RECEIVED, 5/8/2015 4:06 PM, Joanne P.

Simmons, Fifth District Court of Appeal

VIA Email: phill@flabar.org

Paul Hill, General Counsel
ADA Coordinator, The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300

May 8, 2015
I hereby waive confidentiality in this
matter, Neil J. Gillespie

Request for Accommodation Under Americans with Disabilities Act 1990 (ADA), the
ADA Amendments Act 2008, and the Rehabilitation Act of 1973, as amended,
For Counsel Appointment Without Conflict of Interest.
RE: UPL Investigation of Neil J. Gillespie, Case No. 20133090(5)
RE: Complaint Danielle Nicole Parsons, File No. 2014-30,525 (9A)
RE: Neil J. Gillespie vs. The Florida Bar, SC14-1637
RE: Request for Assistance, Curtis Alan Wilson; RFA No. 15-13443
Dear Mr. Hill:
I am in receipt of your email February 10, 2015 that states, followed by my response:
Mr. Gillespie:
My apologies for overlooking your separate accommodation request relating to your
complaint against attorney Danielle Nicole Parsons.
Mr. Hill, I do not believe you overlooked my ADA request relative to my complaint against
attorney Danielle Nicole Parsons, Case No. 2014-30,525 (9A). I believe you stated a falsehood,
conduct involving dishonesty, fraud, deceit, or misrepresentation [Rule 4-8.4(c)], engaged in
conduct prejudicial to the administration of Justice [Bar Rule 4-8.4(d)], and violated, inter alia,
the ADA, ADA Amendments Act 2008, and the Rehabilitation Act of 1973, as amended.
Prior to finalizing my response to your accommodation request in this case, I checked its
status with the Bar's disciplinary staff.
Those personnel confirm that Case No. 2014-30,525 (9A) was closed on January 28,
2015, on a finding of no probable cause.
The January 30, 2015 letter of Patricia Savitz is factually inaccurate. The Florida Bar failed to
address questions of ethics presented in my complaint. Wrong as is, I accept Ms. Savitzs ruling
as final, which decision relinquished jurisdiction of The Bar over legal issues to be adjudicated
by others. Likewise the amended email letter February 10, 2015 of Patricia Savitz.
I enclose a pdf copy of correspondence advising of that outcome -- from Patricia Savitz,
two days later -- which, I am told, was directed to you via USPS to the address shown.
I do not know any other details regarding the postal history of this letter or envelope.
The PDF letter of Patricia Savitz dated January 30, 2015 did not arrive in the mail.

Paul F. Hill, General Counsel

ADA Coordinator, The Florida Bar

May 8, 2015
Page - 2

I request your affidavit, and the affidavit of Ms. Savitz, regarding the postal history of this letter
[and] envelope. Otherwise a reasonable person might conclude you and Ms. Savitz engaged in a
conspiracy [18 USC 241] and/or deprivation [18 USC 242] against rights under color of law.
A reasonable person might also conclude you and Ms. Savitz stated a falsehood, conduct
involving dishonesty, fraud, deceit, or misrepresentation [Bar Rule 4-8.4(c)], engaged in conduct
prejudicial to the administration of Justice [Bar Rule 4-8.4(d)], and violated, inter alia, the ADA,
ADA Amendments Act 2008, and the Rehabilitation Act of 1973, as amended.
Nonetheless, based on the current status of Case No. 2014-30,525 (9A), I would consider
your December 15, 2014 accommodation request as moot.
I hope this information is helpful to you.
No Mr. Hill, I do not consider my December 15, 2014 accommodation request as moot.
You knew or should have known Neil J. Gillespie vs. The Florida Bar, SC14-1637, a public
records matter, was pending on December 15, 2014 and I was not represented. (Order enclosed).
On July 31, 2013 I applied to you under the ADA by email. You knew or should have known I
was entitled to counsel under the ADA in the UPL Investigation of Neil J. Gillespie, Case No.
20133090(5) since May 14, 2013. (Email enclosed). On December 19, 2014 you wrote in part,
Prior to finalizing my response to your December 15, 2014 accommodation request, I
checked the status of UPL Case No. 20133090(5) with Ghunise Coaxum.
Ms. Coaxum confirmed that this case was closed, although a May 5, 2014 certified letter
to that effect and directed to your record address was unclaimed. I enclose a pdf copy of
that correspondence, along with indication of its postal history.
Based on the current status of UPL Case No. 20133090(5), I would consider your
accommodation request as moot.
Mr. Hill, you were wrong not to respond to my ADA accommodation request until the matter
was closed. Your email and attachments are enclosed. I will reply further in a separate letter.
You also knew or should have known my complaint against Curtis Alan Wilson; RFA No. 1513443, filed February 6, 2015, was pending when you sent your email February 10, 2015, and
that I was not represented in that matter either. Attached please find the PDF letter of Teresa
Goodson, Bar Counsel dated February 18, 2015 that reiterates nonsense similar to Ms. Savitz.
Fine, Ms. Goodson/The Florida Bar failed to address questions of ethics presented in my
complaint. Wrong as is, I accept Ms. Goodsons ruling as final, which decision relinquished
jurisdiction of The Florida Bar in this matter to be adjudicated by others.

