Bar Complaint Barry Rodney Davidson-Jan-14-2014

8/13/2019 Bar Complaint Barry Rodney Davidson-Jan-14-2014

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THE FLORIDA BAR651 EAST JEFFERSON STREET

JOHN F HARKNESS JR. TALLAHASSEE FLORIDA 32399-2300s 850) 561 5600EXECUTIVE DIRECTOR www.FLABAR.ORG

February 4, 2014

Mr. Neil J Gillespie8092 SW 115th LoopOcala, FL 34481Re: Mr. Barry Rodney Davidson; RFA No.: 14-12888Dear Mr. Gillespie:Your inquiry concerning the above-referenced attorney has been referred to me for my review.

After careful consideration, I conclude that the matters referenced in your inquiry do notconstitute violations of tIle Rules of Professional Conduct, and accordingly, your inquiry doesnot fall within the purview of the grievance system framework. Consequently, I have closed ourrecord in this matter. Please be advised that my action does not preclude you from consultingwith private counsel, nor does it preclude you fronl exercising any legal remedy which may beavailable to you.Pursuant to the Bar s records retention schedule, the computer record and file will be disposed ofone year from the date of closing.Sincerely,

u / r dtvShanee L Clark, Bar CounselAttorney Consumer Assistance ProgranlACAP Hotline 866-352-0707cc: Mr. Barry Rodney Davidson


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Mr. Neil J. Gillespie8092 SW 115th LoopOcala, FL 34481

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TH FLORIDA BARINQUIRy COMPLAINT FORM

PART ONE (See Paee 1 PART ONE - Required Infornlation.):Your Nanle: Neil 1 Gillespie Attorney s Name: Barry Rodney DavidsonOrganization: none Address: 1111 Brickell Ave. FI 25Address: 8092 SW 115th Loop City: Miami State:City: Ocala State: FL Zip Code: 33131 Telephone: 305-810-2539Zip Code: 34481 Phone: 352-854-7807Email: [email protected] Reference No. none

PART TWO (See Paee 1 PART TWO - Facts/Alle2ations.): The specific thing or things am complaining about are:See attached complaint letter

PART THREE (See Page 1 PART THREE - Witnesses.): The witnesses in support of my allegations are: [see attachedsheet].

PART FOUR (See Page 1 PART FOUR - Signature.): Underpenalties ofperjury I declare that theforegoing facts aretrue correct nd complete.


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VIA UPS No. 1Z64589FP297361600 January 14, 2014

Theodore P. Littlewood Jr., Bar Counsel

Attorney Consumer Assistance Program

The Florida Bar

651 East Jefferson StreetTallahassee, FL 32399-2300

RE: Complaint against Barry Rodney Davidson, ID Number 107678

Dear Mr. Littlewood:

Please find enclosed my ethics inquiry for Mr. Davidson for violation of the Rules of

Professional Conduct. In addition, Mr. Davidson violated F.S. 837.06, False official

statements. Mr. Davidson falsely stated in his letter to you January 8, 2014, page 2, that I,

named as apparent parties Former President Jimmy Carter and the United Nations

in Petition No. 13-7280. President Cater and the United Nations are not parties.

837.06 False official statements.Whoever knowingly makes a false statement in

writing with the intent to mislead a public servant in the performance of his or her official

duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.

775.082 or s. 775.083.

Enclosed is the List of Parties page iv from Petition No. 13-7280, that shows President Carter

and the United Nations as Observer because the rules do not provide for a List of Observers.

Observer: Request to President Jimmy Carter for an observer, due to fraud or impairment of

Petition No. 12-7747, a legitimate government activity (18 U.S.C. 371), deprivation of rights

under color of law (18 U.S.C. 242), and conspiracy against rights (18 U.S.C. 241).

Observer, Urgent Appeal: Protection from Persecution: Special Rapporteur, Independence of

Judges and Lawyers, U.N. High Commissioner for Human Rights, and the Special Rapporteur,

Disability, United Nations Enable, Secretariat for the Convention on the Rights of Persons with

Disabilities, for protection from political persecution, and for an observer, due to fraud or

impairment of Petition No. 12-7747, a legitimate government activity (18 U.S.C. 371), etc.

