New Complaint, Robert W. Bauer, No. 2013-00,540 (8B)
The Florida Bar wrongly closed my complaint against Robert W. Bauer, File No. 2013-00,540 (8B). The closure was cited in a petition for rehearing in Petition No. 13-7280 to the U.S. Supreme Court. Rehearing was denied March 10, 2014. See my letter to Chief Justice John Roberts, and referral to the FBI and DOJ for
investigation.
Robert W. Bauer, Florida Bar Complaint N[...]
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Robert W. Bauer, Florida Bar Complaint N[...]
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From the complaint... Misconduct & RICO Activity
IV. Misconduct & RICO Activity Undermine Bar Complaints, Civil Litigation
Rule 4-8.4(c), conduct involving dishonesty, fraud, deceit, and
misrepresentation.
Rule 4-8.4(d), conduct prejudicial to the
administration of justice.
Rule 4-8.3(a), reporting misconduct of other
lawyers.
Crimes and misconduct by the lawyers at Barker, Rodems & Cook, P.A. form the basis of all my Bar complaints, and involve 20 related civil lawsuits and legal
proceedings. A list is found at Exhibit 8. Mr. Bauer and Mr. Rodems engaged in a pattern of racketeering activity to subvert or undermine my initial complaint against Bauer, file no. 2011-00,073
(8B).
While the Florida Bar does not have jurisdiction to consider civil or criminal violations of RICO, the Racketeering, Influenced and Corrupt Organizations Act, 18 U.S.C. Sec. 1961-68, it does
have jurisdiction and a duty to investigate related breaches of the Rules of Professional Conduct, Rules 4-8.4(c), 4-8.4(d), and 4-8.3(a), breaches of duty that facilitate the RICO
activity.
Mr. Rodems and Mr. Bauer engaged in a pattern of RICO activity in violation of Rules 4-8.4(c), 4-8.4(d), and Rule 4-8.3(a), to improperly force a settlement in my
federal Civil Rights and ADA disability lawsuit, commenced in U.S. District Court, M.D.Fla., case no. 5:10-cv-00503, to which Mr. Bauer and his firm are Defendants. The case will soon to be submitted
as a petition for writ of certiorari to the U.S. Supreme Court in C.A.11 cases 12-11028 and 12-11213.
On June 21, 2011 Mr. Rodems improperly obtained for Mr. Bauer’s benefit a settlement from me during a coercive confinement at the Edgecomb Courthouse in Tampa, held
without disability accommodation...
It appeared that the settlement resolved the $12,650 charging lien used by Mr. Bauer to hold my case file. Mr. Bauer said no. Bauer sent me a letter dated August 24,
2012 stating that Rodems’ "Settlement Agreement and General Mutual Release" of June 21, 2011 does not bind him, it binds me. Mr. Bauer’s letter appears at Exhibit 17. This is the operative
quote:
Mr. Rodem's (sic) release dated June 21, 2011 does not have any legal effect on the amount of money that is owed to this firm. Further, it does not bind this firm in any
way. I (sic) does bind you - but not us.
I was shocked by Mr. Bauer’s statement, as Mr. Castagliuolo made the decision to accept this settlement. I do not understand how a settlement can only bind me.
Castagliuolo never explained this to me. I believe this is further evidence that Mr. Castagliuolo worked against my interest, and engaged in a pattern of RICO activity with Mr. Bauer and Mr. Rodems
to undermine my Bar complaints, and civil litigation, through an ongoing pattern of misconduct in violation of Rules 4-8.4(c), 4-8.4(d), and 4-8.3(a), breaches of duty that facilitate the RICO
activity.
This evidence shows how the lawyer discipline process in Florida is subverted and undermined, here by Mr. Rodems, who’s misconduct is at the center of this matter,
through an ongoing breach of Rules 4-8.4(c), 4-8.4(d), and 4-8.3(a), where lawyer-adversaries conspire to, and engage in, conduct involving dishonesty, fraud, deceit, or misrepresentation, to
obstruct justice and mislead the Bar or its tribunal, to avoid discipline well in advance of any Bar complaint. This activity raises an immediate conflict between the lawyer-adversaries and the
lawyer representing the client. If the misconduct is not reported as required under Rule 4-8.3(a), the client is not being represented in a zealous, competent or diligent manner because the lawyer
has a conflict with his client created by the offer of assistance from opposing counsel in any future Bar complaint.