Paul F. Hill, General Counsel

ADA Coordinator, The Florida Bar

May 8, 2015
Page - 3

I do not believe Ms. Goodson is correct: The Florida Bar is the licensing agency for all
attorneys admitted to practice law in the State of Florida. See, Fla. Const. Art. V, Sec. 15:
SECTION 15. Attorneys; admission and discipline.The supreme court shall have
exclusive jurisdiction to regulate the admission of persons to the practice of law and the
discipline of persons admitted.
I believe The Florida Bar - at best - is limited to the discipline of persons admitted. [The
Florida Bar, an unincorporated association, does not conform to the Constitution and laws of
Florida, or the Constitution and laws of the United States, or Treaties of the United States.]
I am resending the ADA documents you returned to keep on file. It is only a matter of time until
I need accommodation again. And there is the status of Neil J. Gillespie vs. The Florida Bar,
SC14-1637 to resolve. I notified Mr. Tomasino by email April 8, 2015:
Mr. Tomasino, I am in receipt of the Florida Supreme Courts dismissed of petition
SC14-1637, see attached. Craig Waters denied a records request for the DOJ record
notifying Chief Justice Jorge Labarga that it is investigating the mental-health screening
imposed by the Florida Supreme Court on bar applicants. The Supreme Court wrongly
denied a counsel appointment in SC14-1637 required under Fla. Stat. 29.007 Courtappointed counsel, which has delayed my petition, to which I would now add the records
denial of Mr. Waters, and the ongoing records violations of Grace Fagan and the Fifth
Judicial Circuit, and their added requirements not imposed by Fla. R. Jud. Admin. Rule
2.420(m)(1). Would that be a motion for rehearing, with new matters? Thank you.
As of today I do not have a response from Mr. Tomasino.
The following supporting documents are attached:
1.
2.
3.
4.
5.
6.
7.

The ADA: One Avenue to Appointed Counsel Before a Full Civil Gideon (law review)
Social Security Administration disability notice letter August 23, 1993
Social Security Administration disability letter August 1, 2012, no review needed
ER report Hahnemann University Hospital Philadelphia, August 20, 1988
C.A.11-No.12-11213-C Amended Disability Motion - PACER, August 9, 2012
C.A.11-No.12-11213-C Amended Disability Motion - PDF, August 6, 2012 (easier to read)
ABA Journal, Brain injury suspension for lawyer; 'I couldn't stick to tasks (composite)

My ability to function in real-time in a legal proceeding is severely impaired, making court

appearances without counsel impossible. Outside of proceedings I become confused with legal
matters. This disability substantially increases the time needed to complete legal work required
in the case, beyond established time limits, resulting in loss of participation in court activities.

