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Searching
for Champions:
Bar Associations
THE FLORIDA
BAR
"Unlicensed Practice of Law" --
& "Reporting Professional
Misconduct"
of Licensed Lawyers (& Judges)
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Nina Baum’s October 14, 2014 “Emergency Motion”
to participate telephonically or by video teleconferencing (skype) at
the October 21, 2014 evidentiary hearing, without its exhibits
-
Nina Baum’s November 12, 2014 “Motion for Rehearing”
of Judge Harris’ November 3, 2014 Order and, in conjunction therewith,
disclosure of facts bearing upon his fairness and impartiality, without
its exhibits;
-
Nina Baum’s November 12, 2014 “Motion to Disqualify” Judge Harris
for demonstrated actual bias, with all its exhibits
Ex
A: Ms.
Baum's September 11, 2014 letter to the
Court
Ex. B:
Nov. 3, 2014 “Order Denying Amended
Motion for Relief from Judgment”
Ex. C:
Oct. 21, 2014 transcript: pp. 80-81,
169-170, 174
Ex. D:
Oct. 31, 2014 “Order Denying Motion for
Continuance”
Ex. E:
Tino Gonzalez’ Nov. 3, 2014 Memorandum of
Law in Support of Motion
for Relief from Court Orders Due to Respondent’s Misrepresentation
and Misconduct
Ex. F:
Oct. 21, 2014 transcript: pp. 37-38
Ex. G:
Oct. 21, 2014 transcript: pp. 183-184
Ex. H:
Oct. 21, 2014 transcript: p. 188
Ex. I:
Oct. 21, 2014 transcript: p. 105
Ex. J:
Oct. 21, 2014 transcript: p. 132
Ex. K:
Oct. 21, 2014 transcript: pp. 170-171
Ex. L:
Oct. 21, 2014 transcript: pp. 77-80
Elena Sassower's January 21, 2014 letter
-- "RE :
Protecting the Public
--
(1)
Investigation of Complaint #20153035(18A) –'Unlicensed
Practice of Law';
(2) 'Reporting Professional
Misconduct' Pursuant to Rule 4-8.3 of the Florida Rules of
Professional Conduct."
Elena Sassower's January 23, 2014 letter --
"RE: Request for Advisory Opinion"
Rule 10-9.1 "Procedures
for Issuance of Advisory Opinions on the Unlicensed Practice
of Law"
Most
important substantiating proof
Nina Baum's September 8, 2014
Affidavit to the Fifth District Court of Appeal in
Opposition to Mr. Hennessey’s Motion for Reconsideration of
its August 22, 2014 Order Relinquishing Jurisdiction
EXHIBIT 1: Procedural
History
Exhibit A:
[A-1] November 15, 2013 “Order Compelling
Service” (2012
Case);
[A-2]
November 15, 2013 “Order Compelling Service
(2013
Case);
Exhibit B:
[B-1] January 24, 2014 “Order
Denying Emergency Motion to Extend Deadlines and for Other Relief”
(2012 Case);
[B-2]
January 24, 2014 “Order Denying Emergency
Motion to Extend Deadlines and for Other Relief”
(2013 Case)
Exhibit C:
[C-1] April 2, 2014 “Order Dropping
Parties and Dismissing Amended Petition
(2012 Case); [C-2]
April 2, 2014 “Order Dropping Parties
Pursuant to Florida Rule of Civil Procedure 1.070(j)
(2013 Case)
Exhibit D:
[D-1] May 1, 2014 “Order Denying
Petitioner’s Motion for Clarification and for Rehearing Regarding this
Court’s Order Dropping Parties and Dismissing Petitioner’s Amended Petition
(2012 Case);
[D-2]
May 1, 2014 “Order Denying Plaintiff’s
Motion for Clarification and for Rehearing Regarding this Court’s Order
Dropping Parties and Dismissing Petitioner’s Amended Petition (2013 Case);
[D-3]:
May 1, 2014 “Order Denying Petitioner’s
Motion for Leave to Amend and Consolidate Adversary Pleadings by Filing a
Second Amended and Consolidated Adversary Petition for Revocation of Probate
and Other Relief
(2012 Case);
[D-4]:
May 1, 2014 “Order Denying Petitioner’s
Motion for Leave to Amend and Consolidate Adversary Pleadings by Filing a
Second Amended and Consolidated Adversary Petition for Revocation of Probate
and Other Relief”
(2013 Case)
Exhibit E:
August 15, 2014 “Order Granting Personal
Representative’s Motion to Strike Notice of Hearing for August 28, 2014”
Exhibit F:
Mr. Hennessey’s October 15, 2013
dismissal motion (2012 case)
(pp. 1, 3-4)
Exhibit G:
Transcript of November 12, 2013 case
management conference/hearing
Exhibit H:
Mr. Hennessey’s December 5, 2013 “Reply
to Emergency Motion to Extend Deadlines and for Other Relief”
Exhibit I:
Transcript of December 11, 2013 hearing
Exhibit J:
Transcript of December 17, 2013 hearing,
pp. 1, 6-9, 127-140
Exhibit K:
[K-1] Mr. Hennessey’s January 28, 2014
motion for order dropping parties (2012 case);
[K-2]
Mr. Hennessey’s January 28, 2014 motion for
order dropping parties (2013 case)
Exhibit L:
Transcript of March 18, 2014 hearing, pp.