Bad Boy Robert Bauer - More Unhappy Clients
Robert W. Bauer
Angela V. Woodhull, Ph.D. states Robert Bauer filed a number of "Attorney Charging Liens" in cases involving Dr. Woodhull’s mother, including the Guardianship of
Louise A. Falvo, Case No. 2008-CP-000741, and the Estate of Louise A. Falvo, Case No: 01-2008-CP-1083, Eight Judicial Circuit, Alachua County; and other cases, including in the Fifth District Court
of Appeal.
Dr. Woodhull provided me January 4, 2012 a certified copy of her pro se pleading in the estate case, the docket entry of December 18, 2009, "Response To And
Motion To Strike Or In The Alternative Motion To Dismiss Attorney Bauer’s Motions For Attorney’s Charging Lien And Motion For Sanctions Against Attorney Robert Bauer".
2009 Response-Motion Strike RWB Charging[...]
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Phillip Strauss, who is 90 years old, called me January 4, 2012 to discuss his Bar complaint against Robert Bauer, Phillip Strauss v. Robert W. Bauer; TFB File No.: 2012-00,146 (8B), August 24, 2011. Mr. Strauss hired and was dissatisfied with Mr. Bauer over representation in a small claims action involving his homeowners insurance company.
Strauss v. Robert W Bauer, TFB File No. [...]
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Another Bauer client filed a Bar complaint too, see James and Betty DeCoursey v. Robert W. Bauer, TFB File No. 2012-00,054(8b), July 8, 2011. The complaint alleges that the DeCourseys are disabled and elderly, and that Mr. Bauer failed to properly represent them in a foreclosure matter.
DeCoursey v. Robert W. Bauer, TFB File N[...]
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Florida Bar inquiry/complaint against Robert W. Bauer
Bill P. Cervone
Bill P. Cervone, State Attorney
Office of the State Attorney
Eighth Judicial Circuit
120 W. University Avenue
Gainesville, FL 32601
Request for Investigation/Prosecution of Robert W. Bauer under chapter 825, Florida Statutes, Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults.
April 12, 2011
2011, 04-12-11, NJG to B Kramer, ASA, re[...]
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April 23, 2011
2011, 04-23-11, NJG to Bill Cervone, SA.[...]
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May 6, 2011
2011, 05-06-11, response, Bill Cervone, [...]
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May 22, 2011
2011, 05-22-11, NJG reply to Bill Cervon[...]
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Bar to Review Finding of No Probable Cause
Carl Schwait
Email April 19, 2011 from Dana Thrash for James Watson "This is to advise you that this matter has been forwarded to Carl Schwait, Designated Reviewer, for his
review. You will receive a response from him when his review has been completed."
Thank you, Dana Thrash for Jim Watson, Chief Branch Discipline Counsel, The Florida Bar, Tallahassee Branch Office of Lawyer Regulation
The email below questions the misleading practice of the Florida Bar to refer to the grievance committee as Bar’s "grand jury" in communication with complainants. In fact, the Bar’s grievance committee has little in common with an actual grand jury.
Email April 19, 2011 from Dana Thrash for James Watson
2011, 04-19-11, email from Dana Thrash f[...]
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Letter of Carl Schwait, June 27, 2011, "After comprehensively reading all documents in my possession in reference to the above styled complaint, I have determined that I wish to defer to the finding of the grievance committee."
June 27, 2011
2011, 06-27-11, Carl B. Schwait to NJG.p[...]
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July 31, 2011 request to review the documents Carl Schwait comprehensively read. The Bar failed to comply with Rule 3-7.4(k) because it did not explain why the complaint did not warrant further proceedings given the overwhelming evidence of misconduct; also failed to include any documentation explaining why the complaint did not warrant further proceedings.
Request for documents, failed to comply Rule 3-7.4(k)
2011, 07-31-11, NJG to Carl B Schwait.pd[...]
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Letter Report, No Probable Cause Finding
March 18, 2011 James N. Watson, Jr. Chief Branch Discipline Counsel issued a Letter Report Pursuant to Rule 3-7.4(k) of No Probable Cause Finding. On the basis of a
diligent and impartial analysis of all the information available, on March I5, 2011, 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. Eighth Circuit Grievance Committee "B"
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. Pursuant to the Bar's records retention schedule, the computer record and file
will be disposed of one year from the date of closing.
March 18, 2011
2011, 03-18-11, no probable cause, James[...]
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Grievance Committee Hearing
March 15, 2011 the 8th Circuit grievance committee held a hearing regarding this complaint. Eighth Circuit Grievance Committee "B" The hearing concluded Mr. Kramer’s involvement in this matter.
March 16, 2011 email
2011, 03-16-11, email, Brian Kramer, hea[...]