Paul F. Hill, General Counsel

ADA Coordinator, The Florida Bar

May 8, 2015
Page - 4

In the past courts, judges, attorneys, law firms, and court employees have abused their position
of power and dominance over me for advantage, knowing I am especially vulnerable because I
am disabled with mental and physical impairments. This began with Mr. Rodems misconduct
and criminality. It has taken me a long time to unravel the confusion caused by abuse of power.
Unfortunately matters involving me appear to present political questions, and not legal questions
for a court to hear, and therefore are not justicable under the political question doctrine.
Unfortunately it appears the Florida Court system has refused to acknowledge or follow the
ADA Amendments Act 2008. Instead, Florida Courts rely on the out dated ADA 1990. The old
ADA may have sufficed for a represented litigant, but certainly not a disabled pro se litigant.
C.A.11-No.12-11213-C Amended Disability Motion - PACER (251 pages) Scribd
http://www.scribd.com/doc/102585752/Amended-Disability-Motion-12-11213-C-C-A-11
C.A.11-No.12-11213-C; Judge Isom AFFIDAVIT Disability Motion (104 pages), July 30, 2012
https://www.scribd.com/doc/101764386/Affidavit-Conflict-Not-Disclosed-Judge-Claudia-Isom
C.A.11-No.12-11213-C; CM-ECF Notice, Disability Motion (84 pages), July 27, 2012
https://www.scribd.com/doc/102594266/Notice-of-CM-ECF-Prohibition-by-the-District-Court
Right to Counsel, Conflict-free counsel, http://en.wikipedia.org/wiki/Right_to_counsel
Whether counsel is retained or appointed, the defendant has a right to counsel without a conflict
of interest *. If an actual conflict of interest is present, and that conflict results in any adverse
effect on the representation, the result is automatic reversal.[17] The general rule is that conflicts
can be knowingly and intelligently waived,[18] but some conflicts are unwaivable. [19]
*Wheat v. United States, 486 U.S. 153 (1988), conflicts of interest
[17] Burger v. Kemp, 483 U.S. 776 (1987); Cuyler v. Sullivan, 446 U.S. 335 (1980);
Holloway v. Arkansas, 435 U.S. 475 (1978).
[18] See United States v. Curcio, 680 F.2d 881 (2d Cir. 1982).
[19] See, e.g., United States v. Schwarz, 283 F.3d 76 (2d Cir. 2002); United States v.
Fulton, 5 F.3d 605 (2d Cir. 1993).
ADA Amendments Act of 2008, Wikipedia
http://en.wikipedia.org/wiki/ADA_Amendments_Act_of_2008
Americans with Disabilities Act of 1990, Wikipedia
http://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990
Proclamation for the ADA by Chief Justice Canady, 20th Anniversary ADA 1990
http://www.flcourts.org/core/fileparse.php/243/urlt/Proclamation-ADA.pdf
Proclamation for the ADA by Chief Justice Labarga
http://www.floridasupremecourt.org/pub_info/documents/pressreleases/2015/04-10-2015_ADA-Proclamation.pdf

Paul F. Hill, General Counsel

ADA Coordinator, The Florida Bar

May 8, 2015
Page - 5

ADA Information OSCA, Office of State Courts Administration

http://www.flcourts.org/administration-funding/court-administration/ada-information.stml
ADA Information OSCA, Accessibility Statement, The Rehabilitation Act of 1973
http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml
Court urges all bars to get right with the ADA, Florida Bar News, March 1, 2014
http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/06
61ffcdbeb0dffc85257c890046538a!OpenDocument
The U.S. Eleventh Circuit has a duty and authority to make a Non-Criminal Justice Act Counsel
Appointment. The U.S. Eleventh Circuit adopted provisions for furnishing representation for
persons financially unable to obtain adequate representation in cases and situations which do not
fall within the scope of 18 U.S.C. 3006A, as amended -- but in which the court believes that
the interests of justice will be served by the presence of counsel., See Addendum Five, online,
http://www.ca11.uscourts.gov/attorney-info/criminal-justice-act
http://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/RulesAddendum05AUG07.pdf
Sandy DAlemberte, Tributaries of Justice: The Search For Full Access, 25 Fla. St. U. L. Rev 631
http://www.law.fsu.edu/journals/lawreview/downloads/253/dalember.pdf
"Some court opinions hint that access to legal representation in civil cases might be a
constitutional entitlement. footnote 58, See In re Amendments to Rules Regulating The Florida
Bar1-3.1(a) and Rules of Judicial Administration2.065 (Legal Aid), 598 So. 2d 41, 43 (Fla.
1992) (noting that "the right to counsel is no longer limited to criminal cases")."...
American Bar Association (ABA), Civil Right to Counsel, in State Civil Proceedings
http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html
Attached is a three page composite for the ABA Civil Right to Counsel in State Civil Proceedings,
for a counsel appointment to protect an indigent civil litigants due process rights.
If you require anything else, please contact me. Thank you.
Sincerely,

Attachments; Service list, by email only

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net

cc: Clerk of the Supreme Court John Anthony Tomasino

cc: John F. Harkness, Executive Director, The Florida Bar
cc: Ghunise L. Coaxum, UPL Bar Prosecutor
cc: Patricia Ann Toro Savitz, Bar Counsel
cc: Teresa Goodson, Bar Counsel

Page 1 of 2

Neil Gillespie
From:
To:
Sent:
Attach:

