105 sanctiQns However I advisedMr~Gillespie that I had negotiateda ccwalkway settlementmiddot~th B~C and in consideration for botltsides relinquishing their cl~s BRCwould not pursuemiddottl1e attomeys~ fees that they were entitled Because Mr Gillespie had already dismissed his claims I felt that I h~d negoti~ted an a~ment that was very advantageous to Mr Gillespie However Mr Gillespie did not -agree1JS he advised m~ that he did not wish to settle this ~ction in the way that I had proposed and request~ that I CQntinue preparing for the case A copy of thi~ letter is attachedas Exhibit A

At this poin~ 1 agr~ed to represent Mr~ Oillesp~e ~ th~s matter and negoqted ~ fe~ a~eilt middotwith him wh~ein he agreed to an hourlY billing rate This fee agr~entwas

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

I bull 1

August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 13: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

August 182010 Page 3 of 10

Letter to Mr Kitchen I bull ~

v~l~t~ly ente~d into and signed by Mr Gillespie on April 24 middot2007 The agreeme~tprovided that I would bill for my time inconnection with Mr Gillespies case at a rate of$250hour A copy ofthis fee agreement is attached as Exhibit B

II RESPONSE TO ~PEclFIC middotCOMPLAINTS OF MISCONDUCT

1 Failure to zealously litigat~ claims

D~$ my initial conver~ati~ns with Mr Gillespie we discussed strategy and concluded that I would attempt to reinstate his claims agai~st BRC even though they wer~ dismissed after themiddotmiddotst~tut~ ofliniitations had toll~ Because reinstating claims in the same ~action as they were volun~llrily dismissed w~ a novel legal issue md ~ne outside ofnonnal practice~l pr~ceeded on dual front~ with two ~ttategies I thought had the most p~dent chances for succes~ Jfiled a motion towithdrawvoluntary dismissal a~ompanied by a memorandum oflaw 8Uppltrting it~ Ad~tionally I 8D1ended theanswer originallynled byMr Gillespie At the time we had no ~us~ ltgtf action pending agai~t BRC so addi~onally I iJ1cluded as part of the answer a CQ~ter-cOmplaint ie-~I~8ing the co~ts previously dismissed by Mr Gillespie and adding a count for breach offiduciary duty This dual-front strategy was ultimately successful as my monon to withdtaw voluntary dismissal was granted and as of today the claims are ~till viable

Mr Gillespi~ middotaiso alleges that I failed to present evidence that there was no signed con~gent fee agr~p1ent subsequent to Mr Rod~s representations that there were This allegation undersoores much Gf the basis for my motion for withdrawal The Complaint originally drafted by Mr Gillespie includes a count for breach ofcontract and specifically alleges in paragraph 6 GILLESPffi and the LAW FIRM [BRC] had a written representation contract The hearings in question were on Defendants Motion for Judgment on the pleadmgs Had I argUed that ito contract existed between the parties as Mr Gillespie now claims t failed to do~middot it wouid have been repugnmt -to his position Additionally Mr Gillespie now middotasserts that] failedto ptovEthe non~existence ofa contract by submitting affidavits Clearly Mr Gillespie makes this assertion wi~out 811 understanding ofwhat is appropriate to argue in a hearing on a motion fot judgment on the pleadings Mr Gillespie did not understand the procedunll or substantive la~ surtounding ~i~ issue and now wishes ~o supplant his ~egal prowess ~th mine

Whil~ Rule 4-12 provides that a lawyer should abide by their clients decisions conceriung objectivest the comment to the Rule reads that lethe lawyer shQuld assume responsibiiity tor~e technical and legal tactical issues Mr Gillespie madeDUDlerolls ~ti~land legalmiddotettOrs during his tiine as a pro se litigant It was for this reasonihat he middotsolicited myservmiddotices We m~t and mutually agreed upon the obj~ctives ofthe represeDta~on Mr Gillespie acknowledges this in ~lis Pro Se Response to Attorney Robert W Bauers Moqon for Withdrawal ofCounsel (Exl~ibt C) However middotMr Gillespie was consistently unwilling to permit -me to represent him inL way that ~as p~fess~onally and legally appropria~~ He consi~teiitlymiddotinsisted that _ take legal and proceduralactions that wer~ lnapproprj~te anq impennissjble under the Rules~ ofCivil Procedure in the given situatiotl Mr Gillespie had difficulty unders~ding why I was unable to make the procedural and legal mov~ h~ mandated and as aresult our relations~l as attorney and cli~tbecame strain~