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Notice of Assignment of Investigating Member
Florida Supreme Court
In The Supreme Court of Florida
Notice of Assignment of Investigating Member and/or Panel
November 15, 2010
Mr. Brian S. Kramer, Esq., Office of the State Attorney, 120 W. University Avenue, Gainesville, FL 32601. Mr. Kramer is a member of the Florida Bar Eighth Circuit Grievance Committee "B"
For Grievance Committee Procedures see the Rules Regulating the Florida Bar, Rule 3-7.1 through Rule 3-7.17, especially Rule 3-7.4
2010, 11-15-10, notice of assignment to [...]
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IN RE: Complaint by Neil J Gillespie against Robert W. Bauer, The Florida Bar File No. 2011-00,073(8B)
The Florida Bar referred Mr. Bauer to me February 26, 2007. We met at his office March 1, 2007. I paid Mr. Bauer a $3,000 retainer March 8, 2007 to review my case.
Mr. Bauer accepted my case after a review of the file and we discussed the case by telephone. Our Attorney Consultation & Fee Contract was executed April 24, 2007.
A transcript of the March 29, 2007 phone call from Mr. Bauer to me is below in PDF. The transcript impeaches a number of statements in Mr. Bauer's response to the Florida Bar dated August 18,
2010.
2007, 03-29-07, TRANSCRIPT, phone call, [...]
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Mr. Bauer telephoned me February 9, 2009 about his motion to withdrawal as counsel. During the call Mr. Bauer and I agreed to change his billing from hourly to a
contingent fee. There was no mention of a separate settlement agreement. On Mach 9, 2009 Mr. Bauer provided a ‘contingent fee’ agreement to replace the hourly fee contract but he did not sign it. The
agreement included a settlement agreement for his prior wrongdoing.
On May 14, 2009 I proposed my own ‘contingent fee agreement’ to Mr. Bauer but he refused to discuss or agree to the terms. Also on May 14, 2009 I proposed my own ‘settlement agreement’ to Mr. Bauer
but he refused to discuss or agree to the terms. I executed both agreements. Mr. Bauer did not respond to my proposals. In effect his offer of March 9, 2009 was a ‘take it or leave it’ contract of
adhesion. See a transcript of the call below in PDF. The transcript impeaches a number of statements in Mr. Bauer's response to the Florida Bar dated August 18, 2010.
2009, 02-09-09, TRANSCRIPT, phone call, [...]
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Complaint of Neil Gillespie to the Florida Bar
2010, 07-15-10, FL Bar complaint, Robert[...]
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Response of Mr. Bauer to the Complaint
2010, 08-18-10, Response of RWB.pdf
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Rebuttal of Neil Gillespie to Mr. Bauer’s response
2010, 09-18-10, NJG rebuttal of RWB, to [...]
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2010, 09-18-10, Exhibits 1-19, NJG rebut[...]
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Rodems comments on Bauer complaint
Ryan Rodems
Ryan Christopher Rodems weighed in on my complaint against Mr. Bauer. This is unusual and goes to Mr. Rodems inappropriate involvement in the underlying case that necessitated Mr. Bauer’s representation. In fact, Mr. Rodems’ letter to the Bar of August 13, 2010 arrived before Mr. Bauer’s response of August 18, 2010. See Mr. Rodems’ letter below in PDF, along with my rebuttal dated September 20, 2010.
2010, 08-13-10, Rodems letter in support[...]
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2010, 09-20-10, NJG rebuttal to Rodems.p[...]
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Rodems threatened Bauer with sanctions, F.S. 57.105
Ryan Rodems
In his letter to the Florida Bar dated August 13, 2010, Mr. Rodems failed to mention he threated Mr. Bauer and insulted me.
Mr. Rodems’ May 3, 2007 email to Robert Bauer threatened sanctions under section 57.105 Florida Statutes. Mr. Rodems’ email also contains numerous insults against me. See the email in PDF below. Here are selected passages:
MR. RODEMS: We object to the motion for leave to amend because there is no such thing as a "counter-counter complaint", and you are flat wrong on the motion to withdraw the dismissal. Have you even looked at Rule 1.100(a)? I assume you are aware of the line of cases that hold that a mislabeled pleading or motion is not a nullity. We'll send you a 57.105 motion, and you can decide how to proceed.
MR. BAUER: "I admit that a counter-counterclaim is a strange pleading."
MR. BAUER: "As a professional courtesy I would appreciate if you would clearly spell out your reasons as to why you believe I have erred in my motion prior to you filing for 57.105 sanctions. Such threats are not conducive to this case moving forward in a collegial and professional manner."
MR. RODEMS: "Rule 1.170 addresses counterclaims. I am serving the 57.105 motion today."