"Paul Hill" <phill@flabar.org>

"Neil Gillespie" <neilgillespie@mfi.net>
Tuesday, February 10, 2015 11:19 AM
Gillespie ADA request to The Florida Bar-UPL Case No 20133090(5).pdf; Gillespie ADA request letter
to Paul Hill, ADA Coordinator for The Florida Bar.pdf; Gillespie ADA request to The Florida Bar, re
TFB No. 2014-30,525 (9A).pdf; American Bar Assn. Civil Right to Counsel in State Civil
Proceedings.pdf; 1. The ADA-One Avenue to Appointed Counsel Before a Full Civil Gideon.pdf; 2.
Social Security Admin disability notice letter August 23, 1993.pdf; 3. Social Security Admin disability
letter August 1, 2012, no review needed.pdf; 4. ER report Hahnemann U. Hospital Phila, Aug-201988, 661k.pdf; 5. C.A.11-No.12-11213-C Amended Disability Motion-Aug-09-2012, PACER.pdf; 6.
C.A.11-No.12-11213-C Amended Disability Motion-Aug-06-2012, PDF.pdf; 7. ABA Journal, Brain
injury suspension for lawyer; couldn't stick to tasks (comp).pdf; Letter to Complainant - GC Found
NPC.pdf
Subject: Re: Fw: Gillespie ADA accommodation request to Paul Hill, ADA Coordinator for The Florida Bar
Mr. Gillespie:
My apologies for overlooking your separate accommodation request relating to your complaint against

attorney Danielle Nicole Parsons.

Prior to finalizing my response to your accommodation request in this case, I checked its status with
the Bar's disciplinary staff.

Those personnel confirm that Case No. 2014-30,525 (9A) was closed on January 28, 2015, on a
finding of no probable cause.

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

I do not know any other details regarding the postal history of this letter or envelope.
Nonetheless, based on the current status of Case No. 2014-30,525 (9A), I would consider your
December 15, 2014 accommodation request as moot.
I hope this information is helpful to you.

_______________________

Paul F. Hill

General Counsel
The Florida Bar

651 East Jefferson Street

Tallahassee, FL 32399-2300
850 / 561-5661 (Commercial - Direct)
800 / 342-8060 - Ext. 5661 (Toll-Free - Direct)
850 / 561-9406 Facsimile

5/8/2015

Page 2 of 2

Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.

From: "Neil Gillespie" <neilgillespie@mfi.net>

To: "Paul F Hill" <phill@flabar.org>,

Cc: "Neil Gillespie" <neilgillespie@mfi.net>

Date: 02/06/2015 06:56 AM
Subject: Fw: Gillespie ADA accommodation request to Paul Hill, ADA Coordinator for The Florida Bar

Mr. Hill:
As of today I do not show a response to my ADA request RE: Complaint Danielle Nicole Parsons, File
No. 2014-30,525 (9A).
When can I expect a response from you?
Sincerely,
Neil J. Gillespie
----- Original Message ----From: Neil Gillespie
To: Paul F Hill
Cc: Ghunise Coaxum ; Patricia Ann Toro Savitz ; John F Harkness ; Neil Gillespie
Sent: Monday, December 15, 2014 11:48 PM
Subject: Gillespie ADA accommodation request to Paul Hill, ADA Coordinator for The Florida Bar

5/8/2015

The Florida Bar

John F. Harkness, Jr.
Executive Director

Orlando Branch Office

The Gateway Center
1000 Legion Place, Suite 1625
Orlando, Florida 32801-1050

(407) 425-5424
www.FLORIDABAR.org

January 30, 2015

Neil J. Gillespie
8092 S.W. 115Th Loop
Ocala, FL 34481
Re:

Complaint by Neil J. Gillespie against Danielle Nicole Parsons

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

Dear Mr. Gillespie:

Pursuant to Rule 3-7.4(k), this document serves as a Letter Report of No Probable Cause
Finding. On the basis of a diligent and impartial analysis of all the information available, on
January 28, 2015, the grievance committee found no probable cause for further disciplinary
proceedings in this matter. The membership of the committee is made up of both attorneys and
non-attorneys. This case is now closed.
Because the bar only has the authority to address questions of ethics, the committee could not
address any legal issues about which you may feel concerned.
Pursuant to the Bars records retention schedule, the computer record and file will be disposed of
one year from the date of closing.
Sincerely,

Patricia Ann Toro Savitz

Bar Counsel
PAS/rmp
cc:

Robert J Stovash, Chair

Paul Louis SanGiovanni, Designated Reviewer
Jon Marshall Oden, Investigating Member
Barry Rodney Davidson, via email bdavidson@hunton.com

Mr. Neil J. Gillespie

8092 S.W. 115Th Loop
Ocala, FL 34481

The Florida Bar

John F. Harkness, Jr.
Executive Director

Orlando Branch Office

The Gateway Center
1000 Legion Place, Suite 1625
Orlando, Florida 32801-1050

(407) 425-5424
www.FLORIDABAR.org

February 10, 2015

AMENDED
Via email only neilgillespie@mfi.net
Neil J. Gillespie
8092 S.W. 115Th Loop
Ocala, FL 34481
Re:

Complaint by Neil J. Gillespie against Danielle Nicole Parsons

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

Dear Mr. Gillespie:

