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6-11-09

Dear Mr Vanstrum
I am writing to re-open a case against Mr James Eckert. Case #11609.
My name is Robert Camposecco from Largo Florida.
Mr Eckert is my former wife's attorney and my complaint against him
was that I feel he was trying to blackmail or extort me because of an
injunction I filed against my ex-wike. If you will kindly look up the case
you will see more of the details.
I regret sending the letter to the Bar that in essence closed the case and
my complaint. Mr Eckert and my attorney are long time associates and
friends, and when I filed the complaint against Eckert it caused quite a
stir. My attorney was so upset with for doing this behind his back that
he resigned himself from my case. He was upset for doing it without
telling him. My court hearing was about to come to trial so I actually
begged him to stay on the case because I had time and money invested
in him and he knew the case very well. I did not want to start over with
another attorney. I believe you have his resignation letter in the file that
Eckert sent you. It seemed at the time that the only way to keep my
attorney was to beg AND drop the complaint against Eckert.
I have no complaint against my attorney, but I feel there was a definite
conflict tof interest with him and Eckert.
I feel I was not free to do what I should have done for fear of my
attorney dropping the case because of the complaint. I would have lost
all the time and money invested.
Mr Eckert was indeed guilty of attempted blackmail on me and the
facts.need to come out. Mr Eckert told my attorney that unless I
dropped a restraining order against my ex-wife, he would show e-mails
between my wife and I in which I asked her for pain pills, which was a
total lie.
Mr Vanstrum, PLEASE consider re-opening this matter and get to the
bottom of this matter. Mr Eckert is an embarrassment to his profession
and any attorney that uses his kind of tactic to win a case should be
investia
/ ¥

Very truly yours (j

Robert Camposecco
o
THE FLORIDA BAR
651 EAST JEFFERSON STREET
JOHN F. HARKNESS, JR. TALLAHASSEE, FLORIDA 32399-2300 (850) 561-5600
EXECUTIVE DIRECTOR WWW.FLABAR.ORG

June 22, 2009

Mr. James Daniel Eckert


Eckert Law Firm
447 3rd Ave N Ste 304
Saint Petersburg, FL 337013245

Re: James Daniel Eckert; The Florida Bar File No. 2009-11,071 (6D)

Dear Mr. Eckert:

As a result of receipt of Mr. Camposecco’s letter of June 11, 2009, copy enclosed, I have elected
to re-open this file and it has been forwarded to The Florida Bar's Tampa Branch Office for
consideration. You may expect to hear from Bar Counsel (in that office) in the near future.

Sincerely,

Donald M Spangler, Bar Counsel


Attorney Consumer Assistance Program
ACAP Hotline 866-352-0707

Encl: Letter of June 11, 2009


cc: Mr. Robert Camposecco, w/o encl.
PERSONAL - FOR ADDRESSEE ONLY Mr. James Daniel Eckert
Eckert Law Firm
447 3rd Ave N Ste 304
Saint Petersburg, FL 337013245
Mr. Robert Camposecco
8747 Bardmoor Place, Apt. 102F
Largo, FL 33777
fHE FLORIDA BAf*
The Florida Bar
Inquiry/Complaint Form MAR 04 2008
Mr. Robert Camposecco
8747 Bardmoor Place, Apt. 102F
Largo, FL 33777

PART ONE: (Read instructions on reverse side.)


Your Name: J'-fofeg/ft. f~ [LlfrlltikaS«Lg.O AttorneVsName:
ffi^^^Ajp{.4ffi/3? Address:
City: dftfrttf " State: ffi_ ' pCity.
Phone:^JL^g&JQ-ZipCode:Jg?77'^ Phor3f7--Sl2/.QOo j
ACAP Referencsfi&A&l 5846

PART TWO: The specific thing or things I am complaining about1are:


- --

To JiiW|te.fK/
76

PART THREE: The witnesses in support of my allegations are: [see attached sheet].
bs. <VL*J uiv1>te.N fe -fht fwegr **s Qiy At/QQ^e
3LW

PART FOUR: Under penalty of perjury, I declare the foregoing facts are true, correct and complete.

