Gillespie Response and Records Request To Ms Savitz Bar Counsel May-08-2015

RECEIVED, 5/8/2015 4:05 PM, Joanne P.
Simmons, Fifth District Court of Appeal
VIA Email: psavitz@flabar.org

Ms. Patricia Ann Toro Savitz
The Florida Bar
1000 Legion Place, Suite 1625
Orlando, Florida 32801-1050
May 8, 2015
Public Access to Judicial Branch Records, Art. I, 24, Florida Constitution

Fla. R. Jud. Admin. Rule 2.420(m)(1). Re: Complaint of Neil J. Gillespie against
Danielle Nicole Parsons, The Florida Bar File No. 2014-30,525 (09A)
Ms. Savitz:
This is a records request for file in File No. 2014-30,525 (09A). Art. I, 24, Rule 2.420(m)(1).
I have your letter dated January 30, 2015. It arrived by email February 10, 2015 from Paul Hill,
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 letter did not arrive by USPS. Provide evidence of mailing, or your affidavit of mailing.
I have your letter dated February 10, 2015 that was emailed to me by Rose M. Prichnick.
Parsons engaged in misconduct while supervising paralegal Yolanda I. Martinez, a non-lawyer.
In each letter, you wrote, 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.
I did not ask the bar to address any legal issues. My complaint alleged Ms. Parsons violated
the Rules of Professional Conduct. Ms. Parsons repeatedly violated Rule 4-3.3 Candor Toward
The Tribunal, including filing the action as a commercial foreclosure, when it is in fact a
residential foreclosure. Ms. Parsons also repeatedly violated the verification rule, and assisted
Debbie Sims, Vice President of Reverse Mortgage Solutions, Inc., in violating,
F.S. 837.06, False official statements, the Perjury chapter
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.
Do you contend that Ms. Parsons is protected by the litigation privilege? Debbie Sims is not a
lawyer and does not have protection from violating F.S. 837.06, False official statements.
The Litigation Privilege subverts the rule of law by allowing lawyers to lie in open court, and to
lie in court documents, about factual or legal matters in a case, for tactical advantage. It does not
appear constitutionally tolerable given a defendants right to, inter alia, due process.
Patricia Ann Toro Savitz

The Florida Bar
May 8, 2015
Page - 2
From the rebuttal letter March 10, 2014 of attorney Barry Davidson for Danielle Nicole Parsons,
The Florida Bar File No. 2014-30,525(9A), page 2:
With respect to any other claims Mr. Gillespie may allege in the future, I note that Ms.
Parsons is protected from liability by the litigation privilege, which extends to all causes
of action, including both common-law torts and statutory causes of action. Levin,
Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A. v. US. Fire Ins. Co., 639 So. 2d
606, 608 (Fla. 1994) (holding that any act occurring during the course of a judicial
proceeding enjoys "absolute immunity"); see also Echevarria, McCalla, Raymer, Barrett
& Frappier v. Cole, 950 So. 2d 380, 384 (Fla. 2007) (holding that the litigation privilege
extends to all causes of action, including statutory causes of action).
For example, Florida Bar Rule 4-3.3 Candor Toward The Tribunal. (attached)
RULE 4-3.3 CANDOR TOWARD THE TRIBUNAL
https://www.floridabar.org/divexe/rrtfb.nsf/FV/C7603354C3858947852574F60059B58C
(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;
(2) fail to disclose a material fact to a tribunal when disclosure is necessary to
avoid assisting a criminal or fraudulent act by the client;
(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction
known to the lawyer to be directly adverse to the position of the client and not
disclosed by opposing counsel; or
(4) offer evidence that the lawyer knows to be false. A lawyer may not offer
testimony that the lawyer knows to be false in the form of a narrative unless so
ordered by the tribunal. If a lawyer, the lawyers client, or a witness called by the
lawyer has offered material evidence and the lawyer comes to know of its falsity,
the lawyer shall take reasonable remedial measures including, if necessary,
disclosure to the tribunal. A lawyer may refuse to offer evidence that the lawyer
reasonably believes is false.
(b) Criminal or Fraudulent Conduct. A lawyer who represents a client in an adjudicative
proceeding and who knows that a person intends to engage, is engaging, or has engaged
in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial
measures, including, if necessary, disclosure to the tribunal.
(c) Ex Parte Proceedings. In an ex parte proceeding a lawyer shall inform the tribunal of
all material facts known to the lawyer that will enable the tribunal to make an informed
decision, whether or not the facts are adverse.
(d) Extent of Lawyer's Duties. The duties stated in this rule continue beyond the
conclusion of the proceeding and apply even if compliance requires disclosure of
information otherwise protected by rule 4-1.6.
Informational Packet, Candor Toward the Tribunal, Florida Bar Ethics Department (29 pages)
http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/0F161F3B5030FE0485256B29004BEEDD/$FILE/candor%20packet.pdf?OpenElement