Mr. Davidsons full paragraph with the above quotes is set forth here,

Finally, while it does not relate directly to the merits of the complaints by Mr. Gillespie I

do think it relevant in regard to credibility to note that he has: 1) petitioned the US

Supreme Court, Petition No. 13-7280, concerning remand of his attempt to move the

foreclosure to Federal Court and named as apparent parties Former President Jimmy

Carter, Florida Attorney General Pam Bondi, and the United Nations. The Florida Bar is

also suggested as a "cross-party." 2) filed an "Appeal" to the United Nations on October


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Theodore P. Littlewood Jr., Bar Counsel January 14, 2014

Attorney Consumer Assistance Program Page - 2

25, 2013 seeking protection from political persecution in the United States from The

Florida Bar, the law firm of Ryan et al, U.S. Judge Terrell Hodges and Florida attorney

Eugene P. Castagliuolo. 3) petitioned the US Supreme Court in regard to proceedings in

the Thirteenth Judicial Circuit of Florida, Petition No. 127747 and 4) he is subject to

investigation by the Florida Bar for UPL in matter number 20133090-5.

Petitioning the US Supreme Court is not a negative in regard to credibility as claimed by him,

but is evidence of lawfully seeking a redress of Grievances under the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the

free exercise thereof; or abridging the freedom of speech, or of the press; or the right of

the people peaceably to assemble, and to petition the Government for a redress of

grievances

Mr. Davidson is using The Florida Bar complaint process to violate my First Amendment rights,

and therefore my civil rights. So here we go again with another attorney engaged in political

persecution of me for lawfully seeking redress and working peacefully within the system.

Likewise, my urgent appeal to the United Nations October 25, 2013 was completely justified.

Florida Attorney General Pam Bondi was served notice of a constitutional challenge to a statute

pursuant to Rule 5.1, F.R.C.P., and Title 28 U.S.C. 2403. Here, Mr. Davidson appears to be

complaining that I followed the law, or that my compliance with law is somehow untoward.

On information and belief, Mr. Davidson violated,

RULE 4-3.1 MERITORIOUS CLAIMS AND CONTENTIONS

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless

there is a basis in law and fact for doing so that is not frivolous, which includes a good faith

argument for an extension, modification, or reversal of existing law.

RULE 4-3.3 CANDOR TOWARD THE TRIBUNAL

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

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

material fact or law previously made to the tribunal by the lawyer;

(4) offer evidence that the lawyer knows to be false.

RULE 4-3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL

A lawyer shall not:

(b) fabricate evidence,

RULE 4-3.5 IMPARTIALITY AND DECORUM OF THE TRIBUNAL

(a) Influencing Decision Maker. A lawyer shall not seek to influence a judge, juror, prospective

juror, or other decision maker except as permitted by law or the rules of court.


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RULE 4-4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS

In the course of representing a client a lawyer shall not knowingly:

(a) make a false statement of material fact or law to a third person; or

Attorney is an officer of the court and an essential component of the administration of

justice, and, as such, his conduct is subject to judicial supervision and scrutiny.State ex rel. Florida Bar v. Evans, 94 So.2d 730 (1957).

As an attorney, Mr. Davidson must comply with the Rules of Professional Conduct,

including candor before the tribunal, as described in the Florida Bar Informational

Packet, Candor Before The Tribunal. The lawyer's duty not to assist witnesses, including the

lawyer's own client, in offering false evidence stems from the Rules of Professional Conduct,

Florida statutes, and caselaw.

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

knows or reasonably should know is criminal or fraudulent.

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

falsely.

Rule 4-8.4(a) prohibits the lawyer from violating the Rules of Professional Conduct or

knowingly assisting another to do so.

Rule 4-8.4(b) prohibits a lawyer from committing a criminal act that reflects adversely on

the lawyer's honesty, trustworthiness, or fitness as a lawyer.

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

deceit, or misrepresentation.

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

administration of justice.

Rule 4-1.6(b) requires a lawyer to reveal information to the extent the lawyer reasonably

believes necessary to prevent a client from committing a crime.

Rule 4-3.3(a)(2), requires a lawyer to reveal a material fact to the tribunal when disclosure is

necessary to avoid assisting a criminal or fraudulent act by the client, and 4-3.3(a)(4) prohibits a

lawyer from offering false evidence and requires the lawyer to take reasonable remedial

measures when false material evidence has been offered.