I bull 1

August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 14: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

August 18 ~tOl 0 Page 4 oftO Letterto Mr Kitqh~n

Mr Gillespie claims that I failed to amend the pro s~ complaint As previously e~lained the ~ctions ~ pursued were first aimed at re-establishing Mr Gillespies claims lJpon dOing SO a motion for Judgment on the pleadings was filed and noticed The resultant order from the Court granted the motion as to Count II an~ dismissed it ~ to Count I Rather than give leave to amend however the court explicitly ordered in lieu ~f an amended complaint all factual allegatio~ contained in Count II middotare incorporated in Count I A responsive pleading had been filed in this matter and without leave an ~endment was not pennissible Furthennore because ofthe vol~tary dismissal ofhis claims ther~ werestatute oflimitations issues involved in attemptingto brinsmiddotnew causes ofaction

2 Failure to z~IQusly litigate against ~e BRC counterclaim

AsM~ Gillespie correctly points out I filed an Ame~ded Answer to Defendants Count~(l8im~ nis answer was and is s~ll tomy knowledge1egally sufficient and effective Igturiitgmyrepresentation ofMr Gillespie discoverywas conducted within the ~Cope ofBRCs claims n~ p~ses fur the counter-counter complaint were fully discussed above and as noted rela~ed to re-establishi~g Mr Gillespies claims rather than defending against BRCs counterclaim

3 Failure to zealously pursue case management

M~ Oillesp~e seems to focus on Mr Rodems behavior with ~pect to case management i~this paragraph ofhis grievance While that is outside ofthe sCQpe of-any complaint against ~e and therefore does not warrant a response I will respond to the overall allegation that I did not pursuecase management When I first became involved with this matter the~e were a number ofmotions pending and Mr Gillespie had already been ordered to pay attorneys fees for noncompliance wi~ a discoverY request~ Additionally Mr Gillespie filed a mo~ion to have Judg~ Neil~on diBqualified Themotion was denied but1udge Neilson withdrew on hisflwn motion and JudgefIsom was appointed Shortly before I began representing Mr Gillespi~ he filed a motion tohave Judg~ Isom disqualified as well Again despite the ~otion being denied she withdrew sua sponte Theconstaitt re8Ss~goment ofthis case that resulted lefta docket full ofunheard motions and apacklog ofissues to address

I contacted Mr Rodems immediately upon becoming involved in ~s matter~d worked

with him iri amicablymiddot preparing for and conducting discovery We were able to ~olve many of ~e issuestha~ exist~ 8n~ movethe case forward Themotions were set and heard in relatively short orderl Again~ Mr Gillespie was dissatisfied with the procedural tactiCs that I employed on his be~al~~o~ever$i~ dissatisfa~tion comes from an ~ufflcient understanding of the RulC$ of Civil Procedure and not predi~ted upon my failure to uphold any ofmy duties under the Rules ofPrQfessionaIC()nd~ct Whilemiddot1 didnot march into court demanding that the]lJdge res~e tiDieoil his docket to help with scheduling as MrGillespie suggests shouJdhave I did w~r~ with ppposing counsel to clear the procedural matters~ll pending ~d ~nt1nue the d~covery ~at had al~eady been ordered Because ofthe number oftimes the co~ ti~~ waS unilecessanly consumed-by Mr Gillespie prior to my representation ofhim I fel~ it was

i

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 15: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

I

August 182010 Page 5 of 10

Letter to Mr Kitchen

important to strive to~omplete the discovery process and disposition ofpretrial motions inmiddot a way tha~did not require the courts involvement any more than was necessary

4 Failure to zealously pursue discovery

As explained above Mr G~Ilespie had voluntarily dismissed his claims against BRC prior to my representation ofhim in this matter Because ofthis much ofthe discovery he sought pripr to the dismissal was moot The few items ~at still existed from his discovery requ~sts h~d either be~ properly obj~cte~ to by Mr Rodems or produced within the appropriate ~e linii~ Because thediscovery requests had been appropriately complied with by Mr Rodems the motions that Mr Gillespie filed to compel discovery were improper I conducted disC9very ~uring my time as Mr Gillespies legal counsel in 811 ethicamp1 and amicable manner as I $l1 sur~ ~ R04ents will attest In fact upon learning of t1ii~ grievance Mr Rode~s wrote a thirte~n p~ge lette~ in support ofmy representation 9fmy conduct during the course ofmy -representation ofMI- Gillespie In his letter which is available upon request ~ Rodems ~ote CCI ~ound Mr Baue( to be competent bright hardworking and very consci~tious afhis clients i~terests~

