HomeMy Public PortalAboutUn-Licensed Practice Complaint FormTHE FLORIDA BAR
Unlicensed Practice of Law
Complaint Form
There is a requirement for you to execute the oath at the end of this form. False statements made in bad
faith or with malice may subject you to civil or criminal liability. A copy of your complaint may be sent
to the nonlawyer during the course of the investigation. Additionally, if the nonlawyer asks who
complained, your name will be provided. Further information may be found in the pamphlet "Filing an
Unlicensed Practice of Law Complaint"
Your
UPL Department
Nonlawyer's
Name:
Scott W. Morgan
Name:
Address:
100 Sea Rd.
Address:
City:
Gulf Stream
City:
State & Zip:
FL 33483
State & Zip:
Telephone:
561-276-5116
Telephone:
Jonathan R. O'Boyle
1286 West Newport Center Dr.
Deerfield Beach
FL 33442
954-574-6885
Describe your complaint and attach a copy of relevant documents. Please limit complaint and
attachments to 25 pages.
My name is Scott W. Morgan and I am the Mayor of the Town of Gulf Stream.
On behalf of the Town, I am filing the attached ten (10) page Complaint. This Complaint is being filed
both with The Florida Bar's Attomey/Consumer Assistance Program against certain lawyers of The
O'Boyle Law Firm for violations of numerous rules of The Florida Bar, as well as with The Florida Bar's
Unlicensed Practice of Law Division against a specific individual, Jonathan R. O'Boyle of The O'Boyle
Law Firm.
Under penalty of perjury, I declare that I have read the foregoing document and that to the best of my
knowledge and belief the facts stated in it are true.
05
RETURN TO THE FLORIDA BAR
.,f12s11Y
Date
UPL Department
UPL Department
UPL Department
UPL Department
UPL Department
The Florida Bar
The Florida Bar
The Florida Bar
The Florida Bar
The Florida Bar
Suite 2580
The Gateway Center
Lake Shore Plaza 11
Rivergate Plaza
651 E. Jefferson St.
4200 George J. Bean
Suite 1625
Suite 130
Suite M-100
Tallahassee, FL
Pkwy.
1000 Legion Place
1300 Concord Ter.
444 Brickell Ave.
32399-2300
Tampa, FL 33607
Orlando, FL 32801
Sunrise, FL 33323
Miami, FL 33131
Please allow this correspondence to serve as a formal complaint regarding the activities
of The O'Boyle Law Firm, P.C., Inc., a Foreign Profit corporation formerly known as Jonathan
R. O'Boyle P.C. with its principal place of business in Deerfield Beach, Florida ("the O'Boyle
Law Firm"), and the following attorneys practicing with that firm who are engaged in public
records litigation throughout the State of Florida:
Jonathan O'Boyle (Florida Bar admission pending)
William Ring, Florida Bar No. 961795
Giovani Mesa, Florida Bar No. 86798
Nickalaus Taylor, Florida Bar No. 51629
Verhonda Williams, Florida Bar No. 92607
Ryan Witmer, Florida Bar No. 0107563
The public records litigation prosecuted by this firm and attorneys includes 25 Public Records
Act suits filed against the Town of Gulf Stream ("the Town") since January 2014 on behalf of
Martin O'Boyle and entities affiliated with him.
I have reason to believe that The O'Boyle Law Firm and its attorneys have violated
numerous rules of The Florida Bar including R. Reg. Fla. Bar 4-1.5(a), 4-1.5(f), 4-1.6 and 4-7.18
and that the firm and attorney Jonathan R. O'Boyle are engaged in the unlicensed practice of law
in violation of Rule 4-5.5. The Town of Gulf Stream seeks restitution pursuant to R. Reg. Fla.
Bar. 10-7.1.
The O'Boyle Law Firm f/k/a Jonathan R. O'Boyle P.C.
The O'Boyle Law Firm has been operating in Florida since mid-January 2014. It was
formed by Jonathan O'Boyle as a Pennsylvania corporation on November 14, 2013.
