THE FLORIDA BAR

651 EAST JEFFERSON STREET

JOHN F. HARKNESS, JR.
TALLAHASSEE, FLORIDA 32399-2300s
(850) 561-5600
EXECUTIVE DIRECTOR
www.FLABAR.ORG
February 4, 2014
Mr. Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Re: Mr. Barry Rodney Davidson; RFA No.: 14-12888
Dear Mr. Gillespie:
Your inquiry concerning the above-referenced attorney has been referred to me for my review.
After careful consideration, I conclude that the matters referenced in your inquiry do not
constitute violations of tIle Rules of Professional Conduct, and accordingly, your inquiry does
not fall within the purview of the grievance system framework. Consequently, I have closed our
record in this matter. Please be advised that my action does not preclude you from consulting
with private counsel, nor does it preclude you fronl exercising any legal remedy which may be
available to you.
Pursuant to the Bar's records retention schedule, the computer record and file will be disposed of
one year from the date of closing.
Sincerely,
u.. / ri dtv1
Shanee L. Clark, Bar Counsel
Attorney Consumer Assistance Progranl
ACAP Hotline 866-352-0707
cc: Mr. Barry Rodney Davidson
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Mr. Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
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THE FLORIDA BAR
INQUIRy/COMPLAINT FORM
PART ONE (See Paee 1, PART ONE - Required Infornlation.):
Your Nanle: Neil 1. Gillespie Attorney's Name: Barry Rodney Davidson
Organization: none Address: 1111 Brickell Ave. FI 25
Address: 8092 SW 115th Loop City: Miami State:
City: Ocala State: FL Zip Code: 33131 Telephone: 305-810-2539
Zip Code: 34481 Phone: 352-854-7807
Email: neilgillespie@mfi.net
ACAP Reference No. none
-----------
PART TWO (See Paee 1, PART TWO - Facts/Alle2ations.): The specific thing or things I am complaining about are:
See attached complaint letter
PART THREE (See Page 1, PART THREE - Witnesses.): The witnesses in support of my allegations are: [see attached
sheet].
PART FOUR (See Page 1, PART FOUR - Signature.): Under penalties ofperjury, I declare that theforegoing facts are
true, correct and complete.
VIA UPS No. 1Z64589FP297361600 January 14, 2014
Theodore P. Littlewood Jr., Bar Counsel
Attorney Consumer Assistance Program
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
RE: Complaint against Barry Rodney Davidson, ID Number 107678
Dear Mr. Littlewood:
Please find enclosed my ethics inquiry for Mr. Davidson for violation of the Rules of
Professional Conduct. In addition, Mr. Davidson violated F.S. 837.06, False official
statements. Mr. Davidson falsely stated in his letter to you January 8, 2014, page 2, that I,
named as apparent parties Former President Jimmy Carter and the United Nations
in Petition No. 13-7280. President Cater and the United Nations are not parties.
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.
Enclosed is the List of Parties page iv from Petition No. 13-7280, that shows President Carter
and the United Nations as Observer because the rules do not provide for a List of Observers.
Observer: Request to President Jimmy Carter for an observer, due to fraud or impairment of
Petition No. 12-7747, a legitimate government activity (18 U.S.C. 371), deprivation of rights
under color of law (18 U.S.C. 242), and conspiracy against rights (18 U.S.C. 241).
Observer, Urgent Appeal: Protection from Persecution: Special Rapporteur, Independence of
Judges and Lawyers, U.N. High Commissioner for Human Rights, and the Special Rapporteur,
Disability, United Nations Enable, Secretariat for the Convention on the Rights of Persons with
Disabilities, for protection from political persecution, and for an observer, due to fraud or
impairment of Petition No. 12-7747, a legitimate government activity (18 U.S.C. 371), etc.
Mr. Davidsons full paragraph with the above quotes is set forth here,
Finally, while it does not relate directly to the merits of the complaints by Mr. Gillespie I
do think it relevant in regard to credibility to note that he has: 1) petitioned the US
Supreme Court, Petition No. 13-7280, concerning remand of his attempt to move the
foreclosure to Federal Court and named as apparent parties Former President Jimmy
Carter, Florida Attorney General Pam Bondi, and the United Nations. The Florida Bar is
also suggested as a "cross-party." 2) filed an "Appeal" to the United Nations on October
Theodore P. Littlewood Jr., Bar Counsel January 14, 2014
Attorney Consumer Assistance Program Page - 2
25, 2013 seeking protection from political persecution in the United States from The
Florida Bar, the law firm of Ryan et al, U.S. Judge Terrell Hodges and Florida attorney
Eugene P. Castagliuolo. 3) petitioned the US Supreme Court in regard to proceedings in
the Thirteenth Judicial Circuit of Florida, Petition No. 127747 and 4) he is subject to
investigation by the Florida Bar for UPL in matter number 20133090-5.