2007, 05-03-07, HOSTILE emails, RWB-BRC.[...]
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Six (6) section 57.105 motions in a single case
Ryan Rodems
Mr. Rodems testified at the March 20, 2008 hearing on the attorney's fees that "I am board-certified in civil trial law and I've been practicing law since 1992." (transcript, page 14, line 23). Mr. Rodems also testified that "I've been trying cases for the last 16 years." (transcript, page 15, line 4). On cross examination, Mr. Bauer asked: "How many 57.105 actions have you been involved in?" (transcript, page 15, line 18). Mr. Rodems testified: "I filed I believe two in this case and I may have filed one or two other ones in my career but I couldn't be sure exactly." (transcript, page 15, line 20).
Mr. Rodems filed six (6) section 57.105 motions in this lawsuit and threatened more. That may be a record in a single case in Florida.
Attorney Seldon J. Childers, Independent Evaluation
Seldon J. Childers
On July 7, 2009 Mr. Childers proposed "a four-hour retainer for the review of the documents, telephone consultation(s), and preparation of a report." This was to
review and advise me in matters pertaining to the lawsuit Gillespie v. Barker, Rodems & Cook, PA, et al., Case No. 05-CA-7205, Circuit Civil, Hillsborough County, Florida. At the time attorney
Robert Bauer was counsel of record but he stopped representing me October 13, 2008 and filed a motion to withdrawal.
On September 17, 2009 Mr. Childers provided the following documents by email:
1. Analysis of Case and Recommendation
2. Economic Analysis Spreadsheet
3. Case Spreadsheet
2009, 09-17-09, Jeff Childers, Analysis [...]
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2009, 09-17-09, Jeff Childers, Economic [...]
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Tanya Marie Bell (nee Uhl), Esq.
Tanya Marie Bell
Tanya Marie Bell (nee Uhl), Esq, Florida Bar ID No. 52924, is a lawyer formerly employed by The Law Office of Robert W. Bauer, PA who filed documents in my lawsuit
Gillespie v. Barker, Rodems & Cook, PA, Case No. 05-CA-7205, Hillsborough Circuit Civil Court, and in an appeal in the Second District Court of Appeal (Lakeland, FL), Case Number 2D08-2224.
Tanya Marie Uhl was her name while employed by Mr. Bauer. Tanya Marie Bell is her name now.
Ms. Bell claims she did not actually work on my cases but just filed documents at the direct direction of Mr. Bauer. This revelation is important concerning one document she filed in my case in
Hillsborough Circuit Civil Court (case no. 05-CA-7205), Plaintiff’s Motion For Rehearing, that bears her signature and is dated July 16, 2008. (PDF below). Ms. Bell provided a letter stating "In
regards to the Plaintiff's Motion for Rehearing that I signed, I did so at the direct request of Robert W. Bauer in his absence. I did not prepare that Motion or even work on that Motion. To my
knowledge, I was not directly involved in your case." (PDF below).
2008, 07-16-08, Plaintiff's Motion for R[...]
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2009, 01-29-09, NJG letter to Tanya Uhl,[...]
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2009, 02-04-09, response from Tanya Uhl,[...]
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2010, 08-03-10, NJG to Tanya Bell, motio[...]
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2010, 08-05-10, reply, Tanya Bell, motio[...]
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Robert Bauer misled the Florida Bar about agreement
Ms. Bell’s statement is significant and impeaches Mr. Bauer’s response to the Bar of August 18, 2010: "Mr. Gillespie also alleges that I "failed to present evidence
that there was no signed contingent fee agreement," subsequent to Mr. Rodems' representations that there were. This allegation underscores much of the basis for my motion for withdrawal." (Bauer,
Aug-18-10, page 3, paragraph 3, PDF below).
In my opinion this information proves Mr. Bauer misled the Florida Bar in his response dated August 18, 2010. Dishonesty is prohibited by Rule 4-8.4(c) and Rule 4-8.4(d), Rules Regulating The
Florida Bar
Rule 4-8.4 Misconduct
A lawyer shall not:
(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation...
(d) engage in conduct in connection with the practice of law that is prejudicial to the administration of justice...
For more information see: http://www.floridabar.org/divexe/rrtfb.nsf/FV/0B6C8E5CDCA464D685257172004B0FBD
2010, 08-18-10, Bauer response to TFB, A[...]