The O'Boyle Law Firm submitted an Application by Foreign Corporation for
Authorization to Transact Business in Florida to the Florida Division of Corporations on or about
January 15, 2014. In the Application, the O'Boyle Law Firm represented the following:
Jonathan O'Boyle is the President and sole officer and director of The O'Boyle
Law Firm;
A principal office address at address of 1280 W. Newport Center Drive, Deerfield
Beach, FL 33442; and
A mailing address of 2146 E. Huntingdon Street, Philadelphia, PA 19125
The Application was completed by paralegal Norma Lenna, who provided an email address of
nlenna n,commerce-group.com. (The Application is available on the Florida Division of
Corporations website at www.sunbiz.ors).
The O'Boyle Law Firm was registered to transact business with the State of Florida
effective February 10, 2014.
Non -Florida Bar Member Jonathan R. O'Boyle
A recent, 2012 graduate of Drexel University School of Law, Jonathan O'Boyle is
admitted to the Pennsylvania Bar (PA Bar #314500). He has apparently passed The Florida Bar
examination but has not been admitted to The Florida Bar.
Just two months after The O'Boyle Law Finn was incorporated in Pennsylvania in
November 2013, Jonathan O'Boyle moved to appear pro hac vice in Florida state and federal
court cases. On January 23, 2014, he filed a sworn Verified Motion for Admission to Appear Pro
Hac Vice in the case of Christopher F. O'Hare v. Town of Gulfstream and William H. Thrasher,
Jr., Case No.: 2014CA000720XXXXMB Al, pending before the Honorable Meenu Sasser. In
that Motion, Jonathan O'Boyle swore in paragraph 2 that he is a member of The O'Boyle Law
Firm with offices at 2146 E. Huntingdon Street, Philadelphia. (That address appears to be a
residential property constituting a homestead owned by a relative of Mr. O'Boyle, Kelly L.
O'Boyle). He also swore that he is domiciled in and permanently resides at 107 South 13th Street,
Longport, New Jersey.
In addition to the case before Judge Sasser, Jonathan O'Boyle has applied to appear pro
hac vice in the following Florida cases:
• Martin O'Boyle v. Town of Gulf Stream, Case No.: 9:2013-cv-80530-DMM
(Middlebrooks, J.) (since dismissed) on June 17, 2013 (see Exhibit "H"); and
• Christopher O Hare v. Town of Gulfstream, Case No.: 9:13-CV-81053-KLR
(Ryskamp, J.), on or about January 13, 2014 (see Exhibit "I").
Although Jonathan O'Boyle represented to the Florida courts that he practiced outside the
state, as of April 4, 2014, the Pennsylvania Bar had Jonathan O'Boyle registered as an out-of-
state lawyer with an address at the home of his father, Martin O'Boyle, at 23 North Hidden
Harbour Drive in Gulfstream, Florida, and a telephone number with a (561) area code. (Exhibit
"1"). Thus, as of April 4, 2014, the Pennsylvania Supreme Court did not reflect that Jonathan
O'Boyle actively practiced in the state.
More recently, Jonathan O'Boyle has apparently changed his Pennsylvania Bar
information and as of May 29, 2014, the Pennsylvania Supreme Court records reflect that he
practices in Cambria County, Pennsylvania with an address of 1001 Broad Street, Johnstown,
PA. (Exhibit "2"). Johnston, Pennsylvania is more than five (5) hours from Longport, New
Jersey, where Jonathan O'Boyle advised Judge Sasser he resides.
The Non -Law Firm Feeder Entities
On information and belief, recognizing that the filing of thousands of public records
requests to business and public agencies across the State would lead to litigation and statutory
attorney's fee entitlements (see Fla. Stat. § 119.12), Martin O'Boyle joined with his son Attorney
Jonathan O'Boyle and his long-time business associate Attorney Ring to create The O'Boyle
Law Firm and, simultaneously, the non-profit foundation CAFI, and to re -activate corporate
entities previously formed by Martin O'Boyle for the sole purpose of feeding public records
litigation to his son Jonathan O'Boyle and The O'Boyle Law Firm.