Mr Gillespie was under the false understanding that the order ofentit1~entofattomeys fees ag~t Mr Gillespie could somehow be mitigated by my filing ofburderisome and

frivolous discovery requests Despite my explanations to him as to the origin ofthe entitlement he ~ntinu~d to implore me to undertake these dilatory tactics and became upset when I explained that I could not do so in good legal or ethical conscience

s Failure to seek disqualification ofBRCs coWlscl Ryan Christopher Rodems

~s issue is another where Mr Gillespie demanded that I take a position that was not procedurally available My repeated attempts to explain the Rules 9fCivil Procedure in this regard were fruitless~d lett-to my beliefthat our relationship had deteriorated to the point that we could rio longer effectively communicate Mr Gillespie originally filed a Motion to DisqualifyCounsel ~February of2006 The motion was heard and an order denying the motion was entered On May IZ 2006 Mr Gillespie made a motion for r~hearing in December of2006 which was also denied From that time forward yenr Gill~pie wanted me to continue to present the same atguments that ha4 already been denied by the eourt

TI1roughout ~y fqJresentation ofMr Gillespie he suggested that I 8ttemp~ to get middotMr Rodems d~~qualified as ~ounsel for Defendants It became apparent that Mr Gillespie had a severe dislike ofMr Rodems andwas upset that the Court had denied his original motion in this regard This is further evide~ced by Mr Gillespies extensively explained lrguments for disquaIific~tiQn ~fmiddotMr Rodems that are contained in his grievance against me These are the samearguDJen~ th~t were made in support of the February 200~ motion 81idodenied Since then there haye b~i1 no novel arguments to support Mr R9dems disqualification When I attempted to explain thisto Mr~ Gillespie he became enraged and insisted that his legal an81Y$isofttie issue was sacrosancf~

6 Failure to ~eal9~slydefend against sanctions

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 16: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

