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Part of Florida Bar complaint filed by Michael Pinson against attorney Paul Phillips.
Part of Florida Bar complaint filed by Michael Pinson against attorney Paul Phillips.

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Published by: Michael Robert Hussey on Dec 12, 2013
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12/12/2013

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Michael
 Pinson
146DunbarAve#D
Oldsmar,FL 34677
(813) 855-3663
 office
Pinson@PinsonCommunications.com
VIA FEDERAL EXPRESS
July
 2, 2012The Florida BarAttorney/Consumer Assistance Program (ACAP)651 East
 Jefferson
 StreetTallahassee,
 FL
 32399-2300
RE:
 Formal complaint
 of
 misconduct against attorney Paul Phillips,
 FL Bar
 #41888
Dear Ladies
 and
 Gentlemen,The
 factual
 basis for this complaint arises
 from
 attorney Paul Phillips
 fraudulent
 willful
 andcontrived misrepresentations.In July
 2010,1
 contacted attorney Paul Phillips for legal advise regarding a blogger who wasrelentlessly harassing and
 defaming
 me and my company online.
 After
 consulting with Mr.Phillips and disclosing privileged and confidential information regarding my case with him, headvised
 me
 that
 I had no
 case
against
 the
 perpetrator
 of
 these illegal acts
 and he
 attempted
 to
dissuade me
 from
 pursuing
 further
 legal action against the blogger. Months later, I learned thatMr. Phillips had deceived me, intentionally made
 false
 statements and
 failed
 to disclose a
 conflict
of interest he held with the blogger, whom is now his client.The allegations here regarding attorney Paul Phillips are summarized as
 follows:
1.
 Numerous, Multiple and Repeated Instances of Unprofessional and Unethical Behavior2. Acts of Moral Turpitude including Extortion, Dishonesty,
 Untruthful
 Means, Lack of Candor3. Representing Conflicting Interests; Failure to Disclose a
 Conflict
 of Interest4. Fraudulent
 Willful
 & Contrived Misrepresentations5. Acted with Oppression, Malice, and Fraud6. Professional Misconduct7. Motivated by Bad Faith or a Conscious Desire to
 Injure
 Me and My Business
 
8.
 Honesty Requirement; Prohibition on Deception
9. Unreturned
 Settlement Payment
 in the
 Amount
 of
 $3,200The allegations are explained below.(1) At the heart of the skills which a lawyer
 offers
 to his client is the exercise of hisindependent professional judgment. Given the realities of the American adversarysystem, a lawyer's total loyalty must be to his client, restricted only by his duty to thecourt and to the law.The
 first
 code of ethics regulating the legal
 procession,
 adopted by the American BarAssociation in 1908, expressly prohibited an attorney
 from
 representing conflictinginterests unless all concerned consented
 after
 a
 full
 disclosure of the
 facts.
 In the 1970Code
 of
 Professional Responsibility,
 the
 American
 Bar
 Association promulgated
 an
 evenstricter, and certainly more extensive, set of rules governing conflicts of interest. Further,
the
 Florida
 Bar
 Association
 has
 adopted disciplinary rules
 and
 ethical considerationswhich generally prohibit a lawyer
 from
 participation in any
 conflict
 of interest situation.It is attorney Paul Phillips undisclosed business and personal interests with liberalblogger and political consultant Peter Schorsch; the individual who invaded my privacy,relentlessly harassed and defamed me, and caused tremendous
 financial injury
 to me andmy business, whom I sought Mr. Phillips advice to take legal action against, so that Icould protect my business
 from further
 degradation, which is the cause of my complaint.(2) In early
 2007,1
 became heavily involved in supporting, then Gov. Charlie
 Crist's
 politicalissues, beginning with the Amendment One campaign. As my role in the businesscommunity in Tampa Bay grew, so did my involvement concerning issues
 facing
 thebusiness community. I was asked by an advisor of the Governor, Republican Party ofFlorida
 (RPOF)
 board member Gregg Truax,
 to
 become involved
 in
 supporting
 theMcCain/Palin
 Presidential Campaign
 in
 2008.1
 was
 asked
 to be a
 surrogate,
 as my
successful
 track record as a business owner placed me in a position to speak out on issuespertinent to the business community in Florida, which was a constituency of particularlyinterest
 to
 Governor Crist.
 I was
 asked
 to be in
 attendance
 at
 press conferences
 and
 eventswith the Governor and vocally support his
 fiscal
 agenda statewide.
(3) In the
 summer
 of
 2009, advisors close
 to the
 Governor began
 to
 court
 my
 interest
 in
supporting Governor Crist's candidacy
 for the
 United States Senate.
 I was
 reluctant
 to
support the Governor, given the terrible
 fiscal
 condition
 Florida
 was in at the time. Ithought it imprudent for a first term Governor to jump ship, during the worst financialdown turn our state has
 faced
 in recent memory. However, the pressure mounted for me
to do
 support Governor
 Crist's
 Senate campaign.
 