To this end, the O'Boyle Law Firm's principal place of business is in a suite of offices
owned and/or leased by Martin E. O'Boyle a real estate developer who resides in Gulf Stream,
Florida. According to Florida Department of State Division of Corporations records available at
www.sunbiz.org, the following entities affiliated with Martin O'Boyle are also located at 1280
West Newport Center Drive, the address the O'Boyle Law Firm first provided the Florida
Division of Corporations:
• Commerce Group, Inc. — a Florida corporation, which has been located at 1280
West Newport Center drive since at least 1992, according to the Florida Division
of Corporations. Martin O'Boyle is the President of the Commerce Group and
Martin O'Boyle's longtime real estate counsel, William Ring, Esq., is its Vice
President.
• Citizens Awareness Foundation, Inc. — a Florida non-profit corporation
incorporated on January 27, 2014, approximately two (2) weeks after the O'Boyle
Law Firm applied to do business in Florida. Attorney Ring was the President of
CAR from incorporation until the end of June 2014. The current President and
former Treasurer (Jan. 27 — June 23, 2014) of CAM is Denise DeMartini, a non -
lawyer and longtime business associate of Martin O'Boyle. The former Executive
Director of CAM advises that CAM is funded by Martin O'Boyle.
• STOPDIRTYGOVERNMENT LLC — a Florida limited liability company
established in 2011. Martin O'Boyle is its Manager and Attorney Ring its
registered agent.
• CG Acqusition Company, Inc. — a Florida profit corporation incorporated in
1998. Its officers are Martin O'Boyle and Attorney Ring.
According to Joel Chandler, the former Executive Director of CAR ("Chandler"),' the
O'Boyle Law Firm is housed in the offices of the Commerce Group. Commerce Group
employees are free to walk through the law firm's space and the two entities shared employees.
The O'Boyle Law Firm does not have a separate sign or door to its law offices. While the
O'Boyle Law Firm documented a change of address with the Florida Division of Corporations
on February 14, 2014, from 1280 to 1286 West Newport Center Drive, that address is across the
hall from the Commerce Group space and was not renovated prior to Chandler's resignation
from CAM in June 2014.
From January 2014 to the present, the aforementioned entities as well as Martin O'Boyle
and other individuals and entities affiliated with him (Denise DeMartini, Airline Highway LLC,
Asset Enhancement, Inc., Our Public Records, LLC) have made public records requests to the
' As noted at the conclusion of this correspondence, counsel for the Town of Gulf Stream has obtained a lengthy
statement from Mr. Chandler and can make that statement available upon request.
Town, most if not all directing responses to a domain name used by Martin O'Boyle's real estate
development company the Commerce Group, Inc. - recordsgcommerce-group.com
Creation of Citizens Awareness Foundation Inc. ("CAFI")
In January 2014 Martin O'Boyle contacted Chandler about creating a non-profit
foundation to engage in public records and open meetings advocacy. At the time, Chandler had
been working as a self-employed civil rights and public records activist. He had considerable
experience in making public records requests and in public records request litigation throughout
the State of Florida.
On or about January 22, 2014, Chandler was invited to the O'Boyle home in Gulf Stream,
Florida. At the initial meetings, which included Jonathan O'Boyle, Chandler and the O'Boyle's
discussed the creation of the foundation and the O'Boyle Law Firm's capacity for handling
public records litigation throughout the state. The O'Boyles had proposed retaining Chandler to
work for a non-profit foundation they had already created but Chandler believed a conflict would
exist as Jonathan O'Boyle already served as a director of that foundation.
CAFI was incorporated as a Florida non-profit corporation on January 27, 2014 and
Chandler began work as its Executive Director immediately. The officers and directors of CAM
at that time were Martin O'Boyle's long-time (30 years or more) business associates and
employees of the Commerce Group: Attorney Ring, President; Denise DeMartini, Treasurer; and
Brenda Russell, Secretary.
Chandler was advised (including by Martin O'Boyle) that Martin O'Boyle funds the
O'Boyle Law Firm and CAFI. A Commerce Group employee handled payroll for CAM and,
presumably, for the O'Boyle Law Firm.