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Ann G. Breeden
Plaintiff’s Motion For Rehearing dated July 16, 2008 shows that Barker, Rodems & Cook, PA, failed to sign a representation agreement with me. This is likely a
violation of Bar Rule 4-1.5(f)(2). My affidavit of July 20, 2010 shows there was no signed agreement between me and Barker, Rodems & Cook, PA. There is also an email (PDF below) from Mr. Bauer’s
employee Ann G. Breeden on August 12, 2008 asking me the following:
Mr. Gillespie-
Mr. Rodems has responded to Mr. Bauer regarding our Motion for Rehearing. He specifically was asking about a reference made to a statement made by Mr. Rodems about Barker, Rodems, and Cook being in
possession of a signed fee agreement. Mr. Bauer has asked me to review the transcripts of the two hearings to ensure that Mr. Rodems did in fact state that at one of the hearings. We are having
trouble locating the transcripts to these hearings. Mr. Bauer has asked me to contact you and ask if you would kindly forward the e-mailed transcripts of the hearings dated October 30, 2007 and July
1, 2008 so that we can respond to Mr. Rodems. I apologize for any inconvenience this may cause you.
Thank you,
Ann G. Breeden
Ann G. Breeden is now an attorney and member of The Florida Bar
2010, 07-20-10, P's filing AFFIDAVIT, Ne[...]
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2008, 08-12-08, email, Ann Breeden, tran[...]
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Bauer mislead Bar about ‘knowledge and assistance’ with appeal
Mr. Bauer responded to the Florida Bar August 18, 2010: "As I stated earlier, Mr. Gillespie was adamant about appealing the Final Judgment. I explained to him that an
appeal was not appropriate, but he proceeded to file the appeal anyway without my knowledge or assistance." (page 8, paragraph 3)
Actually Mr. Bauer's firm helped me file the appeal with his full knowledge of my effort.
Joshua A. Cossey
On April 25, 2008 Joshua A. Cossey, JD emailed me and wrote: "Be advised that I am drafting the Notice of Filing Appeal and will set the document for your signature."
On April 28, 2010 Mr. Bauer emailed asking me "It my understanding that you will be hand delivering the Notice of Appeal to the Clerk of Court today. I would appreciate if you would advise me when
that has been completed." See the emails below in PDF.
Greetings Mr. Gillespie,
It was a pleasure speaking with you today regarding the questions and concerns raised surrounding case 05-CA-007205. Per our conversation, I have attached the Florida Rules of Appellate Procedure so
that you may have it on hand if needed. While I can not advise you or provide legal opinions as to what should be done (strictly defaulting to Mr. Bauer), I note my personal attention to Rule 9.110.
You will hear from this office before close of business tomorrow regarding this offices involvement and direction surrounding the appeal and other issues raised in our conversation.
Respectfully,
Joshua A. Cossey, JD
2008, 04-25-08, email of Josh Cossey, dr[...]
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2008, 04-28-08, email of Robert Bauer, n[...]
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Natalia Ricardo, legal assistant to Mr. Bauer, provided me the appeal documents to file on April 25, 2008 by email, see PDF below.
Mr. Gillespie,
Attached please find the Notice of Filing Appeal as well as the Final Judgment (in one pdf). Should you have any problems viewing the attachment, please do not hesitate to contact me via e-mail or at
the telephone number listed below.
Sincerely,
Natalia D. Ricardo
Legal Assistant to Robert W. Bauer, P.A.
04-25-08, email, Natalia Ricardo, Notice[...]
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Letter dated September 5, 2007 from Mr. Bauer that an amended complaint is needed to add counts of malpractice and breach of fiduciary duty, facts which he now denies.
Michael Wasserman, Chair, Florida Bar Lawyer Referral Service Committee
Michael Wasserman
Michael Wasserman was the Chair of the Florida Bar Lawyer Referral Service Committee. For more about the LRS, see the LRS Justice Network page. On October 7, 2009 I contacted Mr. Wasserman about the LRS application for Mr. Bauer.
Mr. Wasserman called October 7, 2009 and we discussed the referral of Mr. Bauer. It was a pleasure speaking with Michael Wasserman. A transcript of the call is below.
2009, 10-07-09, fax to Michael Wasserman[...]
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2009, 10-07-09, Transcript, calll from M[...]
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Mary Ellen Bateman, Division Director, Ethics & Advertising, UPL and Special Projects Division
Mary Ellen Bateman responded to public records request for Mr. Bauer and the LRS. It was a pleasure speaking with Ms. Bateman. Mr. Bauer was a referral from the LRS. For more about the LRS, see the LRS Justice Network page.
2008, 12-16-08, responsefrom Mary Batema[...]
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2009, 10-02-09, NJG to M. Bateman, quest[...]
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2009, 10-05-09, email response, M Batema[...]