Pursuant to Rule 3-7.4(k), this document serves as a Letter Report of No Probable Cause
Finding. On the basis of a diligent and impartial analysis of all the information available, on
January 28, 2015, the grievance committee found no probable cause for further disciplinary
proceedings in this matter. The membership of the committee is made up of both attorneys and
non-attorneys.
The grievance committee reviewed all information and documentation submitted by both you
and Ms. Parsons. The allegations in your complaint involve the civil and federal cases regarding
the efforts to pursue a foreclosure on your home. The underlying litigation is ongoing and
vigorously contested. It is clear from your materials that it remains your position that Ms.
Parsons engaged in unethical conduct during her representation of foreclosure plaintiff, Reverse
Mortgage Solutions, Inc. However, the grievance committee has determined that there
insufficient basis for further disciplinary proceedings regarding the actions taken by Ms. Parsons
in the foreclosure case. Moreover, it would appear that the issues raised in this matter are
appropriate for review and determination by a court of competent jurisdiction assigned to handle
such cases. Accordingly, this case is now closed.
Because the bar only has the authority to address questions of ethics, the committee could not
address any legal issues about which you may feel concerned.

Complaint by Neil J. Gillespie against Danielle Nicole Parsons

The Florida Bar File No. 2014-30,525 (9A)
Page 2

Pursuant to the Bars records retention schedule, the computer record and file will be disposed of
one year from the date of closing.
Sincerely,

Patricia Ann Toro Savitz

Bar Counsel

cc:

Robert J Stovash, Chair via email

Paul Louis SanGiovanni, Designated Reviewer - via email
Jon Marshall Oden, Investigating Member - via email
Frank Harlan Killgore, Investigating Member - via email
Barry Rodney Davidson, via email bdavidson@hunton.com

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WEDNESDAY, APRIL 1,2015

CASE NO.: SC14-1637

NEIL J. GILLESPIE
Petitioner(s)

vs.

THE FLORIDA BAR

Respondent(s)

The petition for writ of mandamus is hereby dismissed on the Court's own
motion based on petitioner's faillire to timely file a proper petition in accordance
\vith this Court's order dated February 25,2015.
A True Copy
Test:

John A.Tomasino
Clerk, Supreme Court

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Served:
ADRIA E. QUINTELA
NEIL J. GILLESPIE

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Page 1 of 3

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

"Paul F Hill" <phill@flabar.org>; "John F Harkness" <jharkness@flabar.org>; "Jan Wichrowski"
<jwichrow@flabar.org>
"Karin Huffer" <legalabuse@gmail.com>
Wednesday, July 31, 2013 2:48 PM
Invoice, Order Amazon completed.pdf; 2013, 07-25-13, Ghunise Coaxum response to NJG.pdf
Americans with Disabilities Act (ADA) Accommodation Request, UPL Case No. 20133090(5)

VIA Email to phill@flabar.org

July 31, 2013

Paul Hill, General Counsel

ADA Coordinator
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
RE: Americans with Disabilities Act (ADA) Accommodation Request
Dear Mr. Hill:
This is a emergency, preliminary disability request made under the Americans with Disabilities Act
(ADA) for the Unlicensed Practice of Law Investigation of Neil J. Gillespie, Case No. 20133090(5),
being investigated by Ghunise L. Coaxum, Bar Counsel.
1. I am disabled and need an accommodation in order to participate in a Florida Bar proceeding or other
Florida Bar service, program, or activity, specifically the UPL investigation, and a referral to counsel
through the Floirda Bar Lawyer Referral Service.
2. The investigation is being conducted by Ghunise L. Coaxum, Bar Counsel.
3. On May 30, 2013 Mr. Coaxum granted me a 30 day extension until July 3, 2013 to respond to his
letter May 14, 2013 seeking a written response.
4. In a letter to Mr. Coaxum June 14, 2013 I sought appointment of counsel, exclusion of evidence,
change of venue, strike the sham Order of Judge Martha Cook entered into evidence, and the
disqualification of Ghunise L. Coaxum, Bar Counsel, from this matter for cause.
5. Mr. Coaxum replied by letter July 25, 2013 (attached) denying the above, but failed to provide safe
harbor to obtain counsel after his denial thereof, or safe harbor to provide a written response. Instead,
Mr. Coaxum stated in paragraph 5 "Additionally, 10-5.1(c) of The Rules Regulating The Florida
provides, in part, that Bar Counsel may refer a file to the appropriate circuit committee for further
review. Accordingly, I have done so and the matter is being reviewed by the local circuit committee."
6. I object to Mr. Coaxums referral without safe harbor to obtain counsel, which I plan to do through
The Florida Bar Lawyer Referral Service, or safe harbor to provide a written response.
7. Mr. Coaxum has a conflict of interest with his private profit making commercial enterprise selling
Florida Bar UPL stories on Amazon.com, while employed by The Florida Bar as a UPL Bar Counsel for
the state of Florida.