CAM paid Chandler $120,000 per year to travel the state making hundreds of public
records requests to public entities and state contractors. Thereafter, any evidence that would
serve as a pretext for a lawsuit was to be forwarded immediately to Jonathan O'Boyle for the
filing of litigation. (Chandler had initially requested a reduced salary and the opportunity to
continue his own pro se public records litigation but O'Boyle refused). Chandler understood that
litigation was only one part of the open government advocacy that CAFI would advance and that
he would have the sole authority to authorize public records litigation and to engage law firms on
CAFI's behalf. As instructed, Chandler began creating public records requests and legal claims
and referring these to the O'Boyle Law Firm. However, almost immediately after Chandler
began with CAFI, O'Boyle expressed to him a lack of interest in advocacy efforts.
Chandler understood Jonathan O'Boyle to be working full-time at the O'Boyle Law Firm
offices in Deerfield Beach and to permanently reside at his parents' home in Gulf Stream,
Florida during the time that Chandler was associated with CAFI, from January to June 2014.
Jonathan O'Boyle directed the activities of the O'Boyle Law Firm in Florida.
At the end of March and in early April 2014, Chandler learned that a receptionist for the
Commerce Group had been making public records requests to the Town of Gulf Stream on
behalf of CAR without his knowledge or approval but, instead, at the direction of Martin
O'Boyle. Chandler later learned that well over a hundred unauthorized public records requests
had been made by the Commerce Group in the foundation's name.2
In mid-April 2014, Chandler came to learn that Denise DeMartini, Martin O'Boyle's
long-time business associate at the Commerce Group and the CAR director to whom Chandler
reported, was managing operations of The O'Boyle Law Firm. Chandler attended one meeting of
the O'Boyle Law Firm that was run by DeMartini remotely by telephone from her home in
Martin County, Florida. The meeting focused on the number of new cases that had been filed
rather than management of pending cases. Additionally, while Chandler understood he was
participating in order to discuss CAFI cases, conversations were had in his presence about other
public records cases to which neither he nor CAM nor DeMartini were a party, including cases
Chandler had referred to the O'Boyle Law Firm.
DeMartini expressed to Chandler on numerous occasions her frustration that CAR was
not generating sufficient new public records cases for the O'Boyle Law Firm. Toward the end of
April 2014, in response to an email from Chandler outlining the advocacy and educational
outreach contemplated by CAM employee Cathy Zollo, DeMartini expressed the law firm's
expectation that Chandler produce a minimum of 25 new lawsuits a week for the O'Boyle Law
Firm to file.
Chandler's efforts to refer lawsuits to attorneys other than the O'Boyle Law Firm were
rejected. For instance, Chandler suggested that one lawsuit arising out of a public records request
made by him on behalf of CAFI, CAR v. Barnes & Noble College Bookstore, be referred to the
Thomas & LoCicero law firm in Tampa. Thomas & LoCicero had represented Chandler for
years and he considered them the preeminent open government litigators in Florida. Attorney
Ring advised Chandler that after discussing the matter with DeMartini he was not inclined to let
Chandler refer any cases to any law firm other than the O'Boyle Law Firm.
On May 19, 2014 Chandler met with Ring and DeMartini and again demanded that
public records requests and lawsuits cease being filed without his knowledge or approval. After
consulting with Martin O'Boyle, Ring and DeMartini agreed that this would no longer occur and
confirmed that Chandler had the sole authority to make public records requests as well as to
commence or to settle public record request lawsuits. Nevertheless, the O'Boyle Law Firm filed
a new lawsuit purportedly on behalf of CAFI against the Town of Gulf Stream and engineering
firm Brannon & Gillespie, LLC the very next day (see CAFI v. Gulf Stream and Brannon &
Gillespie LLC, Case No. 2014CAXXXXMB006112 AA (151' Judicial Circuit in and for Palm
Beach Cty.).
DeMartini expressed to Chandler on numerous occasions her frustration that CAFI was
not generating sufficient new public records cases. At the end of May 2014, DeMartini
repeatedly requested that Chandler prepare verified complaints including templates to be used by
the O'Boyle Law Firm in public records request litigation. Chandler refused, citing independent
2 In fact, some 40 public records requests were made by CAR to the Town over a 2 -day period on April 22 and 23,
2014, with directions to respond to imohlerecitizensawarenessfoundation.ore .
advice that to do so would constitute the unlicensed practice of law. Despite this, DeMartini
continued to attempt to coax Chandler to draft lawsuits for The O'Boyle Law Finn.