Petitioning the US Supreme Court is not a negative in regard to credibility as claimed by him,
but is evidence of lawfully seeking a redress of Grievances under the First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress of
grievances
Mr. Davidson is using The Florida Bar complaint process to violate my First Amendment rights,
and therefore my civil rights. So here we go again with another attorney engaged in political
persecution of me for lawfully seeking redress and working peacefully within the system.
Likewise, my urgent appeal to the United Nations October 25, 2013 was completely justified.
Florida Attorney General Pam Bondi was served notice of a constitutional challenge to a statute
pursuant to Rule 5.1, F.R.C.P., and Title 28 U.S.C. 2403. Here, Mr. Davidson appears to be
complaining that I followed the law, or that my compliance with law is somehow untoward.
On information and belief, Mr. Davidson violated,
RULE 4-3.1 MERITORIOUS CLAIMS AND CONTENTIONS
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless
there is a basis in law and fact for doing so that is not frivolous, which includes a good faith
argument for an extension, modification, or reversal of existing law.
RULE 4-3.3 CANDOR TOWARD THE TRIBUNAL
(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;
(4) offer evidence that the lawyer knows to be false.
RULE 4-3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL
A lawyer shall not:
(b) fabricate evidence,
RULE 4-3.5 IMPARTIALITY AND DECORUM OF THE TRIBUNAL
(a) Influencing Decision Maker. A lawyer shall not seek to influence a judge, juror, prospective
juror, or other decision maker except as permitted by law or the rules of court.
Theodore P. Littlewood Jr., Bar Counsel January 14, 2014
Attorney Consumer Assistance Program Page - 3
RULE 4-4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS
In the course of representing a client a lawyer shall not knowingly:
(a) make a false statement of material fact or law to a third person; or
Attorney is an officer of the court and an essential component of the administration of
justice, and, as such, his conduct is subject to judicial supervision and scrutiny.
State ex rel. Florida Bar v. Evans, 94 So.2d 730 (1957).
As an attorney, Mr. Davidson must comply with the Rules of Professional Conduct,
including candor before the tribunal, as described in the Florida Bar Informational
Packet, Candor Before The Tribunal. 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.
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
Theodore P. Littlewood Jr., Bar Counsel January 14, 2014
Attorney Consumer Assistance Program Page - 4
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.
Mr. Davidson has falsely accused me of,
named as apparent parties Former President Jimmy Carter and the United Nations
in Petition No. 13-7280. President Cater and the United Nations are not parties. Mr. Davidson is
guilty as set forth herein.
One of the considerations Bar Counsel must weigh in deciding whether to proceed further to
seek disciplinary measures is the weight of the available evidence. Here, Davidson said I
named as apparent parties Former President Jimmy Carter and the United Nations
in Petition No. 13-7280. President Cater and the United Nations are not parties.
If the Bar seeks to discipline the lawyer, it is required by Supreme Court ruling to show, by
"clear and convincing" evidence that there has been a violation of one or more of the Rules
Regulating The Florida Bar. Here, Davidson said I,
named as apparent parties Former President Jimmy Carter and the United Nations
in Petition No. 13-7280. President Cater and the United Nations are not parties. Clear and
convincing evidence has been defined as "evidence so clear, direct and weighty and convincing
as to enable [the factfinder] to come to a clear conviction, without hesitancy, of the truth of the
precise facts in issue." Here, Davidson said I,
named as apparent parties Former President Jimmy Carter and the United Nations
Theodore P. Littlewood Jr., Bar Counsel January 14, 2014
Attorney Consumer Assistance Program Page - 5
in Petition No. 13-7280. President Cater and the United Nations are not parties. This burden of
proof is heavier than the burden of proof required in an ordinary civil trial. That burden is met
here because Mr. Davidson said I,
"named as apparent parties Former President Jimmy Carter" and "the United Nations"
in Petition No. 13-7280. President Cater and the United Nations are not parties.
Mr. Davidson should be found guilty of misconduct, and permanently disbarred from the
practice of law, see Florida Standards For Applying Lawyer Discipline, Standard 6.11.
Under penalties of perjury, I declare that the foregoing facts are true, correct and complete.
J ~
092 SW 1 th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
iv
LIST OF PARTIES
All parties do not appear in the caption of the case on the cover page. A list of all parties
to the proceeding in the court whose judgment is the subject of this petition is as follows:
___________________
U.S. Court of Appeals for the Eleventh Circuit, no. 13-11585-B
District Court no: 5:13-cv-00058-WTH-PRL, removed from Marion County Florida
Marion County Florida, Fifth Judicial Circuit, no. 42-2013CA-000115-AXXX-XX
Verified Complaint to Foreclose Home Equity Conversion Mortgage (HECM)
Unlicensed Practice of Law Investigation (UPL) of Neil J. Gillespie
Plaintiff: Reverse Mortgage Solutions, Inc.