8/16/2013

Page 2 of 3

8. Mr. Coaxum has a conflict of interest with me and his private profit making commercial enterprise
selling Florida Bar UPL stories on Amazon.com. On June 3, 2013 Mr. Coaxum sold me "Paralegals in a
law office and the unlicensed practice of law.(UPL Update): An article from: Florida Bar News" for
$5.95, Amazon.com order number: D01-4381574-8524851. A copy of the completed order is enclosed.
9. Mr. Coaxum, in his letter to me July 25, 2013, wrote on page 2, last paragraph:
"You assert that I did not respond to your unlicensed practice of law complaint against Mr.
Rodems. As Mr. Rodems is a member of The Florida Bar, he would not be considered a
nonlawyer as defined in The Rules Regulating The Florida Bar. Your issue with Mr.
Rodems, and conduct in the federal court action in which you were involved, should be
handled through the court system by way of an appeal of the court order."
My complaint did not contend that Mr. Rodems was "nonlawyer". This is not relevant because a
licensed attorney and member of The Florida Bar engages in the unlicensed practice of law when the
law practice is prohibited. Rule 10-2.1(a).
RULE 10-2.1 GENERALLY
Whenever used in these rules the following words or terms shall have the meaning herein
set forth unless the use thereof shall clearly indicate a different meaning:
(a) Unlicensed Practice of Law. The unlicensed practice of law shall mean the practice of
law, as prohibited by statute, court rule, and case law of the state of Florida.
My complaint showed that Mr. Rodems, while licensed as a Florida attorney in private practice, engaged
in the unlicensed practice of law as defined by Rule 10-2.1(a), when he represented the state of Florida
in a federal court action in my federal ADA and civil rights case 5:10-cv-503-TBS-WTH. Mr. Rodems
is a licensed Florida attorney in private practice, but he is not the Attorney General of Florida and thus
prohibited. See Fla Const Art IV 4, and FS 16.01, and:
Only the Attorney General of Florida may represent the State of Florida in a federal court
action. A circuit court judge was without the authority to appoint an acting state attorney to
represent the state in an action pending before a federal court. State ex rel. Shevin v.
Weinstein, 353 So. 2d 1251 (Fla. Dist. Ct. App. 3d Dis1. 1978).
Given the above, my experience in this UPL investigation would cause a reasonable person to question
the fairness and impartiality of Mr. Coaxum.
Please advise if you need me to compete and submit a Florida Bar ADA Title II Accommodation
Request Form and I will do so, along with whatever documentation you require. If the LRS provides me
a referral, I may forgo the ADA request at that time. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net

8/16/2013

Page 3 of 3

cc: John F. Harkness, via email to jharkness@flabar.org

cc: Jan K Wichrowski, via email to jwichrow@flabar.org
cc: Dr. Karin Huffer

8/16/2013

Page 1 of 2

Neil Gillespie
From:
To:
Cc:

"Paul Hill" <phill@flabar.org>

"Neil Gillespie" <neilgillespie@mfi.net>
"Ghunise Coaxum" <gcoaxum@flabar.org>; "Patricia Ann Toro Savitz" <psavitz@flabar.org>; "John F
Harkness" <jharkness@flabar.org>; "Neil Gillespie" <neilgillespie@mfi.net>
Sent:
Friday, December 19, 2014 3:08 PM
Attach:
Closing ltr. to Neil Gillespie 05.05.14.pdf
Subject: Re: Gillespie ADA accommodation request to Paul Hill, ADA Coordinator for The Florida Bar
Mr. Gillespie:
Prior to finalizing my response to your December 15, 2014 accommodation request, I checked the
status of UPL Case No. 20133090(5) with Ghunise Coaxum.

Ms. Coaxum confirmed that this case was closed, although a May 5, 2014 certified letter to that effect
and directed to your record address was unclaimed. I enclose a pdf copy of that correspondence,
along with indication of its postal history.

Based on the current status of UPL Case No. 20133090(5), I would consider your accommodation
request as moot.

I otherwise wish you a joyous holiday season...

_______________________

Paul F. Hill

General Counsel
The Florida Bar

651 East Jefferson Street

Tallahassee, FL 32399-2300

850 / 561-5661 (Commercial - Direct)

800 / 342-8060 - Ext. 5661 (Toll-Free - Direct)
850 / 561-9406 Facsimile

Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.