In June 2014, Chandler learned that The O'Boyle Law Firm was engaged in what he
deemed an attorneys' fee "windfall scheme". The scheme involved the firm demanding monetary
settlements on behalf of CAM far in excess of the actual and reasonable attorneys' fees and
expenses incurred and contemplated in F.S. §119.12 and to keep all of the proceeds including the
"windfall". Ring, Jonathan O'Boyle and DeMartini requested that Chandler approve the scheme.
Thereafter Chandler learned that Ring, DeMartini and Jonathan O'Boyle actually represented
that Chandler had approved the scheme, even though he had vehemently objected to it. When
Chandler expressed his outrage, he was advised that "windfall" settlement demands were being
made in accordance with the O'Boyle Law Firm policy.
On June 30, 2014 Chandler arrived at the Commerce Group/CAF/O'Boyle Law Firm
office and presented his letter of resignation to Ring.
On July 3, 2014, CAR filed Articles of Amendment by which DeMartini became its
President following Ring's resignation. Ring continues to serve as General Counsel and Vice
President of The Commerce Group and is newly associated with The O'Boyle Law Firm. He has
filed at least one public records suit on behalf of Martin O'Boyle and
STOPDIRTYGOVERNMENT LLC while an attorney at The O'Boyle Law Firm. See
STOPDLRTYGOVERNMENT LLC and Martin E. O'Boyle v. Gulf Stream, Case No.
2014CA009529RL (Cty. Court, 151' Jud. Cir. in and for Palm Beach Cty.).
The Public Records Lawsuits
The O'Boyle Law Firm has filed 25 public records lawsuits against the Town of Gulf
Stream since January 22, 2014. Those suits have been filed on behalf of Martin O'Boyle, CAFI,
STOPDIRTYGOVERNMENT LLC and CG Acquisition Company, Inc. Notwithstanding the
hundreds of public records requests made to the Town by Martin O'Boyle and his affiliated
entities, including CAFI, The O'Boyle Law Firm has filed every suit arising out of these
requests.
The O'Boyle Law Firm has now filed hundreds of public records lawsuits throughout the
State of Florida but, on information and belief, has not filed any such lawsuits in the State of
Pennsylvania or elsewhere.
Violations of The Florida Bar Rules
Sharing Space With Non -Lawyers, Sharing Client Confidences
The O'Boyle Law Firm's sharing of space with its clients including the Commerce
Group, STOPDIRTYGOVERNMENT LLC, CAFI, CG Acquisition Company Inc. and
numerous other legal entities that identify 1280 West Newport Center Drive as their principal
place of business and have made public records requests to the Town (Asset Enhancement, Inc.,
Our Public Records, LLC) violates Rule Reg. Fla. Bar 4-1.6 (requiring attorney to preserve in
confidence all information relating to representation of his or her clients). See Fla. Bar Ethics
Op. 88-15 (Oct. 1, 1988) ("An attorney must take steps to avoid misleading the public as to the
nature of the business activities being conducted within his or her offices.")
Captive Law Firm and Feeder Relationships
The Florida Bar rules do not appear to permit the feeder relationship that Martin
O'Boyle, Jonathan O'Boyle and William Ring have created whereby a non-profit foundation is
created for the sole purpose of generating public records litigation to be sent to a single law firm
to pursue attorney's fee claims. Attorney Ring's service as an officer and director of CAFI, an
officer of CG Acquisition Company, Inc., a Vice President of the Commerce Group and now as
an attorney at the O'Boyle Law Firm, which is prosecuting public records suits on behalf of all
of these entities from the same offices evidences the impropriety of this situation. See Fla. Bar
Ethics Op. 02-8 (Jan. 16, 2004) ("this Committee has issued a number of opinions which
preclude an attorney from using a nonlegal business as a `feeder' to the attorney's law firm)
(citing Fla. Bar Ethics Ops. 88-15, 79-3, 78-14 and 73-1).