The Florida Bar
May 8, 2015
Page - 3
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 clien.
Rule 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 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 attorney and 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

The Florida Bar
May 8, 2015
Page - 4
Ms. Savitz, this complaint opened December 6, 2013 by enclosed letter of Mr. Littlewood, and
closed February 10, 2015 with your letter, a duration of 431 days, or 1 year, 2 months, 4 days.
On May 22, 2014 Ghunise L. Coaxum informed me by letter (enclosed)
In December, 2013, you filed an unlicensed practice of law complaint against Yolanda I.
Martinez based on allegations that she engaged in the unlicensed practice of law through
a series of e-mail communications to you. The Committee Chair has concluded that the emails in question were all sent at the direction of Ms. Martinez's supervising attorney,
Danielle N. Parsons. The file is closed.
Beginning July 29, 2014 Lisa M. Acharekar, Office of Statewide Prosecution, was involved as
Chair of the Ninth Judicial Circuit Grievance Committee 09A, then she quickly disappeared
from the complaint against Ms. Parsons. (letters enclosed)
I received a Notice of Assignment of Investigating Member and/or Panel, dated September 2,
2014 in The Supreme Court of Florida, Before a Grievance Committee, appointing Jon Marshall
Oden, and Frank Harlan Killgore Jr. (Notice enclosed)
On September 23, 2014 you provided by letter, and Rose M. Prichnick provided by email 1,046
pages of public records in this grievance. (letter and one of six emails enclosed)
Beginning in September 2014 Mr. Killgore sought to interview me.
If your contention advanced by email letter dated February 10, 2015 is correct, why did you fail
to reach this conclusion sooner?
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
Cc. Mr. Barry R. Davidson (for Respondent)
Email: bdavidson@hunton.com
Cc. Mr. Frank Harlan Killgore Jr.
Email: Fhkillgore@kpsos.com
Cc. Mr. Jon Marshall Oden
Email: joden@balljanik.com
The Florida Bar

John F. Harkness, Jr.
Executive Director
Orlando Branch Office

The Gateway Center
(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,

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

Ocala, FL 34481
The Florida Bar

Executive Director

The Gateway Center
(407) 425-5424
www.FLORIDABAR.org
February 10, 2015

AMENDED
Via email only neilgillespie@mfi.net
Neil J. Gillespie
Ocala, FL 34481
Re:

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.

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,

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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4 RULES OF PROFESSIONAL CONDUCT
4-3 ADVOCATE