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Mr. Bauer’s LRS applications and update
April-22-05, R Bauer, LRS application.pd[...]
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April-29-08, R Bauer, LRS application up[...]
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May-22-08, R Bauer, LRS application.pdf
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Karen Kelly, Director, Fla Bar Public Service Programs
Karen Kelly is Director of the Florida Bar's Public Service Programs. It is always a pleasure speaking with Ms. Kelly. On October 8, 2009 Ms. Kelly wrote in an email to me "Mr. Bauer nor the firm of Clayton-Johnson, P.A. ever notified The Florida Bar Lawyer Referral Service that he left the firm and started his own firm in Gainesville." Read more in the PDF below.
2009, 10-08-09, email from Karen Kelly, [...]
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Elizabeth Clark Tarbert, Ethics & Advertising Counsel
Elizabeth Clark Tarbert, Ethics & Advertising Counsel for the Florida Bar, was unable to answer the following advertising ethics question because
her assistance is only for members of the Bar, not consumers who use the Florida Bar Lawyer Referral Service.
Question: I contacted TFB LRS for a referral for a lawyer who does libel and slander litigation. A referral was made, but the lawyer has little or no experience with libel or
slander. Doesn’t this violate the following rule?
Rule 4-7.2, communications concerning a lawyer’s services
(b) Prohibited Statements and Information
(5) Advertising areas of practice - a lawyer or law firm shall not advertise for legal employment in an area of practice in which the advertising lawyer or law firm does not currently practice
law
email communication with Elizabeth Clark Tarbert in PDFs
2010, 10-15-08, email, NJG ethics questi[...]
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2010, 10-17-08, email response from Eliz[...]
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Other Correspondence with the Florida Bar
On July 19, 2010 The Florida Bar responded that my correspondence was being returned without action having been taken because the material submitted was too voluminous to process and contained media they cannot process.
2010, 07-19-10, FL Bar complaint returne[...]
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In compliance with The Bar’ request to limit the complaint to 25 pages, the complaint was resubmitted July 23, 2010
2010, 07-23-10, FL Bar complaint, Robert[...]
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On July 30, 2010 William Gautier Kitchen, Bar Counsel for the Attorney Consumer Assistance Program, wrote me that a response from Mr. Bauer was due in the Bar’s office by August 13, 2010 and that Mr. Bauer was to provide me a copy.
2010, 07-30-10, FL Bar, Wm Kitchen, init[...]
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As of August 16, 2010 I did not receive a response from Mr. Bauer or any word from the Florida Bar. I called Mr. Kitchen August 17, 2010 and he said that a 10 day extension was given to Mr. Bauer allowing him until August 23, 2010 to respond. You can listen to my phone call with Mr. Kitchen here.
2010, 08-17-10, 10.29am, call from Mr. W[...]
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I spoke with Mr. Kitchen August 25, 2010 by phone and he accused me of threatening a lawsuit against the Florida Bar during our August 17, 2010 phone call. You can listen to Mr. Kitchen’s accusation here and draw your own conclusion.
2010, 08-25-10, 4.42pm, phone call from [...]
Wave audio file [4.3 MB]
Aug-26-10, letter from Neil Gillespie to William Gautier Kitchen, Bar Counsel, request for 20 day extension, public records and request that he remove himself from involvement with my bar complaints.
08-26-10, fax to Mr Kitchen, extension, [...]
Adobe Acrobat document [247.0 KB]
Aug-31-10, email from William Gautier Kitchen, Bar Counsel, forwarded request for removal to supervisor, accusation that recording phone call is criminal act in Florida.
08-31-10, 4.43pm, email of Wm. Kitchen, [...]
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Sep-02-10, letter from Annemarie Craft, Bar Counsel, new ACAP attorney assigned to my case.
09-02-10, Annemarie Craft, new Bar Couns[...]
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Sep-15-10, Gillespie's response to Annemarie Craft, Bar Counsel.
09-15-10, NJG to Annemarie Craft, w exhi[...]
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Oct-13-10, letter of Annemarie Craft, Bar Counsel to Mr. Bauer, matter forwarded to Bar's Tallahassee Branch Office for consideration.
10-13-10, Annemarie Craft to RWB, matter[...]
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Nov-05-10, letter from James A.G. Davey, Bar Counsel, to Melissa Jay Murphy, Chair Eighth Judicial Circuit Grievance Committee "B", Please assign the enclosed complaint to a grievance committee member for investigation.
11-05-10, James Davey to Melissa Murphy,[...]
Adobe Acrobat document [55.8 KB]
Nov-15-10, case assigned to Brian S. Kramer for investigation
2010, 11-15-10, Notice of Assignment to [...]