f 1

~~~t is 2010 Jlage 6of10 Lette( tomiddotMr Kitchen

Tbe cIahna relative to the Section 57105 sanctions all originate from a time prior to my representation ofMr Gillespie I atteinpted to res~lve the issues surrounding those sanctions and rcpresent~ him in the heaPng relative to that motion The Judge however did not find that the middotfact that Mr Gillespie was a pro se litigant excused him from compliance with the rules especiallywhen he was advised by opposing counsel that his actions givlng rise to the sanctions w~e impr~per and given numerous opportunities ~o correct them Th~ transcript ofthe July 3

i 2007 bearing on Defendants Amended Monon for Sanctions Pursuant to sect 57](gt5 Florida Statues is available upon reql~st and serves as a good barometer ofthe efforts I undertook to corr~ct the issues caus~d by 1v~r Gillespie i~ this matter The Honorable Judge Barton II as part ofhis order granting sanctiong against Mr Gillespie stated The way in which Mr Gillespies side middothas beenprese~~ed today -- with a high degree ofprofessionalism and confidence reflects the wisdom [ofretmning counsel in this matter]

I b~Iievethat th~ statement ofthe courtspeaks for itselfwith respect tomy ~epresen~ation

ofMr G~ltespie ~ the-aforementioned hearing Mr Gillespie erroneously believes as me~tio~ed earlier that there Wag a way for me to mitigate the fees incurred by opposing counsel ~a result ~Mr Oillespi~s frivolous claims For more than eleven mon~s Mr Gillespie r~fused to withdraw the frivolous responses to theDefendants counter-claim In his grievance ~gainst me h~ still E~serts fuat the counter-claim constitutes abuse qfprocess Because Mr Gillespie refused to withdraw th~ responses BRC was required to prepQre a motion to dismissnotice the hearingvprepare and deliver the arguments in support oftheir motion

Clear~y b~ause the response had already been deemed frivolous by the Court there was very littl~ room for argutlent that BRC was not entitled to their fees Mr Gillespie is too personally involved ~ this matter to understand the requirement of the Rules ofCivil Procedure in this regard and does Dot understand thatmiddot the claimshe forwarded are inappropriate responses in an answer-to acounter-claim for libel

7 Failur~ to infQnD contrary tp Rule 4-14(a) 01

Soon after my representation ofMr Gillespie began he became ho~tile towards my staff Mr Gi~lespie on numerous occasions~ acted hostilely towards mymiddotstalfwhile attending meetings at myoffice (See Affidavit ofijeverly Lowe ExhibifD) He also expressed displeasure that he was being billed for time spent by my law clerks and paralegals in coJUlectlon with-his case While the billing practices employed duriitg the scope ofour representation ofMr Gillespie fell within themiddotfee agyeetDent he siped (Exhibit B) I advised my staff that they were no longer to workQn his case in an attempt to appease him

-Because my staffwas ~Cmoved ~om hjs case -th~y did not follow oUr sUpldard operating proceduresili regards to Mr ~Gj~lespies documents As such he was not provided with the Fact InformatiQ~ Sheet ~equired to b~ filled out in connection with the Final Judgment ordered against him on Match 27 2008 This was ~ ovetsight for which I apologized to Mr Gillespie oPpo$ing OOUD$cl and the Court in theIett~ d$ted July 24 2008 (Exhibit 1(j ofMr (Hllespies grieyan~e) ~I 1

~

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 17: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

August 182010 Page 7 oflO Letter to Mr Kitchen -

~is Ietter i~ evid~nc~ oflgtoth my propensity as a hum~ being to make a mistake and my commitment to the notions ofJustice ~d e~ics I fully admitted and took responsibility for this mistake in 2008 and worked to ensure that it did not biasmy middotclient The ludge did not sanction Mr~ 9illespie for contempt and agreed n~t to do so ifMr Gillespie submitted the Fact Information Sheet ~ithin ten days Mr Gillespie is confused as to the Courts retentionof juri~dictiob as the F~ct Information Sheet has been properly filled out there were no further sanctions imPQs~ ~ I regret my oversight in this matter However to err is human and I dont believe that the Rules ofProfessional Conduct contemplate an attorney being more than that

8 Failure to zealously stay the Final Judgfuent

Mr~ Gillespies milial response to the Final Judgment orderedagainst him was to appeal He asked several times that I initiate such ac~ion but there was not a good and suffi~ient basis to do so Be~use e~f~cement ofjudgments is done eX parte it was not possible forme to know what actio~s Mr Rodems was taking in that regard Upon learning that Mr Rodems intended to Pl9ceed with gatnJ~hment I fiJ~ ~ emergency motion for stay At this hearingthe judge agreltd to stay the j~dgment and requested that we post abond I explained to Mr(Jillespie that ifwe wereable to get his case before ajury he had agood possibili(y ofb~ng awarded a judgment that could act as a setoff against the judgment that was already mitered against him He refused~ however to post 8 bond with the court This refusal resulted in further collection efforts agahtst him

Chapter 77 Florida St8tutes specifically provides that the judgment credItor is not ~equired to notice th~ judgm~t debtor ofa garnishment until after the response ofthe garnishee hasbeen received Because Mr Gillespie was unwilling to post a bond there was little] could do to defend against an action that I was statutorily not entitledto notice ofmitii after the action had already commenced