(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;
(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the
client;
(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the
position of the client and not disclosed by opposing counsel; or
(4) offer evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the
form of a narrative unless so ordered by the tribunal. If a lawyer, the lawyers client, or a witness called by the lawyer has
offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures
including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence that the lawyer reasonably believes is
false.
(b) Criminal or Fraudulent Conduct. A lawyer who represents a client in an adjudicative proceeding and who knows that a
person intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding shall take
reasonable remedial measures, including, if necessary, disclosure to the tribunal.
(c) Ex Parte Proceedings. In an ex parte proceeding a lawyer shall inform the tribunal of all material facts known to the lawyer
that will enable the tribunal to make an informed decision, whether or not the facts are adverse.
(d) Extent of Lawyer's Duties. The duties stated in this rule continue beyond the conclusion of the proceeding and apply even if
compliance requires disclosure of information otherwise protected by rule 4-1.6.
Comment
This rule governs the conduct of a lawyer who is representing a client in the proceedings of a tribunal. See terminology for the
definition of "tribunal." It also applies when the lawyer is representing a client in an ancillary proceeding conducted pursuant to the
tribunal's adjudicative authority, such as a deposition. Thus, for example, subdivision (a)(4) requires a lawyer to take reasonable
remedial measures if the lawyer comes to know that a client who is testifying in a deposition has offered evidence that is false.
This rule sets forth the special duties of lawyers as officers of the court to avoid conduct that undermines the integrity of the
adjudicative process. A lawyer acting as an advocate in an adjudicative proceeding has an obligation to present the client's case with
persuasive force. Performance of that duty while maintaining confidences of the client is qualified by the advocate's duty of candor
to the tribunal. Consequently, although a lawyer in an adversary proceeding is not required to present a disinterested exposition of
the law or to vouch for the evidence submitted in a cause, the lawyer must not allow the tribunal to be misled by false statements of
law or fact or evidence that the lawyer knows to be false.
Lawyers who represent clients in alternative dispute resolution processes are governed by the Rules of Professional Conduct. When
the dispute resolution process takes place before a tribunal, as in binding arbitration (see terminology), the lawyer's duty of candor
is governed by rule 4-3.3. Otherwise, the lawyer's duty of candor toward both the third-party neutral and other parties is governed
by rule 4-4.1.
Representations by a lawyer
An advocate is responsible for pleadings and other documents prepared for litigation, but is usually not required to have personal
knowledge of matters asserted therein, for litigation documents ordinarily present assertions by the client, or by someone on the
client's behalf, and not assertions by the lawyer. Compare rule 4-3.1. However, an assertion purporting to be on the lawyer's own
knowledge, as in an affidavit by the lawyer or in a statement in open court, may properly be made only when the lawyer knows the
assertion is true or believes it to be true on the basis of a reasonably diligent inquiry. There are circumstances where failure to make
a disclosure is the equivalent of an affirmative misrepresentation. The obligation prescribed in rule 4-1.2(d) not to counsel a client
to commit or assist the client in committing a fraud applies in litigation. Regarding compliance with rule 4-1.2(d), see the comment
to that rule. See also the comment to rule 4-8.4(b).
Misleading legal argument
Legal argument based on a knowingly false representation of law constitutes dishonesty toward the tribunal. A lawyer is not
required to make a disinterested exposition of the law, but must recognize the existence of pertinent legal authorities. Furthermore,
as stated in subdivision (a)(3), an advocate has a duty to disclose directly adverse authority in the controlling jurisdiction that has
not been disclosed by the opposing party. The underlying concept is that legal argument is a discussion seeking to determine the
legal premises properly applicable to the case.
False evidence
Subdivision (a)(4) requires that the lawyer refuse to offer evidence that the lawyer knows to be false, regardless of the client's
wishes. This duty is premised on the lawyer's obligation as an officer of the court to prevent the trier of fact from being misled by
false evidence. A lawyer does not violate this rule if the lawyer offers the evidence for the purpose of establishing its falsity.
If a lawyer knows that the client intends to testify falsely or wants the lawyer to introduce false evidence, the lawyer should seek to
persuade the client that the evidence should not be offered. If the persuasion is ineffective and the lawyer continues to represent the
client, the lawyer must refuse to offer the false evidence. If only a portion of a witness's testimony will be false, the lawyer may call
the witness to testify but may not elicit or otherwise permit the witness to present the testimony that the lawyer knows is false.
The duties stated in this rule apply to all lawyers, including defense counsel in criminal cases.
The prohibition against offering false evidence only applies if the lawyer knows that the evidence is false. A lawyers reasonable
belief that evidence is false does not preclude its presentation to the trier of fact.
The rule generally recognized is that, if necessary to rectify the situation, an advocate must disclose the existence of the client's
deception to the court. Such a disclosure can result in grave consequences to the client, including not only a sense of betrayal but
also loss of the case and perhaps a prosecution for perjury. But the alternative is that the lawyer cooperate in deceiving the court,
thereby subverting the truth-finding process that the adversary system is designed to implement. See rule 4-1.2(d). Furthermore,
unless it is clearly understood that the lawyer will act upon the duty to disclose the existence of false evidence, the client can
simply reject the lawyer's advice to reveal the false evidence and insist that the lawyer keep silent. Thus, the client could in effect
coerce the lawyer into being a party to fraud on the court.