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

in a violation of the Rules of Professional Conduct or law and permits the lawyer to withdraw

from representation if the client persists in a course of action that the lawyer reasonably believes

is criminal or fraudulent or repugnant or imprudent. Rule 4-1.16(c) recognizes that


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notwithstanding good cause for terminating representation of a client, a lawyer is obliged to

continue representation if so ordered by a tribunal.

Florida caselaw prohibits lawyers from presenting false testimony or evidence. Kneale v.

Williams, 30 So. 2d 284 (Fla. 1947), states that perpetration of a fraud is outside the scope of the

professional duty of an attorney and no privilege attaches to communication between an attorneyand a client with respect to transactions constituting the making of a false claim or the

perpetration of a fraud. Dodd v. The Florida Bar, 118 So. 2d 17 (Fla. 1960), reminds us that "the

courts are . . . dependent on members of the bar to . . . present the true facts of each cause . . . to

enable the judge or the jury to [decide the facts] to which the law may be applied. When an

attorney . . . allows false testimony . . . [the attorney] . . . makes it impossible for the scales [of

justice] to balance." See The Fla. Bar v. Agar, 394 So. 2d 405 (Fla. 1981), and The Fla. Bar v.

Simons, 391 So. 2d 684 (Fla. 1980). To permit or assist a client or other witness to testify falsely

is prohibited by F.S. 837.02 which makes perjury in an official proceeding a felony, and

by F.S. 777.011 which proscribes aiding, abetting, or counseling commission of a felony.

Mr. Davidson has falsely accused me of,


in Petition No. 13-7280. President Cater and the United Nations are not parties. Mr. Davidson is

guilty as set forth herein.

One of the considerations Bar Counsel must weigh in deciding whether to proceed further to

seek disciplinary measures is the weight of the available evidence. Here, Davidson said I


in Petition No. 13-7280. President Cater and the United Nations are not parties.

If the Bar seeks to discipline the lawyer, it is required by Supreme Court ruling to show, by

"clear and convincing" evidence that there has been a violation of one or more of the Rules

Regulating The Florida Bar. Here, Davidson said I,


in Petition No. 13-7280. President Cater and the United Nations are not parties. Clear and

convincing evidence has been defined as "evidence so clear, direct and weighty and convincing

as to enable [the factfinder] to come to a clear conviction, without hesitancy, of the truth of the

precise facts in issue." Here, Davidson said I,



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HUNTON WILLIAMSLLPHUNTON& SABADELLFINANCIALSUITE251111 BRICKELLAVENUEILUAMS FL 33131

TEL 305810-2500FAX 305 810 2460BARRY R. DAVIDSONDIRECTDIAL:305810-2539EMAlL: [email protected]

January8, 2014 FILENO:VIAOVERNIGHT ANDUSMAILTheodoreT.Littlewood,Jr.,BarCounselAttorneyConswnerAssistanceProgramTheFlorida Bar651 EastJeffersonStreetTallahassee,Florida 32399-2300Re: ComplaintbyNeilJ. GillespieagainstDanielle NicoleParsons TheFloridaBarFileNo.:2014 ..30,525(9A) DearTed:As youknowfrommypreviouslettero December20,2013,myfinnand IrepresentDanielleNicoleParsonsandparalegalYolanda I.Martinezinregard to theabovereferencedComplaintsubmittedbyNeilJ. Gillespie. The followingconstitutes theresponseonbehalfo Ms.Parsons. Asreferencedinmypreviousletterandasdiscussedwithyou,aresponseonbehalfo Ms.MartinezisproperlydueinregardtoanyUPLcomplaintlodged. Infact,onDecember24,2013,BranchUPLCounselGhuniseCoaxumwroteMs. Martinezregarding UPLinvestigation,CaseNo. 20143031(9A). Acopyo Ms. Coaxum'sletterisenclosedas isacopyofnlYresponse. Iexpectto respondtoMs. Coaxum'sspecificquestionsbymailtodayortomorrowandwillnotfurtherdealwithMr. Gillespie'scomplaintsregardingMs.Martinezinthisresponse.ReducingMr. Gillespie's23 pagecomplaintto itsessence,he iscomplainingaboutseveralscrivenerserrorsrelated to theforeclosurecomplaintfiledagainsthimandothers.1 While