Defendant: Neil J. Gillespie, individually, and for his interest in the Gillespie Family Living
Trust Agreement Dated February 10, 1997
Defendant: United States of America, Secretary of Housing and Urban Development
Cross-party: The Florida Bar, Unlicensed Practice of Law Investigation of Neil J. Gillespie
Observer: Request to President Jimmy Carter for an observer, due to fraud or impairment of
Petition No. 12-7747, a legitimate government activity (18 U.S.C. 371), deprivation of rights
under color of law (18 U.S.C. 242), and conspiracy against rights (18 U.S.C. 241).
Observer, Urgent Appeal: Protection from Persecution: Special Rapporteur, Independence of
Judges and Lawyers, U.N. High Commissioner for Human Rights, and the Special Rapporteur,
Disability, United Nations Enable, Secretariat for the Convention on the Rights of Persons with
Disabilities, for protection from political persecution, and for an observer, due to fraud or
impairment of Petition No. 12-7747, a legitimate government activity (18 U.S.C. 371), etc.
Others served. On advice of the Clerk, Supreme Court of the United States, I will suspend
service under Rule 29 of documents in this matter to any party, person or entity shown herein.
1. Florida Attorney General Pam Bondi
2. Hon. Ed Carnes, Chief United States Judge, U.S. Court of Appeals for the 11th Circuit
3. Hon. Wm. Terrell Hodges, United States District Court Judge, Senior Status, Ocala Division
4. Hon. Hale Ralph Stancil, Circuit Court Judge, Marion County Florida, Fifth Judicial Circuit
5. Tiffany Caparas, Esq. (for Mark Gillespie), Kaufman, Englett and Lynd, PLLC
6. Gregory D. Jones, Esq., referral to Neil J. Gillespie by The Florida Bar Lawyer Referral
Service for a consultation on Unlicensed Practice of Law Investigation. I paid Mr. Jones a
$25 referral fee, but he did not respond to my ADA disability accommodation request.
Mr. Jones did not provide a consultation for which I paid, and he accepted, the $25 LRS fee.
7. Craig H Benson, Esq., c/o William H. Abbuehl, Executive Director, Community Legal
Services of Mid-Fla. (CLSMF) provided legal advice, foreclosure of HECM
Petition No. 13-7280
HUNTON& WILLIAMS LLP
HUNTON&!
SABADELLFINANCIAL
SUITE2500
1111 BRICKELLAVENUE WILUAMS
FL 33131
TEL 305810-2500
FAX 305-810..2460
BARRYR. DAVIDSON
DIRECTDIAL:305810-2539
EMAlL: bdavidson@hunton.com
January8, 2014 FILENO:
VIAOVERNIGHT ANDUSMAIL
TheodoreT. Littlewood,Jr.,
BarCounsel
AttorneyConswnerAssistanceProgram
TheFlorida Bar
651 EastJeffersonStreet
Tallahassee,Florida 32399-2300
Re: ComplaintbyNeilJ. GillespieagainstDanielle NicoleParsons
TheFloridaBarFileNo.: 2014..30,525(9A)
DearTed:
AsyouknowfrommypreviousletterofDecember20,2013,myfinnand IrepresentDanielle
NicoleParsonsandparalegalYolandaI. MartinezinregardtotheabovereferencedComplaint
submittedbyNeilJ. Gillespie. ThefollowingconstitutestheresponseonbehalfofMs.
Parsons. Asreferencedinmypreviousletterandasdiscussedwithyou, aresponseonbehalf
ofMs. MartinezisproperlydueinregardtoanyUPLcomplaintlodged. Infact, onDecember
24,2013,BranchUPLCounselGhuniseCoaxumwroteMs. Martinezregarding UPL
investigation,CaseNo. 20143031(9A). AcopyofMs. Coaxum'sletterisenclosedasisacopy
ofnlYresponse. Iexpecttorespondto Ms. Coaxum'sspecificquestionsbymailtodayor
tomorrowandwillnotfurtherdealwithMr. Gillespie'scomplaintsregardingMs. Martinezin
thisresponse.
ReducingMr. Gillespie's23 pagecomplaintto itsessence,heiscomplainingaboutseveral
scrivenerserrorsrelatedto theforeclosurecomplaintfiledagainsthimandothers.