Remedial measures
If perjured testimony or false evidence has been offered, the advocate's proper course ordinarily is to remonstrate with the client
confidentially if circumstances permit. In any case, the advocate should ensure disclosure is made to the court. It is for the court
then to determine what should be done making a statement about the matter to the trier of fact, ordering a mistrial, or perhaps
nothing. If the false testimony was that of the client, the client may controvert the lawyer's version of their communication when the
lawyer discloses the situation to the court. If there is an issue whether the client has committed perjury, the lawyer cannot represent
the client in resolution of the issue and a mistrial may be unavoidable. An unscrupulous client might in this way attempt to produce
a series of mistrials and thus escape prosecution. However, a second such encounter could be construed as a deliberate abuse of the
right to counsel and as such a waiver of the right to further representation. This commentary is not intended to address the situation
where a client or prospective client seeks legal advice specifically about a defense to a charge of perjury where the lawyer did not
represent the client at the time the client gave the testimony giving rise to the charge.
Refusing to offer proof believed to be false
Although subdivision (a)(4) only prohibits a lawyer from offering evidence the lawyer knows to be false, it permits the lawyer to
refuse to offer testimony or other proof that the lawyer reasonably believes is false. Offering such proof may reflect adversely on the
lawyer's ability to discriminate in the quality of evidence and thus impair the lawyer's effectiveness as an advocate.
A lawyer may not assist the client or any witness in offering false testimony or other false evidence, nor may the lawyer permit the
client or any other witness to testify falsely in the narrative form unless ordered to do so by the tribunal. If a lawyer knows that the
client intends to commit perjury, the lawyer's first duty is to attempt to persuade the client to testify truthfully. If the client still
insists on committing perjury, the lawyer must threaten to disclose the client's intent to commit perjury to the judge. If the threat of
disclosure does not successfully persuade the client to testify truthfully, the lawyer must disclose the fact that the client intends to
lie to the tribunal and, per 4-1.6, information sufficient to prevent the commission of the crime of perjury.
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.
This 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 notwithstanding good cause
for terminating representation of a client, a lawyer is obliged to continue representation if so ordered by a tribunal.
To permit or assist a client or other witness to testify falsely is prohibited by section 837.02, Florida Statutes (1991), which makes
perjury in an official proceeding a felony, and by section 777.011, Florida Statutes (1991), which proscribes aiding, abetting, or
counseling commission of a felony.
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 attorney and 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).
The United States Supreme Court in Nix v. Whiteside, 475 U.S. 157 (1986), answered in the negative the constitutional issue of
whether it is ineffective assistance of counsel for an attorney to threaten disclosure of a client's (a criminal defendant's) intention to
testify falsely.
Ex parte proceedings
Ordinarily, an advocate has the limited responsibility of presenting 1 side of the matters that a tribunal should consider in reaching a
decision; the conflicting position is expected to be presented by the opposing party. However, in an ex parte proceeding, such as an
application for a temporary injunction, there is no balance of presentation by opposing advocates. The object of an ex parte
proceeding is nevertheless to yield a substantially just result. The judge has an affirmative responsibility to accord the absent party
just consideration. The lawyer for the represented party has the correlative duty to make disclosures of material facts known to the
lawyer and that the lawyer reasonably believes are necessary to an informed decision.
[Revised: 02/01/2010]
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THE FLORIDA BAR

JOHN
F. HARKNESS, JR.
651 EAST JEFFERSON STREET

TALLAHASSEE, FL 32399-2300
EXECUTIVE DIRECTOR
850/561-5600
WWW.FLORIDABAR.ORG
December 6, 2013
Ms. Danielle Nicole Parsons
225 E Robinson St Ste 660
Orlando, FL 32801-4321
Re:
Dear Ms. Parsons:

Enclosed is a copy of an inquiry/complaint and any supporting documents submitted by the
above referenced complainant(s). Your response to this complaint is required under the
provisions of Rule 4-8.4(g), Rules of Professional Conduct of the Rules Regulating The Florida
Bar, and is due in our office by December 20, 2013. Responses should not exceed 25 pages and
may refer to any additional documents or exhibits that are available on request. Faillire to
provide a written response to this complaint is in itself a violation of Rule 4-8.4(g). Please note
that any correspondence must be sent through the u.s. mail; we cannot accept faxed material.
You are further required to furnish the complainant with a complete copy of your written
response, including any documents submitted therewith.
Please note that pursuant to Rule 3-7.1 (b), Rules of Discipline, any reports, correspondence,
papers, recordings and/or transcripts of hearings received from either you or the complainant(s)
shall become a part of the public record in this matter and thus accessible to the public upon a
disposition of this file. It should be noted that The Florida Bar is required to acknowledge the
status of proceedings during the pendency of an investigation, if a specific inquiry is made and
the matter is deemed to be in the public domain. Pursuant to Rule 3-7.1(t), Rules of Discipline,
you are further required to complete and return the enclosed Certificate of Disclosure form.
Further, please notify this office, in writing, of any pending civil, criminal, or administrative
litigation which pertains to this grievance. Please note that this is a continuing obligation should
new litigation develop during the pendency of this matter.

