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HomeMy Public PortalAboutFlorida Bar Inquiry/Complaint Form (PRA)The Florida Bar Inquiry/Complaint Form PART ONE (See Page 1, PART ONE — Complainant Information.): Your Name: ScottW. Morgan Organization: Town of Gulf Stream Address: 100 Sea Rd. City, State, Zip Code: Gulf Stream, FL 33483 Telephone: 561-276-5116 E-mail: smorgan(a,gulf-stream.org ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes F_ No FX_ If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes FX No F_ PART TWO (See Page 1, PART TWO —Attorney Information.): Attorney's Name: Jonathan R. O'Boyle (Florida Bar admission pending) Address: _1286 West Newport Center Dr. City, State, Zip Code: Deerfield Beach, FL 33442 Telephone: 954-574-6885 PART THREE (See Pagel, PART THREE — Facts/Allegations.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) 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 Attorney/Consumer Assistance Program against the named attorneys for numerous violations of rules of The Florida Bar, and separately with The Florida Bar's Unlicensed Practice of Law Division against Jonathan R. O'Boyle. The Florida Bar Inquiry/Complaint Form PART ONE (See Page 1, PART ONE — Complainant Information.): Your Name: Scott W. Organization: Town of Gulf Stream Address: 100 Sea Rd. City, State, Zip Code: Gulf Stream, FL 33483 Telephone: 561-276-5116 E-mail: smorgannngulf-stream.org ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes F_ No FX_ If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes FX_ No F_ PART TWO (See Page 1, PART TWO — Attorney Information.): Attorney's Name: William F. Ring, Jr. (Florida Bar No. 961795) Address: 1286 West Newport Center Dr. City, State, Zip Code: Deerfield Beach, FL 33442 Telephone: 954-574-6885 PART THREE (See Pagel, PART THREE — Facts/Allegations.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) My name is Scott W. Morgan and I am the Mayor of the Town of Gulf Stream. On behalf of the Town, l am filing the attached ten (10) page Complaint. This Complaint is being filed both with The Florida Bar's Attomey/Consumer Assistance Program against the named attorneys for numerous violations of rules of The Florida Bar, and separately with The Florida Bar's Unlicensed Practice of Law Division against Jonathan R. O'Boyle. The Florida Bar Inquiry/Complaint Form PART ONE (See Page 1, PART ONE — Complainant Information.): Your Name: Scott W. Morgan Organization: Town of Gulf Stream Address: 100 Sea Rd. City, State, Zip Code: Gulf Stream, FL 33483 Telephone: 561-276-5116 E-mail: smorgan@gulf-stream.org ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes F_ No F_X If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes FX_ No F_ PART TWO (See Page 1, PART TWO —Attorney Information.): Attorney's Name: Giovani Mesa (Florida Bar No. 86798) Address: 1286 West Newport Center Dr. City, State, Zip Code: Deerfield Beach, FL 33442 Telephone: 954-574-6885 PART THREE (See Pagel, PART THREE — Facts/Allegations.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) 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 the named attorneys for numerous violations of rules of The Florida Bar, and separately with The Florida Bar's Unlicensed Practice of Law Division against Jonathan R. O'Boyle. The Florida Bar Inquiry/Complaint Form PART ONE (See Page 1, PART ONE — Complainant Information.): Your Name: Scott W. Morgan Organization: Town of Gulf Stream Address: 100 Sea Rd. City, State, Zip Code: Gulf Stream, FL 33483 Telephone: 561-276-5116 E-mail: smorgan@agulf-stream.org ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes F_ No FX_ If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes I X No F_ PART TWO (See Page 1, PART TWO —Attorney Information.): Attorney's Name: Nickalaus B. Taylor (Florida Bar No. 51629) Address: 1286 West Newport Center Dr. City, State, Zip Code: Deerfield Beach, FL 33442 Telephone: 954-574-6885 PART TIIREE (See Pagel, PART THREE — Facts/Allegations.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) 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 Attorney/Consumer Assistance Program against the named attorneys for numerous violations of rules of The Florida Bar, and separately with The Florida Bar's Unlicensed Practice of Law Division against Jonathan R. O'Boyle. The Florida Bar Inquiry/Complaint Form PART ONE (See Page 1, PART ONE — Complainant Information.): Your Name: Scott W. Morgan Organization: Town of Gulf Stream Address: 100 Sea Rd. City, State, Zip Code: Gulf Stream, FL 33483 Telephone: 561-276-5116 E-mail: smorgan@gulf-stream.org ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes F_ No FX If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes FX_ No PART TWO (See Page 1, PART TWO — Attorney Information.): Attorney's Name: Verhonda Williams (Florida Bar No. 92607) Address: 1286 West Newport Center Dr. City, State, Zip Code: Deerfield Beach, FL 33442 Telephone: 954-574-6885 PART THREE (See Page 1, PART THREE — Facts/Allegations.