1-25, 41-42
Exhibit M:
May 1, 2014 Notice of Filing of Affidavit
of Anneen Nina Gloria Baum
EXHIBIT 2: Chain of E-Mails with Ken Manney,
Esq.
EXHIBIT 3: Chain of E-Mails with Mark
Guralnick, Esq.
Nina Baum’s October 14, 2014 Affidavit to Judge
Harris, Clarifying, Supplementing, and Further Supporting her Amended Motion
for Relief from Court Orders, Including for Purposes of Summary
Determination Thereof
Exhibit A: [A-1]
Hoffman & Hoffman’s proposed Order, signed by the Court September 30,
2014; [A-2]
Nina Baum's proposed Order
Exhibit B:
Hoffman & Hoffman’s original May 1, 2014
“Motion for Relief from Court Orders Due to Respondent’s Misrepresentation
and Misconduct”
Exhibit C:
Mr. Hennessey’s May 2, 2014 “Response to
Petitioner’s Motion for Relief
from Order”
Exhibit D:
Hoffman & Hoffman’s May 5, 2014 “Motion
to Strike Personal Representative’s Response to Petitioner’s Motion for
Relief from Court Orders”
Exhibit E:
[E-1] Hoffman & Hoffman’s July 25,
2014 “Notice of Special Set Hearing”; [E-2]
Hoffman & Hoffman’s August 13, 2014
“Motion to Relinquish Jurisdiction”, filed with Fifth District Court of
Appeal;
[E-3]
Fifth District Court of Appeal’s August
22, 2014 Order
Exhibit F:
[F-1] Mr. Hennessey’s August 14,
2014 “Motion to Strike Notice of Hearing for August 28, 2014”;
[F-2]
Mr. Hennessey’s proposed order granting
motion to strike August 28, 2014 hearing, signed by the Court on August 15,
2014
Exhibit G:
Hoffman & Hoffman’s August 4, 2014
mediation brief for the Fifth District Court of Appeal mediation/settlement
conference
Exhibit H:
Mr. Hennessey’s August 25, 2014 motion to
the Fifth District Court of Appeal “for Reconsideration of August 22, 2014
Order Relinquishing Jurisdiction and Response in Opposition to Motion to
Relinquish Jurisdiction”
Exhibit I: Nina Baum's September 8, 2014 affidavit to Fifth District
Court of Appeals [SEE ABOVE]
Exhibit J:
Fifth District Court of Appeal’s
September 19, 2014 Order
Exhibit K:
[K-1] Contents of Mr. Hennessey’s binder
for the March 18, 2014 hearing; [K-2]
binder content:
Pixton v. Scottsman,
924 So. 2d 37 (5th DCA 2006)];
[K-3]
binder content:
Kozel v. Ostendorf,
629 So. 2d 817 (Fla. Supreme Court 1993); [K-4]
March 18, 2014 hearing transcript, pp.