December 6, 2013
Page Two
Finally, the filing of this complaint does not preclude conlmunication between the attorney and
the complainant(s). Please review the enclosed Notice for information on submitting your
response.
Sincerely,
.~ ~
. . . . . . . Q,1I.
Theodore P. Littlewood Jr., Bar Counsel

Attorney Consumer Assistance Program
ACAP Hotline 866-352-0707
Enclosures (Certificate of Disclosure, Notice of Grievance Procedures, Copy of Complaint,

Notice - Mailing Instructions)
cc:
NOTICE OF GRIEVANCE PROCEDURES
1.
The enclosed letter is an informal inquiry. Your response is required under the
provisions of The Rules Regulating The Florida Bar 4 8.4(g), Rules of Professional Conduct.
Failure to provide a written response to this complaint is in itself a violation of Rule 4 8.4(g). If
you do not respond, the matter will be forwarded to the grievance committee for disposition in
accordance with Rule 3-7.3 of the Rules of Discipline.
2.
Many complaints considered first by staff counsel are not forwarded to a grievance
committee, as they do not involve violations of the Rules of Professional Conduct justifying
disciplinary action.
3.
"Pursuant to Rule 3-7.I(a), Rules of Discipline, any response by you in these proceedings
shall become part of the public record of this matter and thereby become accessible to the public
upon the closllre of the case by Bar counselor upon a finding of no probable cause, probable
cause, minor misconduct, or recommendation of diversion. Disclosure during the pendency of
an investigation may be made only as to status if a specific inquiry concerning this case is made
and if this matter is generally known to be in the public domain."
4.
The grievance committee is the Bar's "grand jury." Its function and procedure are set
forth in Rule 3-7.4. Proceedings before the grievance committee, for the most part, are non
adversarial in nature. However, you should carefully review Chapter 3 of the Rules Regulating
The Florida Bar.
5.
If the grievance committee finds probable cause, formal adversarial proceedings, which
ordinarily lead to disposition by the Supreme Court of Florida, will be commenced under
3-7.6, unless a plea is submitted under Rule 3-7.
NOTICE
Mailing Instructions
The Florida Bar converts its disciplinary files to electronic media. All submissions are being scanned
into an electronic record an~ hard copie.s are discarded. To help ensure the timely process~g of your
inquiry/complaint, please review the following guidelines prior to sublnitting it to our office.
1. Please limit your su bmission to no more than 25 pages including exhibits. If you have
additional documents available, please make reference to them in your written submission as
available upon request. Should Bar counsel need to obtain copies of any such documents, a
subsequent request will be sent to you.
2. Please do not .bind, or index your documents. You may underline but do not highlight
documents under any circumstances. We ~can documents for use in our disciplinary files and
when scanned, your doculnent highlighting will eith.er not be picked up or may obscure any
underlying text.
3. Please refrain from attaching media such as audio tapes or CDs, oversized do~iiinents, or.
photographs. We cannot procfss any n:edia that cannot be scanned into tIle electronic record.
4. Please do not submit your original documents. All documents will be discarded after
scan.ning and we will not be able to return any originals" submitted to our office. The only
original document .that should be proyided to our office is the inquiry/complai?t form.
5. Please do not submit confidential or privileged information. Documents submitted to our
office become public rec.ord. Confidential/privileged information should be redacted. Such
infonl1ation includes, but is not lill1ited to, ballk account numbers, social security numbers, credit
card ac.count nUlnbers, 111edical records, dependency nlatters, termination of parental rights,
guardian ad litem records, child abuse records, adoption records, doclilnents containing names of
lninor children, original birth and death certificates, Baker Act records, grand jury records, and
juvenile delinquency r~cords. If information of this nature is important to your submission,
please describe the nature of the infonnation and indicate that it is available upon request. Bar
counsel will contact you to make appropriate arrangements for the protection of any such
infonnation that is required as part of the investigation of the .complaint.
Please be aware that materials received that do not meet these guidelines may be returned. ThaJ.lk
you for your consideration in this respect.
THE FLORIDA BAR