From: "Neil Gillespie" <neilgillespie@mfi.net>

To: "Paul F Hill" <phill@flabar.org>,

Cc: "Ghunise Coaxum" <gcoaxum@flabar.org>, "Patricia Ann Toro Savitz" <psavitz@flabar.org>, "John F Harkness"
<jharkness@flabar.org>, "Neil Gillespie" <neilgillespie@mfi.net>

12/19/2014

Page 2 of 2

Date: 12/15/2014 11:51 PM

Subject: Gillespie ADA accommodation request to Paul Hill, ADA Coordinator for The Florida Bar

[attachment "Gillespie ADA request to The Florida Bar-UPL Case No 20133090(5).pdf" deleted by
Paul Hill/The Florida Bar] [attachment "Gillespie ADA request letter to Paul Hill, ADA Coordinator for
The Florida Bar.pdf" deleted by Paul Hill/The Florida Bar] [attachment "Gillespie ADA request to The
Florida Bar, re TFB No. 2014-30,525 (9A).pdf" deleted by Paul Hill/The Florida Bar] [attachment
"American Bar Assn. Civil Right to Counsel in State Civil Proceedings.pdf" deleted by Paul Hill/The
Florida Bar] [attachment "1. The ADA-One Avenue to Appointed Counsel Before a Full Civil
Gideon.pdf" deleted by Paul Hill/The Florida Bar] [attachment "2. Social Security Admin disability
notice letter August 23, 1993.pdf" deleted by Paul Hill/The Florida Bar] [attachment "3. Social Security
Admin disability letter August 1, 2012, no review needed.pdf" deleted by Paul Hill/The Florida Bar]
[attachment "4. ER report Hahnemann U. Hospital Phila, Aug-20-1988, 661k.pdf" deleted by Paul
Hill/The Florida Bar] [attachment "5. C.A.11-No.12-11213-C Amended Disability Motion-Aug-092012, PACER.pdf" deleted by Paul Hill/The Florida Bar] [attachment "6. C.A.11-No.12-11213-C
Amended Disability Motion-Aug-06-2012, PDF.pdf" deleted by Paul Hill/The Florida Bar] [attachment
"7. ABA Journal, Brain injury suspension for lawyer; couldn't stick to tasks (comp).pdf" deleted by Paul
Hill/The Florida Bar]

12/19/2014

THE FLORIDA BAR

JOHN F. HARKNESS, JR.

651 EAST JEFFERSON STREET

TALLAHASSEE, FL 32399-2300

EXECUTIVE DIRECTOR

850/561-5600
WWW.FLORIDABAR.ORG

February 18,2015

Mr. Neil J. Gillespie

8092 S.W. 115th Loop
Ocala, FL 34481
Re:

Curtis Alan Wilson; RFA No. 15-13443

Dear Mr. Gillespie:

All correspondence al1d docunlents submitted in this matter have been carefully reviewed.
You allege that Mr. Wilson engaged in litigation practices which violated the Rules Regulating
the Florida Bar including, improperly noticing a case management conference in your
foreclosure nlatter. The Florida Bar is the licensing agency for all attorneys admitted to practice
law in the State of Florida. In cases where discipline is indicated, the disciplinary action is taken
against the attorney's licensure, and will not affect or overturn the outcome of any civil
proceeding. The Florida Bar is not permitted to intervene in civil litigation and thus may not re
open cases that have already been decided in civil court. Because the matter involved was a civil
dispute, resolution must be left to the civil court system.
There is insufficient evidence from the materials provided that Mr. Wilson violated any of the
rules adopted by the Supreme Court of Florida which govern attorney discipline. Accordingly,
continued disciplinary proceedings in this matter are inappropriate and our file has been closed.
Pursuant to the Bar's records retention schedule, the computer record and file will be disposed of
one year from the date of closing.
Sincerely,

Teresa Goodson, Bar Counsel

Attorney Consumer Assistance Program

ACAP Hotline 866-352-0707

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http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html

Home > ABA Groups > Standing Committee on Legal Aid and Indigent Defendants > Initiatives > Civil
Right to Counsel

Civil Right to Counsel

NEW! Law Governing Appointment of Counsel in State Civil
Proceedings
The map below provides access, by clicking each state, to a
research report detailing existing authority for appointment of
counsel in various types of civil proceedings. Additional prefatory
material and appendices are available through links below.
Prefatory Information
Foreword
Acknowledgments
Appendix: International Law Relating to Appointment
of Counsel in Civil Proceedings

Civil Appt. Authority

Additional Resources
ABA Toolkit for a Right to Counsel in Civil
Proceedings

ABA House of Delegates Policy Resolution Urging

Recognition of a Civil Right to Counsel

The Toolkit includes in one package the "ABA Basic

Principles for a Right to Counsel in Civil Proceedings"

For additional information regarding civil right to

and "The ABA Model Access Act," which provide two

counsel issues, please visit:

important tools for jurisdictions seeking to implement a

civil right to counsel.