22-23
Exhibit L:
[L-1] Erdman
v. Bloch, 65 So.3d 62 (5th
DCA 2011);
[L-2]
Sanders v. Gussin,
30 So.3d 699 (5th DCA 2010);
[L-3]
Shortall v. Walt Disney World Hospitality,
997 So.2d 1203 (5th DCA 2008); [L-4]
Scallan v. Marriott International, Inc.,
995 So.2d 1066 (5th DCA 2008);
[L-5]
American Express v. Hickey,
869 So.2d 694 (5th DCA 2004)
Nina Baum’s October 17, 2014 Affidavit
to Judge Harris, in Opposition to Teresa Hoffman’s Emergency Motion to Quash
Trial Subpoena & Subpoena
Duces Tecum
Exhibit A:
[A-1] Nina Baum's January 29, 2014 e-mail
to Kenneth Manney, Esq. and Patrick Roche, Esq.;
[A-2] Nina Baum's January 29, 2014 e-mail to
Mark Guralnick, Esq.
Exhibit B:
[B-1] William Hennessey’s September 3,
2014 e-mail to counsel;[B-2]
Teresa Hoffman’s September 2, 2014 e-mail
to counsel; [B-3]
William Hennessey’s October 16, 2014
e-mail to the Court
Exhibit C:
SEE ABOVE -- Nina Baum's October
14, 2014 “Affidavit Clarifying, Supplementing, & Further Supporting Her
Amended Motion for Relief from Court Orders, Including for Purposes of
Summary Determination Thereof”
Nina
Baum’s October 30,
2014 Affidavit to Judge
Harris in Reply to Mr. Hennessey’s Response to her Amended Motion for Relief
from Court Orders & in Further Support of her Amended Motion for Relief
Nina Baum's November 24, 2014 Affidavit in Reply
to Mr. Hennessey's Response to her November 14, 2014 Motion for Judge
Harris' Disqualification and November 13, 2014 Motion to Disqualify him for
Demonstrated Actual Bias
Nina Baum's November 24, 2014 Affidavit in Reply
to Mr. Hennessey's Response to her November 13, 2014 Motion for Rehearing
and Disclosure by Judge Harris
Judge Harris' December 1, 2014 Order Denying
Disqualification
Judge Harris' December 1, 2014 Order
Denying Rehearing
April 13, 2015 letter from Florida Bar
-- "Re: Unlicensed Practice of Law Investigation of Elena Sassower"
Eighteenth Circuit UPL Committee "A"
-- CITED LAW --
Florida Bar v. Smania, 701 So. 2d 835 (Fla. 1997)
Florida Bar v. Greene, 589 So. 2d 281 (Fla. 1991)
Florida Bar v. Keehley, 190 So. 2d 173 (Fla. 1966)
Florida Bar v. Neiman, 816 So.2d 587 (Fla. 2002)
Florida Bar v. Sperry, 140 So. 2d 587 (Fla. 1962),
judg vacated
on other grounds -- US Supreme Court : 373 US 379 (1963)
-- US Supreme Court to Florida: "We have not overlooked respondent's
constitutional arguments, but find them singularly without merit. " at 404
Florida Bar v. Mills, 410 So.2d 498 (Fla. 1982)
Florida Bar v. Brumbaugh, 355 So. 2d 1186 (Fla. 1978)
"it is somewhat difficult to define exactly what constitutes the
practice of law in all instances." at 1191.
June 5, 2015 e-mail from unlicensed Practice of Law Bar Counsel
Ghunise Coaxum -- "Subject: Unlicensed Practice of Law
Investigation 20153035(18A)"
Elena Sassower's June 5, 2015 e-mail
Bar Counsel Coaxum's June 5, 2015 e-mail
Elena Sassower's June 5, 2015 e-mail to Bar Counsel/Unlicensed
Practice of Law Jeffrey T. Picker -- "Subject: Thank
you for bringing this to my attention -- RE: Request for Advisory Opinion
Pursuant to Rule 10-9.1 of the Rules Regulating the Florida Bar"
Elena Sassower's June 8, 2015 e-mail to Bar Counsel Coaxum
-- "Subject: Responding to Your June 5th E-Mail: RE: Unlicensed Practice of
Law Complaint: 20153035(18A)"
Bar Counsel Coaxum's June 10, 2015 e-mail --
"Subject: Re: Responding to Your June 5th E-Mail: RE: 'Unlicensed Practice
of Law Complaint: 20153035(18A)"
Elena Sassower's June 10, 2015 e-mail --
"Subject: Thank you --..."