651 EAST JEFFERSON STREET
JOHN
F. HARKNESS, JR.
TALLAHASSEE,
FL 32399-2300
EXECUTIVE DIRECTOR
850/561-5600
WWW.FLORIDABAR.ORG
December 6, 2013
8092 S.W. 115th Loop
Ocala, FL 34481
Re:
Danielle Nicole Parsons; The Florida Bar File No. 2014-30,525 (9A)
Dear Mr. Gillespie:

Enclosed is a copy of our letter to Ms. Parsons which requires a response to your complaint.
Once you receive Ms. Parsons's response, you have 10 days to file a rebuttal if you so desire. If
you decide to file a rebuttal, you must send a copy to Ms. Parsons. Rebuttals should not exceed
25 pages and may refer to any additional documents or exhibits that are available on request. Please
address any and all correspondence to me. Please note that any correspondence must be sent
through the U.S. mail; we cannot accept faxed material.
Please be advised that as an arm of the Supreme Court of Florida, The Florida Bar can
investigate allegations of misconduct against attorneys, and where appropriate, request that the
attorney be disciplined. The Florida Bar cannot render legal advice nor can The Florida Bar
represent individuals or intervene on their behalf in any civil or crinlinal nlatter. Further, please
notify this office, in writing, of any pending civil, criminal, or administrative litigation which
pertains to this grievance. Please note that this is a continuing obligation should new litigation
develop during the pendency of this matter.
Please review the enclosed Notice on mailing instructions for information on submitting your
rebuttal.
Sincerely,
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Theodore P. Littlewood Jr., Bar Counsel

Attorney Consumer Assistance Program
ACAP Hotline 866-352-0707
Enclosures (Notice of Grievance Procedures, Copy of Letter to Ms. Parsons; Notice - Mailing
Instructions)
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Executive Director
The Gateway Center

(407) 425-0473
www.FLORIDABAR.org
May 22,2014
8092 SW 115th Loop
Ocala, FL 34481
Re:
Unlicensed Practice of Law Investigation of Yolanda I. Martinez

Case No. 20143031(9A)
Dear Mr. Gillespie:

In December, 2013, you filed an unlicensed practice of law complaint against Yolanda I.
Martinez based on allegations that she engaged in the unlicensed practice of law through a series
of e-mail communications to you. The Committee Chair has concluded that the e-mails in
question were all sent at the direction of Ms. Martinez's supervising attorney, Danielle N.
Parsons. The file is closed.
Sincerely,
Ghunise L. Coaxum
Branch UPL Counsel
UPL Department, Orlando
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The Gateway Center

Executive Director
(407) 425-5424
www.FLORIDABAR.org
July 29,2014
Via email onlylisa.acharekar@myfloridalegal.com

Lisa M. Acharekar, Chair
Office of Statewide Prosecution
135 W. Central Blvd Stet 1000
Re:

Dear Ms. Acharekar:

This is to advise that the above-referenced matter has been forwarded to your committee for
further investigation and disposition.
The documents will soon be posted to the Grievance Committee Webpage for the Committee's
convenience. As always, if I can be of further assistance, please do not hesitate to contact me.
Sincerely,
Bar Counsel
PAS/rmp
cc:
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.~arry Rodney Davidson, via email onlybdavidson@hunton.com

\./Neil J. Gillespie
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Executive Director

The Gateway Center
(407) 425-5424
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August 6, 2014
Via email only
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Re:
Complaint of Neil J. Gillespie against Danielle Nicole Parsons

Dear Mr. Gillespie:

This correspondence is to clarify the current status of this matter. The case has been referred to
the Ninth Judicial Circuit Grievance Committee 09A. The chair of the committee is Lisa M.
Acharekar. You will be notified in writing regarding the appointment of Investigating Members
for further investigation by the committee. The case has not been referred to the Attorney
Generals Office or the Office of the Statewide Prosecutor for investigation.
Thank you for your continued cooperation with this matter.
Sincerely,

Bar Counsel
Cc:
Barry R. Davidson, Counsel for Respondent- via email only

Lisa M. Acharekar, Chair- via email only
Page 1 of 1
Neil Gillespie
From:
To:
Cc:
"Rose M Prichnick" <RPrichnick@flabar.org>

<neilgillespie@mfi.net>
"Patti A. Savitz" <psavitz@flabar.org>; <lisa.acharekar@myfloridalegal.com>;
<bdavidson@hunton.com>
Sent:
Wednesday, August 06, 2014 9:26 AM
Attach:
Letter to Complainant.pdf
Subject: Complaint of Neil J. Gillespie against Danielle Nicole Parsons The Florida Bar File No. 2014-30,525
(09A)
Letter to Complainant 08/05/2014
__________________________
Rose M. Prichnick
Legal Secretary
Lawyer Regulation
THE FLORIDA BAR
Phone: 407-425-5424, Ext. 4426