9 Withdrawal-as CoUnsel

As stated previously the relationship between Mr Gillespie middotand I lJ~e strained soon after I made my app~ance inmiddot his case Mr Gillespie haddifficulty understandingand accepting the pr()ced~ $t~ps ~at were necessary to advance his claim When I expl8ined ~o hiJD ~at the proceduresthat hemiddot$uggest~ were n~t appropriate within the Rules ofCivil Pro~lIrehe became frustrated and ~8Qgry~

middotFo~ re~ons ~clear to me Mr Gillespie also be8JJ)e hostile towards my staff and often questioned their qualifications This made communication with middotMr Gillespie even more ditli~ult ~ actualitY many oftho~e individuats listed atp~ge 3 ofMr Gillespi~~s grievanQe are no~middotmembers of ourprofessio~land the Florida Bar lfeelit is our duty as Bar Members especia11yi~ GBinesville middottohelp train our future colleagues and ~ such I have C9~tinua11y employedlawclerks while they are atte~ding theUniversity of~lorida Levin Colege ofLaw It was due to Mr Gil~espies unwillingness t~ treat mystaffwith respect co~pled with ~s frustration and inability to commUnicate ~ffectively with me that I (elt it DeCcentsS~Y t~ ~U1dra aShis Counsel in this maiter (See Exhibit 0) My MOtion was heard and crinsiderrJ by ~u~ge

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 18: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

AugUst 18 2010 Page 8 oflO ~er to Mr Kitchen

Barton who agreed with me ampld granted the motion

Furthermore the issues surrounding communication between Mr Gillespie and I had nothing tOj do with hi~ disability As a review ofthe communications and transcripts in his case ~ows Mr Gillespie is a very capable individual and ifhe has difficulty expressing himself it is not appar~t to those with wh~ni he is speaking Our ina~ility to effectively conlmunicate was predicated on Mr Gillespies desire to dictate the legal and proceduralmiddotmethods ofhis represent8~ion Wh~ hi~ strategies and ideas were in contradiction ~ith what ~~ permitted by the Rules cgtfCivil ~rocedurc end professional ethics he was unable or unwilling t~ accept it and would project his frustration onto our relationship Oue office made ~l~y concessipDs to accommodate Mr~ Gillespies demanding communication requests For example we agreed to have all te1qlho~e conversations recOrded so that he could have them uanscribed and included in his recocent~ However clespitc ()ur efforts communication continued to deterio~~e

10 Appeals Court Misoond1Kt

a Mr Rod~s aVpea1 was lased on aposition supported with legal Precedent While I dId pro-rlail Mr Rodems claims were not without merit and certainly did not rise to the level of frivolity suffi~ent to justify Section 571OS sanctions against him Unfortunately Mr Gillespi~ made a very Ia-ge legal blunder in voluntarily dismissing his claims against BRC Due to this error I had to take signifiQatlt steps to reinstate the c)~ims The statute oflimitations had iolled and but fcirmiddotmymiddotactiltJns on his beha1~ Mr Gillespie would have no viable causes of action ~9day r

- I

b ASI stated earli~ Mr Gillespie w~ adamant about appealing the Final Judgment I e~jained to him that an appeal was not appropriate but he proceeded to filethe appeal anyway without my knowltdge or assistance Despite this I Pl~ared and filed a briefon his behalfin order to protect his legal position as mucl as possible A reply briefwas not necessary so one was not filed~ It is impo11ant to point out the dichotomous instructions that I often received from ~rmiddot Gillespie in situations like this one lie has complained that-J billedhUn too miich without making satisfactory advances in hiscase however he often desiredme to take action that wasmiddotnot only unnecessary or inappropriate butalso feeindUdng When I wouldmiddotchoose not to do so as inmiddot ~e case offiling a reply brief he was unhappy with middotmy representation Conversely when I would attend a hearing he felt the time it took me to drive middotto Tampa or prepare for the hearing was too much and was unhappy wi~my representation

11 WithdIaw81 and pro se response

Mr~Gill~pies Correspondence to the court dated October 1 2009 that is referenced ~ paragraph 11ofhis grievance s~es as a better ~xample ofwhy it was ~ecessary for me to withdraw as his counsel than 81lything I could say to you in support ofmy motion for

n

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 19: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

I JI middot August 18 2010 Page90flO Letter to Mr Kitchen

withdraw~ As you can see from the four-comers ofthis correspondence Mr Gillespie was contempoaneously upset that I had billed too many hours on his case and upset that I had not taken more actidn~ The conflicting nature ofhis requests made it necessary for me to withdraw as h~s coupseI Clearly the fcelings intimated by Mr Gillespie in this correspondence to the court sho~ the impossibility of an attorney-client relationship continuing I have attached this correspondence as Exhibit C

12 RespOnsetoAllegations bfFraud