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Representation Contracts with Robert W. Bauer
Initial contract of April 5, 2007, the "Attorney Consultation and Fee Contract" executed April 22, 2007 by Neil J. Gillespie and April 24, 2007 by Robert W. Bauer.
2007, 04-24-07, RWB attorney consultatio[...]
Adobe Acrobat document [2.4 MB]
On March 31, 2008, Mr. Bauer proposed a new representation contract with higher rates for certain employees. A cover letter admits billing errors by Mr. Bauer in his favor, and claims unpaid bills to First Choice Reporting. Those bills were, in fact, paid in advance as required by First Choice. This contract was not executed by either party.
2008, 03-31-08, RWB, billing errors, wan[...]
Adobe Acrobat document [1.2 MB]
First Choice made numerous transcription and billing errors that were left up to me to fix. My efforts are reflected in the "Settlement Agreement and Release" I prepared and First Choice executed July 16, 2008, see attached. Initially Mr. Bauer insisted on using First Choice Reporting but after all the errors he agreed to Berryhill Court Reporters that covered the case for me from the beginning, and after First Choice was dismissed.
2008, 07-16-08, First Choice Court Repor[...]
Adobe Acrobat document [302.2 KB]
Mr. Bauer telephoned me February 9, 2009 about his motion to withdrawal as counsel. During the call Mr. Bauer and I agreed to change the billing from hourly to a
contingent fee. There was no mention of a separate settlement agreement.
2009, 02-09-09, TRANSCRIPT, phone call, [...]
Adobe Acrobat document [67.4 KB]
On Mach 9, 2009, Mr. Bauer provided a ‘contingent fee’ agreement to replace the hourly fee contract. Mr. Bauer sought to execute a separate settlement agreement for any prior negligence. This was not discussed or agreed to during our conversation February 9, 2009. Neither document was not executed.
2009, 03-09-09, email, RWB, w Contingenc[...]
Adobe Acrobat document [131.1 KB]
On May 14, 2009 I proposed my own ‘contingent fee agreement’ to Mr. Bauer but he refused to discuss or agree to the terms. Also on May 14, 2009 I proposed my own ‘settlement agreement’ to Mr. Bauer but he refused to discuss or agree to the terms. A copy of my agreements, which I executed, are attached with cover letter.
2009, 05-14-09, NJG letter and agreement[...]
Adobe Acrobat document [1.2 MB]
Mr. Bauer did not respond to my proposals. In effect his offer of March 9, 2009 was a ‘take it or leave it’ contract.
Gillespie v BRC 05-CA-7205, Hillsborough County, FL
link to the Clerk of Court, Thirteenth Judicial Circuit, http://www.hillsclerk.com/publicweb/home.aspx
August 11, 2005
2005, 08-11-05, original pro se complain[...]
Adobe Acrobat document [1.0 MB]
January 13, 2006
2006, 01-13-06, Order on Defendants' Mot[...]
Adobe Acrobat document [101.1 KB]
January 19, 2006
2006, 01-19-06, Defendants Answer, Affir[...]
Adobe Acrobat document [512.5 KB]
May 5, 2010
2010, 05-05-10, Plaintiff's First Amende[...]
Adobe Acrobat document [5.3 MB]
July 9, 2010
2010, 07-09-10, Emerg Motion Disqualify [...]
Adobe Acrobat document [12.3 MB]
Transcripts of hearings where Mr. Bauer appeared
2007, 07-03-07, TRANSCRIPT, J Barton, 57[...]
Adobe Acrobat document [1.6 MB]
2007, 08-15-07, TRANSCRIPT, J Barton, vo[...]
Adobe Acrobat document [2.2 MB]
2007, 10-30-07, TRANSCRIPT, J Barton, ju[...]
Adobe Acrobat document [3.0 MB]
2008, 03-20-08, TRANSCRIPT, J Barton, he[...]
Adobe Acrobat document [399.4 KB]
2008, 07-01-08, TRANSCRIPT, J Barton, co[...]
Adobe Acrobat document [1.9 MB]
2008, 08-14-08, TRANSCRIPT, J Crenshaw, [...]
Adobe Acrobat document [827.7 KB]
2009, 10-01-09, TRANSCRIPT, J Barton, RW[...]
Adobe Acrobat document [485.0 KB]
Billing statements from Bauer
2007 billing statements
2007, 03-13-07, RWB bill no. 145, 3 page[...]
Adobe Acrobat document [146.8 KB]
2007, 05-12-07,RWB bill no. 174, 3 pages[...]