Fax:
407-841-5403
Email: rprichni@flabar.org
Web: http://www.floridabar.org
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.
8/6/2014
IN THE SUPREME COURT OF FLORIDA

(Before a Grievance Con1mittee)
IN RE:

NOTICE OF ASSIGNMENT OF INVESTIGATING MEMBER
AND/OR PANEL
TO:
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Barry Rodney Davidson

Counsel for Respondent
Barclays Financial Center
1111 Brickell Ave. Floor 25
Miami, FL 33131-3101
Tele: (305)810-2500
bdavidson@hunton.com
The complaint is hereby assigned to the following member(s) of the committee for
investigation:
Frank Harlan Killgore Jr.
Killgore, Pearlman, Stamp, Ornstein &
Squires
P.O. Box 1913
Tele: (407)425-1020
Jon Marshall Oden

Ball Janik L.L.P.
201 E. Pine St. Ste .825
Tele: (407)902-2077
Notice is given that this case will be considered by the committee.

Respondent and complainant shall contact the investigating members within 10
days from the date of this notice to discuss the investigation of this matter.
DATED this 2day of September, 2014.
Bar Counsel
The Florida Bar
(407) 425-5424
psavitz@flabar.org
Copies furnished to:

Frank H. Killgore' Jr., Chair, Ninth Judicial Circuit Grievance Committee "A" and
Investigating Member
Jon Marshall Oden, Investigating Member
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Page 1 of 1
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
"Rose M Prichnick" <RPrichnick@flabar.org>

<neilgillespie@mfi.net>
"Patti A. Savitz" <psavitz@flabar.org>
Tuesday, September 23, 2014 4:07 PM
Letter to Neil J. Gillespis.pdf; Parsons-Gillespie-Part 1.pdf; Parsons-Gillespie-Part 2.pdf; ParsonsGillespie-Part 3.pdf
Subject: Complaint of Neil J. Gillespie against Danielle Nicole Parsons The Florida Bar File No. 2014-30,525
(09A)
Dear Mr. Gillespie,
Due to the size of some of the files; you will be receiving multiple batches of emails with
attachments.
I have attached a letter from Ms. Savitz, dated 9/23/14 with attachments Part 1,2 and 3.
__________________________
Rose M. Prichnick
Legal Secretary
Lawyer Regulation
THE FLORIDA BAR
Phone: 407-425-5424, Ext. 4426

Fax:
407-841-5403
Email: rprichni@flabar.org
Web: http://www.floridabar.org
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.
9/24/2014

Gillespie Response and Records Request To Ms Savitz Bar Counsel May-08-2015

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Gillespie Response and Records Request To Ms Savitz Bar Counsel May-08-2015

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RECEIVED, 5/8/2015 4:05 PM, Joanne P.

Simmons, Fifth District Court of Appeal

VIA Email: psavitz@flabar.org

Public Access to Judicial Branch Records, Art. I, 24, Florida Constitution

Patricia Ann Toro Savitz

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

Patricia Ann Toro Savitz

Patricia Ann Toro Savitz

The Florida Bar

Orlando Branch Office

January 30, 2015

Complaint by Neil J. Gillespie against Danielle Nicole Parsons

Dear Mr. Gillespie:

Patricia Ann Toro Savitz

Robert J Stovash, Chair

Mr. Neil J. Gillespie

The Florida Bar

Orlando Branch Office

February 10, 2015

Complaint by Neil J. Gillespie against Danielle Nicole Parsons

Dear Mr. Gillespie:

Complaint by Neil J. Gillespie against Danielle Nicole Parsons

Patricia Ann Toro Savitz

Robert J Stovash, Chair via email

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THE FLORIDA BAR

651 EAST JEFFERSON STREET

Ms. Danielle Nicole Parsons

225 E Robinson St Ste 660

Complaint by Neil J. Gillespie against Danielle Nicole Parsons

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

Dear Ms. Parsons:

Ms. Danielle Nicole Parsons

Theodore P. Littlewood Jr., Bar Counsel

Enclosures (Certificate of Disclosure, Notice of Grievance Procedures, Copy of Complaint,