Mr Gillespi~ pointS to a letter I wrote to Governor Crist endorsing Mr Rod~s for considera~on as aju4~cialnominee as eviden~ ~at I committed fraud I told~ Giilespie at the outset ofmy rep~~sent~ion that ifwe can survive summaryjudgment and get in front ofa jury they ~Quld loi~ to punish a slimy attorney This was in regards to his claims against BRC and ~is accusa~ions that they lied to hi~ This ~mment is true today as it was then jurys havedist~te for attorneys tliat are unethical and Mr Gillespie alleged just that FU1hennore the comment was based on Mr Gillespies claims against Mr Cook not Mr Rodems

Within the scope ofhis representation ofBRC in this matter Mr Rodems conducted himselfas an honorable and ethical officer ofthe court At no time did I find his behavior to be unethical ~though we were engaged in litigationthat was very contentious Mr Rodems was at all times cPrdial and professional and treated me with dignity arid respect I found Mr Rodems to be a coJPpetent and skilled attorney with all ofthe intangible qualities ofcharacter that we look for iri m~bers ofour profession and Jtope to find in those seated on the bench nerefore I was pl~ed to ~te the letter attached to Mr Gillespies grievance when asked

ill RESPONSE TO OTHER ALLEGATIONS NOT COVERED BY RULES 9F PROFESSIONAL CoNDUCT

In addition to the foregoing complaints~ Mr Gillespie made a number of~QCusations While they do not allege a role violation orany misconduct they do impugn my character ~4

asmiddot such 1~li brietly respond to them

Mr~ Gillespie clearly enjoyed ~e opportunity to litigate this case pro see When it came time to turn over his representation however he became frustrated with his loss ofcontrol over the specifi~actio~staken~ Mr Gillespie always appeared to me to be an intelligent man but-he did not ~tt~nd law school and other than one or tWo paralegal courses has no legal training Frankly Mr Gillespie often want~to give legal suggestions and advice wi~outsutHcient knowledgd to middotdo so fie ~ntinuouslyrequested that -I take actions that were inapproppate and would give rise to li~~ilitY on both ~f bur parts

Mr4 Gille$pi~ wish~ to be involved in all ofthe minute pro~ural aspe~ ofhis case and 88 suc~ representation ofhim became difficult He madethreats to my office staffand did not wish to have my law clerks work o~ his case At the same tim~ however he~ec8Jne ~gitated ifi would bill for research or other tasks that he did not wish me to delegate I tried

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481

Page 20: Eugene P Castagliuolo Response, Florida Bar Complaint Aug-30-2012

Aupt 182010 Page tooflO Letter toMr Kitchen

numerou~ ~~ to addresS these issues with Mr Gillespie in an attempt to reach an accord By October of2008 o~relationship was such that my repr~sentationofhim was no longer possible

Mr Gillespie claims that I accomplished little inmy representation ofhim I believe a review ofthe c~se proves otherwise I wasmiddot successful in reestablishing his claiJns against BRC atJd in seduringa st~y of the final judgment against ~m ~is was done despite Mr Gillespies cntinuollsundennining of~y effo~ Please recall that Mr Gillespie had made several serious legal errots including dismissing his claimsmiddotafter the expiration ofthe statUte of limitations and w~th counter-claim~ still pending

~e cl9sing paragraph ofMr Gillespies grievance is in my view telling ofhis motives Prior to fi~ing Mr tJillespie asked that I cancel his bill He threatened to file this grievance if I did n9t agree to hisdemands Mr Gillespie signed a fee agreement wherein he a~ees to the ho~ly rat~ at ~hich he was charged My offiCe conducted the work billed to Mr Gillespie as per the tmtms ofhis agreement and I was not going ~o conduct this work without compensation based upo~ threats oCtlris nature MrOillespie has filedfive ifnot more grievances in this matter and appears to use them as his own form of leverage shy

At~the time I un~ertook his representation Mr Gillespie had no viable claims on which to base a Contingency fee agreement He came to me because he needed an attomey to defend against th~ claims that had been levied against him I did 80 and was ampIso able to revive the claims ag~nst BRC t was up front with Mr Gillespie about the possible costsofthis litigation from the ~~ginning and advised while I c~uld not anticipate the cost it would lampely be at least $18000 Jt is apparent to me that Mr Gillespie is using the Florida Bars formal complaint s~cture as his personal counsel in trying to leverage areturit ofthe fees th~t I earned in prosecutingand defending ClailtlS during my representation ofhim I hope that upon revie~ of the foregong the same is appMent to you Additionally I hope it is apparent that at all tim~s I

d~gmiddotmYjlepr~ei1tati0n ofMc Gillespi~ i conducted myselfwith ~fession~ism dignity and I

WIthin the~bo~ds of~e Rules ofProfessloilal Conduct If I can proVIde you With any further infonnation please feel free to contact me I

CERTIFICATE OF DISCLOSURE I

I HERE~Y CERTIFY thatJl1 this 18~ daymiddotof August2010 a tru~ cOpy of~e flt-regoing disclosUre was furnishedmiddot to~ DaVid M Sams a member ofthe law finn of TheLa~ Office ofRobert W Bauer PA With which I was associated at the time ofthe I

act(s)giving rise to the complaint in The Florida Bar File No 2011~OOP73(8B) ~ I

II i I I

-wauer~ II

I

co Neil J~ Gillespie S092SW 115th Loop Ocala Florida 34481