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) 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 Attorney/Consumer Assistance Program against the named attorneys for numerous violations of rules of The Florida Bar, and separately with The Florida Bar's Unlicensed Practice of Law Division against Jonathan R O'Boyle. The Florida Bar Inquiry/Complaint Form PART ONE (See Page 1, PART ONE — Complainant Information.): Your Name: Scott W. Morgan Organization: Town of Gulf Stream Address: 100 Sea Rd. City, State, Zip Code: Gulf Stream, FL 33483 Telephone: 561-276-5116 E-mail: smorganna,gulf-stream.org ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes E_ No rX If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes FX_ No F— PART TWO (See Page 1, PART TWO —Attorney Information.): Attorney's Name: Ryan Witmer (Florida Bar No. 0107563) Address: 1286 West Newport Center Dr. (also 474 Elmwood Ave.,Ste 204) City, State, Zip Code: Deerfield Beach, FL 33442 (Buffalo NY 14222) Telephone: 954-574-6885 (717-201-3097.716-418-7431) PART THREE (See Pagel, PART THREE — Facts/Allegations.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) 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 Attorney/Consumer Assistance Program against the named attorneys for numerous violations of rules of The Florida Bar, and separately with The Florida Bar's Unlicensed Practice of Law Division against Jonathan R. O'Boyle. THE FLORIDA BAR INQUIRY/COMPLAINT FORM AUGUST 25, 2014 WITNESS JOEL CHANDLER 1355 Forrest Park St. Lakeland, FL 33803 tel: 863-660-4244 Counsel for the Town of Gulf Stream has a lengthy statement from Mr. Chandler, which is available for review upon request. PART FOUR (See Page 1, PART FOUR — Witnesses.): The witnesses in support of my allegations are: [see attached sheetl. PART FIVE (See Page 1, PART FIVE — Signature.): Under penalties of perjury, I declare that the foregoing facts are true, correct and complete. Scott W. Morgan Print Name ' nab e August 25, 2014 Date 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@commcrce-p,rout).com.(The Application is available on the Florida Division of Corporations website at www.sunbiz.ore). 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 Firm 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.: 2014CA000720}30CXMB 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 "l"). 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 "TI). 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 CAM 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 CAR 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 1 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. - recordsacommerce-eroup.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 CAFI 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 CAFI 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. 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 CAFI 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 CAFI 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 CAM 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, CAFI 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 (15" 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 '- to fact, some 40 public records requests were made by CAF[ to the Town over a 2 -day period on April 22 and 23, 2014, with directions to respond to imohler(a7citizensawarenessfoundation.org . 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 Firm. 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 CAFI 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, CAM 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 STOPDIRTYGOYERNMENT LLC and Martin E. O'Boyle v. Gulf Stream, Case No. 2014CA008529RL (Cty. Court, 15th 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 fpm 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 Firm 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 CAFI 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. Si Scott W. Morgan Mayor Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 ZJ� / Date rA AEwmey IMOrMa11012 I Yennsytvama iMetphnary Board Page 1 of i The Disciplinary Board of the Supreme Court of Pennsylvania PA Attorney Information Jonathan Reilly O'Boyle PA Attorney ID: 394600 Current Status: Active Date of Admission: 11/13/2012 Lawflrm: Other Organization: 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. District 0 County: Liakof State Public Access Address: 23 N HIDDEN HARBOUR DR OULFSTREAM,FL33483, Tel: 1 758-1223 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: 0=-2014 The atedpkmry Board of VW Suprema Court of Pwmy vank I Dinctalmw For gueaOMa orommMle regarding 9wwabre, PIwo wade u: atwab.auwortangouft. u, 4sr_./A.............r:....:..i:�..._.L....«i.....n....l. ..�/�., ..u.._.._. :.r �1...q:d�oiACM 4...A......�tiA e/n MntA /-X. PA 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: O County: Cambria Public Accoss Address: 1001 BROAD ST JOHNSTOWN, PA 16906 Tel: 561768-1223 Fax: Professional Liability Insurance: I maintain, either Individually orthrough my flrm, Professional Liability Insurance pursuant to the provisions of Rule of Professional Conduct 1.4(C). Comment: Discipline: ©2007-2014 The Disciplinary Board of the Supreme Court of Pennsylvanla. I Disclalmer For questions or comments regarding the website, please contact us at web.supporMpacourts.us. http://www.padisciplinaryboard.orglloolc-up/pa-attomey-info.php?id=314500&pdcounl=0 5/29/2014