 4
5
In August
 2009,1
 was invited to attend a
 fundraiser
 at a private home in St. Petersburg,Florida.
 I
 donated $1,000
 to
 Charlie
 Crist's
 U.S. Senate Campaign.
 I met
 with
 the
Governor privately and was eager to hear his plan to
 lift
 Florida out of the fiscal turmoilwhich had
 engulfed
 nearly every
 profitable
 industry in our state.However, the Governor advised me he had no intention of speaking out on key issues,ideas
 or
 solutions
 to
 help Florida recover. Instead,
 to my
 dismay,
 the
 Governor advised
me he
 just wanted
 me to
 help
 him
 raise more money
 and
 that
 he
 would discuss
 the
 issues
after
 he
 becomes elected
 to the
 U.S. Senate.
 I
 conveyed
 to
 Governor Crist thatbusiness owners wanted detailed solutions, not personal attacks. I recommended theGovernor go head-to-head in detailed debates regarding key issues with
 former
 Speakerof
 the
 Florida House, Marco Rubio.The Governor advised me he would not debate Rubio, nor would his campaign mentionhis name, because he could win the Senate seat merely on the volume of money heplanned to raise.
The
 Governor's discourse
 in
 these matters caused
 me
 great concern. Albeit,
 I was not yet
ready
 to
 close
 the
 door
 on our
 relationship, until
 I
 delved
 a bit
 deeper.
 I had
 several moreconversations with the Governor and his chief advisor, Greg Truax over the next severalweeks.
 I
 began
 to ask
 questions about
 how
 donor money
 was
 being spent
 and the
 answersprovided to me where deeply disconcerting.
 After
 the conclusion of several discussions, Idetermined
 I
 could
 no
 longer support Governor Crist's agenda,
 as it was my
 belief
 the
Governor
 had
 become
 too
 influenced
 by
 corporate interests, lobbyists
 and big
government bureaucrats and he was out of touch with the issues
 facing
 Florida's smallbusiness owners, such
 as
 myself.
 I was
 also concerned about what
 I
 thought could
 be an
illegal misappropriation
 of
 donor monies.In late September
 2009,1
 publicly declared
 my
 support
 for
 Governor
 Crist's
 opponent,Marco Rubio and encouraged my network of 5,000
 Facebook
 friends, family
 membersand business associates to do the same. A tide seemed to have turned away
 from
 theGovernors
 favor.
 I
 made
 a
 video
 to
 share with colleagues
 and
 other small businessowners in my community to explain why I was pulling my support for Governor Cristand endorsing Marco Rubio for the US Senate. The video
 found
 its way onto the Internetand went viral and was picked up by the press. Thirty days
 after
 I endorsed Marco Rubio,Governor Crist lost the GOP straw poll in his own county (Pinellas County) and shortly
thereafter
 announced he was leaving the GOP and continuing his campaign for the
 U.S.
Senate as an independent.
It
 was just shortly
 after
 Governor Crist lost the Republican Primary race and announcedthat he would run as an Independent for the US Senate in March
 2010,
 that a personunknown
 to me,
 political consultant
 and
 liberal
 blogger
 Peter
 Schorsch
 began writing
false
 and defamatory articles about me, my business and posting maliciously
 false
 and

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