The O'Boyle Law Firm is effectively a captive law firm financed by Martin O'Boyle to
generate business for his son, who is not a member of The Florida Bar. This relationship violates
the solicitation rules of The Florida Bar. See R. Reg. Fla. Bar. 4-7.18(a). DeMartini's soliciation
of business on behalf of The O'Boyle Law Finn is likewise prohibited. Fla. Bar Ethics Op. 89-4
(Aug. 15, 1989) (law firm may not allow its nonlawyer marketing director to solicit business for
the firm in any manner forbidden to lawyers themselves)
Windfall Fee Scheme
The O'Boyle Law Firm appears to be engaged in a windfall fee scheme that violates The
Florida Bar rules. To the extent the firm represented CAFI and other public records clients
pursuant to a contingent fee agreement, the agreement had to be in writing and a written closing
statement prepared. See Reg. Fla. Bar. 4-1.5(f)(1), (2) and (5). The Florida Bar Rules also
prohibit attorneys from collecting clearly excessive fees and fees "generated by employment that
was obtained through advertising or solicitation not in compliance with R. Reg. Fla. Bar. 4-
1.5(a).
Unlicensed Practice of Law
As set forth above, it appears that Jonathan O'Boyle, a lawyer not admitted to practice in
Florida, has "establish[ed] an office or other regular presence in Florida for the practice of law"
in violation of R. Reg. Fla. Bar. 4-5.5.
It is also questionable whether The O'Boyle Law Firm is a valid interstate law firm. Fla.
Bar. Ethics Op. 74-78 (Dec. 26, 1974) ("The partnership [contemplated by an interstate law
firm], however, must be a full, bona fide partnership in which the profits and losses of several
offices are actually shared according to the terms of a partnership agreement."). See also The
Florida Bar v. Savitt, 363 So. 2d 559 (Fla. 1978).
Counsel for the Town has obtained a lengthy sworn video statement from former CAR
Executive Director, Joel Chandler, and can make the transcript and/or the videotape available to
The Florida Bar upon request.
Under penalty of perjury, I declare that I have read the foregoing document and that to
the best of my knowledge and belief the facts stated in it are true.
S' at
Scott W. Morgan
Mayor
Town of Gulf Stream
100 Sea Rd.
Gulf Stream, FL 33483
8 �Aw
Date
rA arlomey tnrormauon I Yennsylvama lllrscrphnary Board
Page 1 of 1
The Disciplinary Board
of the Supreme Court of Pennsylvania
PA Attorney Information
Jonathan Reilly O'Boyle
PA Attorney ID:
314500
Current Status:
Active
Date of Admission:
11/13/2012
Lawflrrn:
Other Organization:
District-
County:
istrict
County: /QqLpf State —N-`
Public Access 23 N HIDDEN HAR60UR OR
Tel:_ %F61758-1223
fax
Professional Liability
Insurance:
I do not maintain Professional Liability Insurance pursuant to the provisions of Rule of
Professional Conduct 1.4(C), but I do have private clients and/or a possible exposure to
malpractice actions.
Comment
Discipline:
oaacr.mlalb.DWCkAwgeoxddn.Su m. ryedPw,#adaIn"ebu,e,
For Weveaw or CvemMtr ropertltrip Ywwehetle, please conWq us LLweb.ebvowt®vacouM.YR
lsa...ll...«....-....1:....:�li.......L....�.7...... /1....1. .._!«.. ..x..�-.-.:«C _i.�•f:.twfACAA 0..-A..«...«FSA
&X. %
A lA ~1 A
TA Attorney Information I Pennsylvania Disciplinary Board Page 2 of 2
PA Attorney Information
Jonathan Reilly O'Boyle
PA Attorney ID:
314500
Current Status:
Active
Date of Admission:
11/13/2012
Lawfirm:
Other Organization:
District
0
County:
Cambria
Public Access Address:
1001 BROAD ST
JOHNSTOWN, PA 15906
Tel:
561758-1223
Fax:
-
Professional Liability
Insurance:
I maintain, either Individually or through my firm, Professional Liability Insurance pursuant to the
provisions of Rule of Professional Conduct 1A(C).
Comment:
Discipline:
02007-2014 The Disciplinary Board of the Supreme Court of Pennsylvania. I Disclalmer
For questions or comments regarding the website, please contact us at
web.support(a)pacourtsms.
http://www.padisciplinaryboard.orgllook-up/pa-attorney-infb.php?id=314500&pdcount=0 5/29/2014
1:'x. Z