Adobe Acrobat document [96.8 KB]
2007, 06-10-07, RWB bill no. 213, 3 page[...]
Adobe Acrobat document [102.6 KB]
2007, 07-12-07, RWB bill no. 235, 4 page[...]
Adobe Acrobat document [179.3 KB]
2007, 08-01-07, letter from RWB, bill no[...]
Adobe Acrobat document [23.8 KB]
2007, 08-16-07, RWB bill no. 260, 5 page[...]
Adobe Acrobat document [161.0 KB]
2007, 09-10-07, RWB bill no. 312, 5 page[...]
Adobe Acrobat document [191.0 KB]
2007, 09-29-07, RWB bill no. 353, $1,000[...]
Adobe Acrobat document [283.9 KB]
2007, 10-12-07, RWB bill no. 373, 2 page[...]
Adobe Acrobat document [75.8 KB]
2007, 11-24-07, RWB bill no. 441, 6 page[...]
Adobe Acrobat document [352.9 KB]
2007, 11-29-07, RWB pre-bill, 5 pages.pd[...]
Adobe Acrobat document [489.3 KB]
2007, 12-13-07, RWB bill no. 505, 5 page[...]
Adobe Acrobat document [244.7 KB]
2008 billing statements
2008, 01-10-08, RWB bill no. 619, 5 page[...]
Adobe Acrobat document [234.4 KB]
2008, 02-17-08, RWB bill no. 667, 3 page[...]
Adobe Acrobat document [148.1 KB]
2008, 03-16-08, RWB bill no. 736, 3 page[...]
Adobe Acrobat document [93.0 KB]
2008, 04-10-08, RWB bill no. 810, 5 page[...]
Adobe Acrobat document [196.3 KB]
2008, 05-11-08, RWB bill no. 893, 5 page[...]
Adobe Acrobat document [282.7 KB]
2008, 06-07-08, RWB bill no. 959, 4 page[...]
Adobe Acrobat document [142.2 KB]
2008, 07-10-08, RWB bill no. 1030, 4 pag[...]
Adobe Acrobat document [188.7 KB]
2008, 08-10-08, RWB bill no. 1098, 6 pag[...]
Adobe Acrobat document [241.9 KB]
2008, 09-13-08, RWB bill no. 1227, 3 pag[...]
Adobe Acrobat document [161.0 KB]
2008, 10-13-08, RWB bill no. 1261, 4 pag[...]
Adobe Acrobat document [171.7 KB]
2008, 11-15-08, RWB bill no. 1347, 3 pag[...]
Adobe Acrobat document [99.4 KB]
2008, 12-16-08, RWB bill no. 1421, 3 pag[...]
Adobe Acrobat document [153.1 KB]
2009 billing statements
2009, 01-22-09, RWB bill no. 1499, 2 pag[...]
Adobe Acrobat document [97.0 KB]
2009, 02-13-09, RWB bill no. 1576, 3 pag[...]
Adobe Acrobat document [179.6 KB]
2009, 03-26-09, RWB bill no. 1656, 3 pag[...]
Adobe Acrobat document [66.5 KB]
2009, 05-09-09, RWB bill no. 1741, 2 pag[...]
Adobe Acrobat document [205.8 KB]
2009, 06-18-09, RWB bill no. 1827, 2 pag[...]
Adobe Acrobat document [38.4 KB]
2009, 08-10-09, RWB bill no. 1931, 2 pag[...]
Adobe Acrobat document [159.4 KB]
2009, 11-13-09, RWB bill no. 2216, 3 pag[...]
Adobe Acrobat document [160.3 KB]
Comments
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The corruption goes all the way to the State Attorney's Office. The same thing happened to me in Levy County. I watched Attorney's laugh in court about the outcome of the defendants and their demise
like it was a joke.Judge Roundtree, Silverman, Ysletla, ALL ABOVE THE LAWS FEDERAL AND STATE. STEALING HOMES LEFT AND RIGHT FROM CITIZENS, MILITARY, AND THE ELDERLY. THEY COULD CARE LESS. I HAVE
REPORTED TO THE FBI, US ATTORNEY, NO ONE GIVES A CRAP. -
Thre is nothing you can do to be heard.The Bar is as corrupted as the attorneys. Like you I have done complaints to the Bar,The Bar cover up every complaint. We are lost no one can help us in the
terryfing U.S. legal system, the ..internet, the last resort, no body cares you are alone in your fight.The attorney has take to Court false documents to place lien againt my property and the Judge
has given the Order to facilitated this robery. What do I do ? where do I go ?to another crook lawyer? The UNITED STATES legal system IS A PATHETIC JOKE.
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