1
While
1TheclaimsofMr. GillespierelatingtoconductintheFederalAction hecreatedbyremoving
theforeclosurearealsowithoutmerit. HecOlnplainsthatMs. Parsonsmisrepresentedthedatethathe
had filed his motionto dismissbytwodays,February6, 2013 insteadofFebruary4,2013. No
prejudiceisshownforthemisunderstandingbyMs. TheclaimofexpartecOlnn1unication by
FederalJudicialOfficers is particularlyinappropriatebecauseit is basedon apurported
misunderstandingof theFederalCM/ECF filingproceduresandthenbeliedbyMr. Gillespiein his
subsequentdiscussion in which itis obvioushe understandsthesystem-SeeSectionVI ofhisBar
complaint.
HuNroN&
WILLIAMS
January8, 2014
Page2
theseerrorsareregrettable,theycertainlydonotrisetothelevelofviolationofanyFloridaBar
rulesgoverninglawyer'sconduct. EquallyimportanttheyhavenotprejudicedMr. Gillespiein
anywayashehasacompleteandaccurateunderstandingoftIle foreclosureagainsthimas
showninhisStateCourtMotiontoDismissattachedtohisBarcomplaintasExhibit18.
ThefirsterroraboutwhichMr. Gillespiecomplainsislabelingthecaseacommercial
foreclosureonthe 1.997coversheetandhe"speculatesthisdishonestywastomakedifficult
assertingconsumerdefenseclaims". Notonlyisthissheerspeculationbutitistotally
unfounded..simplyputcivilCoversheetsdo notcircumscribetheboundariesofpleading-
complaintsdo.
Next,becauseofmislabelingofexhibitsreferencedinparagraph2oftheforeclosurecomplaint
asExhibitsAandBbutmistakenlylabeledExhibits 11 and 12heclaimsthatMs. Parsons
verification of thecomplaint togetherwitha verificationby DebbieSims,vice-presidentof the
foreclosureplaintiffReverseMortgageSolutions,Inc. constituteviolationofRule4-3.3 in
regardtoParsons,fraud onthecourtbySimsandagainaviolationof manyBarRules for
submissionof theverifiedcomplaintbyMs. ParsonswiththepurportedfalsestatementbyMs.
Sims. Again,thesearescrivenerserrorsandresultedinno prejudicewhatsoevertoMr.
Gillespieintheforeclosureactionandcertainlydo notconstituteviolationof BarRules. The
sameconclusionappliesto thefailureto labeltherelevantassignmentofthemortgageas
ExhibitCasrecitedinparagraph3oftheforeclosurecomplaint. Therelevantassigmnentwas
attachedbutnotso labeled.
I also acknowledge receiptof your letterof December 23,2013 with the additional
correspondencefromMr. Gillespie. Idonotbelievehis submissionhasanyrelevanceto his
originalcomplaintandthereforeseeno needto respondtothissubmission.
Finally,whileitdoesnotrelatedirectlytothenleritsofthecomplaintsbyMr. GillespieIdo
thinkitrelevantinregardtocredibilitytonotethathehas: 1)petitionedtheUS SupremeCourt,
PetitionNo. 13-7280,concerningremandof hisattempttomovetheforeclosureto Federal
CourtandnamedasapparentpartiesFormerPresidentJinunyCarter,FloridaAttorneyGeneral
PamBondi,andtheUnitedNations. TheFloridaBarisalsosuggestedas a"cross-party." 2)
filedan"Appeal"totheUnitedNationsonOctober25,2013 seekingprotectionfrom political
persecutionintheUnitedStatesfromTheFloridaBar,thelawfirm ofRyanetai,U.S. Judge
TerrellHodgesandFloridaattorneyEugeneP. Castagliuolo. 3)petitionedtheUS Supreme
CourtinregardtoproceedingsintheThirteenthJudicialCircuitofFlorida,PetitionNo. 12-
7747and4)heissubjectto investigationbytheFloridaBarforUPLinmatternumber
20133090-5.
HUNTON&
WIlLIAMS
January8,2014
Page3
Inconclusion,whilethescrivenerserrorsdiscussedwerecertainlynotappropriate,they
unmistakablycausedno prejudicewhatsoevertoMr. Gillespieintheforeclosureactionand
certainlydo notconstituteviolationoftheBarRulesGoverningAttorneyconduct. Thismatter
shouldbedismissed. Ofcourse,Iamavailableforanyquestionsyoumayhave.
TheCertificateofDisclosuresignedby Ms. ParsonwillbeforwardedtoyoudirectlybyMs.
Parsons.
Cordiallyyours,
BarryR. Davidson
Enclosures
cc: Complainant:NeilJ. Gillespie
8092 SW 11S
th
Loop
Ocala, FI 34481
Email:neilgillespie@mfi.net