National Coalition for a Civil Right to Counsel

Law Addressing Authorizaton or Requirement to Appoint Counsel in

Specifc Types of Civil Proceedings
1. SHELTER
Federal Statutes and Court Decisions Interpretng Statutes
The federal Fair Housing Act, contained within Title VIII of the Civil Rights Act of 1968,
provides that [a]n aggrieved person may commence a civil acton in an appropriate United
States district court or State court. 42 U.S.C. 3613 (a)(1)(A). Further, [u]pon applicaton
by a person alleging a discriminatory housing practce or a person against whom such a practce
is alleged, the court may-- (1) appoint an atorney for such person. 42 U.S.C. 3613(b).
2. SUSTENANCE
Federal Statutes and Court Decisions Interpretng Statutes
Title VII of the Civil Rights Act of 1964 prohibits employment discriminaton. While
nearly all Title VII claims are brought in federal court, the U.S. Supreme Court has specifed that
state courts have concurrent jurisdicton with federal courts for Title VII claims. Yellow Freight
System Inc. v. Donnelly, 494 U.S. 820, 826 (1990).
Title VII provides that [u]pon applicaton by the complainant and in such circumstances
as the court may deem just, the court may appoint an atorney for such complainant. 42
U.S.C. 2000e-5(f)(1). In Poindexter v. FBI, the D.C. Court of Appeals observed:
Title VII's provision for atorney appointment was not included simply as an
aferthought; it is an important part of Title VII's remedial scheme, and therefore courts
have an obligaton to consider requests for appointment with care. In actng on such
requests, courts must remain mindful that appointment of an atorney may be essental
for a plaintf to fulfll the role of a private atorney general, vindicatng a policy of the
highest priority. Once the plaintf has triggered the atorney appointment provision,
courts must give serious consideraton to the plaintf's request such discretonary
choices are not lef to a court's inclinaton, but to its judgment; and its judgment is to
be guided by sound legal principles. Furthermore, in exercising this discreton, the
court should clearly indicate its dispositon of the request for appointment and its basis
for that dispositon.
737 F.2d 1173, 1183-85 (D.C. Cir. 1984).
ABA DIRECTORY OF LAW GOVERNING APPOINTMENT OF COUNSEL IN STATE CIVIL PROCEEDINGS FLORIDA 2012

Law Addressing Authorizaton or Requirement to Appoint Counsel in

Civil Proceedings Generally
State Statutes and Court Decisions Interpretng Statutes
Fla. Stat. 29.007 (2011) (Court-appointed counsel) provides:
For purposes of implementng s. 14, Art. V of the State Consttuton [relatng to funding
of the judiciary], the elements of court-appointed counsel to be provided from state
revenues appropriated by general law are as follows:
(1)Private atorneys appointed by the court to handle cases where the defendant is
indigent and cannot be represented by the public defender or the ofce of criminal
confict and civil regional counsel.
(2)When the ofce of criminal confict and civil regional counsel has a confict of
interest, private atorneys appointed by the court to represent indigents or other classes
of litgants in civil proceedings requiring court-appointed counsel in accordance with
state and federal consttutonal guarantees and federal and state statutes.
...
This secton applies in any situaton in which the court appoints counsel to protect a
litgants due process rights.
A private atorney appointed by a court pursuant to 29.007 (2011) shall be
reimbursed for reasonable and necessary expenses incurred during representaton. Fla. Stat.
27.5304 (2011). Fla. Stat. 27.5304 lists the fat fees to be awarded to private atorneys.
Counsel may seek compensaton in excess of the fat fees listed in 27.5304 only if
compensaton on an hourly basis at a rate of $75.00 would be at least double the fat fee.
Justce Admin. Comm'n v. Shaman, 59 So. 3d 1231 (Fla. App. 2011).
Federal Statutes and Court Decisions Interpretng Statutes
The federal Servicemembers Civil Relief Act (SCRA), which applies to each state 14 and to
all civil proceedings (including custody),15 provides:
If in an acton covered by this secton it appears that the defendant is in military service,
14

50 App. U.S.C.A. 512(a) states, This Act [sectons 501 to 515 and 516 to 597b of this Appendix] applies to--
(2) each of the States, including the politcal subdivisions thereof
15
50 App. U.S.C. 521(a) states, This secton applies to any civil acton or proceeding, including any child custody
proceeding, in which the defendant does not make an appearance.
ABA DIRECTORY OF LAW GOVERNING APPOINTMENT OF COUNSEL IN STATE CIVIL PROCEEDINGS FLORIDA 2012

16