1Theclaimso Mr.GillespierelatingtoconductintheFederal Actionhecreatedby removingthe foreclosurearealsowithoutmerit. He cOlnplainsthatMs. Parsonsmisrepresentedthedate thathehad filed his motionto dismissby twodays,February6, 2013 insteado February4,2013. Noprejudiceisshownforthemisunderstandingby Ms. r s o n s ~ Theclaimo expartecOlnn1unicationbyFederalJudicialOfficers is particularlyinappropriatebecause it isbasedon apurportedmisunderstandingo theFederalCM ECF filingproceduresandthenbeliedby Mr.Gillespie inhissubsequentdiscussioninwhichit isobvioushe understandsthesystem-SeeSectionVI o hisBarcomplaint.


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HuNroNWILLI MSJanuary 8, 2014Page 2these errors are regrettable, they certainly do not rise to the level o violation o any Florida Barrules governing lawyer's conduct. Equally important they have not prejudiced Mr. Gillespie inany way as he has a complete and accurate understanding o tIle foreclosure against him asshown in his State Court Motion to Dismiss attached to his Bar complaint as Exhibit 18.The first error about which Mr. Gillespie complains is labeling the case a commercialforeclosure on the 1.997 cover sheet and he "speculates this dishonesty was to make difficultasserting consumer defense claims". Not only is this sheer speculation but it is totallyunfounded simply put civil Cover sheets do not circumscribe the boundaries o pleadingcomplaints do.Next, because o mislabeling o exhibits referenced in paragraph 2 o the foreclosure complaintas Exhibits A and B but mistakenly labeled Exhibits 11 and 12 he claims that Ms. Parsonsverification o the complaint together with a verification by Debbie Sims, vice-president o theforeclosure plaintiff Reverse Mortgage Solutions, Inc. constitute violation o Rule 4-3.3 inregard to Parsons, fraud on the court by Sims and again a violation o many Bar Rules forsubmission o the verified complaint by Ms. Parsons with the purported false statement by Ms.Sims. Again, these are scriveners errors and resulted in no prejudice whatsoever to Mr.Gillespie in the foreclosure action and certainly do not constitute violation o Bar Rules. Thesame conclusion applies to the failure to label the relevant assignment o the mortgage asExhibit C as recited in paragraph 3 o the foreclosure complaint. The relevant assigmnent wasattached but not so labeled.

also acknowledge receipt o your letter o December 23, 2013 with the additionalcorrespondence from Mr. Gillespie. I do not believe his submission has any relevance to hisoriginal complaint and therefore see no need to respond to this submission.Finally, while it does not relate directly to the nlerits o the complaints by Mr. Gillespie I dothink it relevant in regard to credibility to note that he has: 1) petitioned the US Supreme Court,Petition No. 13-7280, concerning remand o his attempt to move the foreclosure to FederalCourt and named as apparent parties Former President Jinuny Carter, Florida Attorney GeneralPam Bondi, and the United Nations. The Florida Bar is also suggested as a "cross-party." 2)filed an "Appeal" to the United Nations on October 25, 2013 seeking protection from politicalpersecution in the United States from The Florida Bar, the law firm of Ryan et ai, U.S. JudgeTerrell Hodges and Florida attorney Eugene P. Castagliuolo. 3) petitioned the US SupremeCourt in regard to proceedings in the Thirteenth Judicial Circuit o Florida, Petition No. 12-7747 and 4) he is subject to investigation by the Florida Bar for UPL in matter number20133090-5.


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HUNTON&WIlLI MSJanuary 8, 2014Page 3In conclusion, while the scriveners errors discussed were certainly not appropriate, theyunmistakably caused no prejudice whatsoever to Mr. Gillespie in the foreclosure action andcertainly do not constitute violation of the Bar Rules Governing Attorney conduct. This mattershould be dismissed. fcourse, I am available for any questions you may have.The Certificate of Disclosure signed y Ms. Parson will be forwarded to you directly by Ms.Parsons.Cordially yours,

Barry R. Davidson

Enclosurescc: Complainant: Neil J. Gillespie

8092 SW 11S th LoopOcala, FI 34481Email: [email protected]

Documents

Bar Complaint Barry Rodney Davidson-Jan-14-2014