Bar Counsel Coaxum's June 22, 2015 e-mail --
"Subject: Re: Thank you --..."
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ON THE TRAIL...Uncovering the Unconstitutionality & Deceit of
Unlicensed Practice of Law
The single most important concern in this Court’s defining and
regulating
the practice of law is the protection of the public from incompetent,
unethical, or irresponsible representation.
-------------------------------------------------------------------------------------------
Florida Bar v. Furman (1979);
Florida
Bar v. Furman (1984)
People Magazine: "Rosemary
Furman Fights to Bring Justice to All at a Price that All -- Except Lawyers
-- Can Afford" (December 17, 1984)
"Farah
honors Rosemary Furman" (2005)
film
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Florida Bar's Unauthorized Practice of Law "pamphlet"
Florida Bar's Standing Committee on Unlicensed Practice of Law
Florida Bar informational webpage on Unlicensed Practice of Law
NO EXPRESS CONSTITUTIONAL AUTHORITY:
Florida Constitution: Article V, Sec. 15:
Attorneys;
admission and discipline.
The
supreme court shall have exclusive jurisdiction to regulate the admission of
persons to the practice of law and the discipline of persons admitted.
NO EXPRESS STATUTORY AUTHORITY:
Chapter 454 Attorneys at Law:
454.021 Attorneys;
admission to practice law; Supreme Court to govern and regulate.—
(1) Admissions
of attorneys and counselors to practice law in the state is hereby
declared to be a judicial function.
(2) The
Supreme Court of Florida, being the highest court of said state, is the
proper court to govern and regulate admissions of attorneys and
counselors to practice law in said state.
454.11 Powers
of attorneys.—Every
attorney duly admitted or authorized to practice in this state shall have
the right to appear before any court of the state, or any public board,
committee, or officer in the interest of any client, and may appear as
amicus curiae when so permitted. All attorneys shall be deemed officers of
the court for the administration of justice, and amenable to the rules and
discipline of the court in all matters of order or procedure not in conflict
with the constitution or laws of this state.
454.18 Officers
not allowed to practice.—...And
any person, whether an attorney or not...may conduct his or her own cause in
any court of this state, or before any public board, committee, or officer,
subject to the lawful rules and discipline of such court, board, committee,
or officer.
454.23 Penalties.—Any
person not licensed or otherwise authorized to practice law in this state
who practices law in this state or holds himself or herself out to the
public as qualified to practice law in this state, or who willfully pretends
to be, or willfully takes or uses any name, title, addition, or description
implying that he or she is qualified, or recognized by law as qualified, to
practice law in this state, commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
Rules Regulating the Florida Bar
ABA report:
Non-Lawyer Activity in Law-Related Situations 1995
"Policing
the Professional Monopoly: A Constitutional and Empirical Analysis",
"Protecting
the Profession or the Public?: Rethinking Unauthorized Practice of Law
Enforcement",
Deborah Rhode & Lucy Buford Ricca
"Because the vast majority of cases are settled informally, there is little
opportunity for judicial oversight." (at p. 2599)
MAY 2014 Fordham Law Review
Fordham Law Review: "Nonlawyers
and the Unauthorized Practice of Law: An Overview of the Legal and Ethical
Parameters", Derek A. Denckla
&
here (1999)
Fordham Law Review: "Nonlawyer
Legal Assistance and Access to Justice",
Alex J. Hurder (1999)
"...it is not likely that rules prohibiting nonlawyers from giving legal
advice can survive constitutional scrutiny." (at 2276)
Fordham Law Review: "The
Monopoly Myth and Other Tales about the Superiority of Lawyers",
Leslie Levin (2014)
"The
case for repealing unauthorized practice of law statutes", George Leef
Florida House
Florida Senate
State v. Foster
State v.
Trotter
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