Si; Date
Return Completed Form to:
Attorney/Consumer Assistance Program
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
Toll Free - 866-352-0707
Page 1 of 1

Subj: RE: case


Date: 2/25/2009 9:33:44 A.M. Eastern Standard Time TV*
From: mcleodpa@hotmail com
fas80(®ac

$ Bob, I did not put it in the letter but he claims unless you drop the DVI she has numerous emaf
from you asking her to get you pills illegally. Just FYI as i do not care nor does it deserve a
>nse. see attached.

From: FAS80@aol.com
Date: Fri, 20 Feb 2009 01:09:56 -0500
Subject: MCLEOD-URGENT
To: mcleodpa@hotmail.com

My ex-wife came over to my home this evening causing quite a disturbance.


She was banking on my front door and told me that she will kill me if I talk to her mother
again.
The names and the threats were flying.
I immediately called Pinedas County Sheriff and they responded after she left at 7:25pm.
I am going to the clerk of Courts Friday to fry and get a much needed order of
protection. This is the third time she has come to my home uninvited and caused a
scene. I am afraid of what might happen if she continues to invade my privacy at home.
Karen is deathly afraid and fears for her safety.
CAN YOU CALL SOMEONE AT THE CLERK'S OFFICE TO HELP ME?
U) I'm paying her alimony every month and she's making my life a living hell.
Will you please DO SOMETHING to effect her life as she does mine.
I'm tired hearing what Jim Eckert has to say, I want her ass in court before a judge.
Her 45 days are LONG overdue.
Do you know anyone I can see about the protection order that might help?
Call me in the morning if you do.
If you dont then please, just do something...anything, to make her life a little
uncomfortable by getting a court date.
Do you think you can do that?

Bob

You can't always choose whom you love, but you can choose how to find them. Start with AOL Personals.

Saturday, February 28,2009 AOL: FAS80


PHILIP A. MCLEOD,P.A.
Attorney at Law

540 Fourth Street North


St. Petersburg, Florida 33701
Ph.: 727-823-2527 • Fax: 727-823-4622
mcleodpa@hotroail.coin

February 25,2009

James D. Eckert, Esq.


447 3"1 Avenue North, #304
St. Petersburg, Florida 33701

Re: Jean Camposecco vs. Robert Camposecco


Case No. 02-3lll-FD-24

Dear Jim:

Pursuant to our meeting here today you will have her financial affidavit notarized and filed (the
copy provided was neither) and provide her 12.285 information and the outstanding production. I
only need her 2007 income tax return and her W-2s, 1099s, proof of Social Security received and
other sources of income for 2008 and 2009 year to date as we discussed. I will need support
documentation for the expenses evidenced on her financial affidavit too. You wished to take my
client's deposition but I also provided his telephone number so you may discuss the case, his
jncqme and the DVI if you make an appearance in it as I will not attend his deposition at this
/timeflfThe additional issues regrading their relationship, emails about pills etc. are off limits. If
I you need to discuss any of that, then the deposition under oath is necessary.

I am setting it for final hearing even though her production is not here. I know you will provide it
timely. Thanking you in advance, I remain
Very

Philip A. McLeod

PAM
cc: Bob Camposecco
I want to respond to Mr. Camposecco's complaint against me. 2009
First,! want tp say that my client,Jean Camposecco,wanted me to tell Mr. McLeod that
she has a bunch of emails back and forth, that deal with the relationship of
Mr.Camposeccc and her. I simply told Mr. McLeod what she told me,and I did not
threaten Mr. MI Leod or his client about anything and never would. These folks
apparently had very acrimonies divorce previously( was not involved)both had very
hard feelings rei|naining,as the case lasted a long period of time,according to both of
them.
I sincerely b lieve that Philip McLeod,Esq. will not agree to Mr Camposecco's
version of the facts against me. I did not ever threaten his client, and since I have known
Mr. McLeodland his late father,William J McLeod a long time (I was his father's
employee toistait and later his partner until he died) I would never threaten Philip with
anything.
I am enclosin a copy of the Motion to Withdraw filed by Mr. McLeod, who took
exception to his client filing a complaint against me, and left me a voicemail he was
withdrawing be ;ause of the Complaint against me,which he did not know about, and he
said in the voice mail to me,that "I have had enough of this case, and I am filing a motion
to withdraw and sending my client a consent to withdrawal.'
That having tfeen said,I am willing to answer any and all questions, and respond to any
further inquiries , as I did not commit any ethical violations whatsoever,
Further for y ur information, and you can verify this with Mr. McLeod, Mr. McLeod
told me if I had any questions about the case,I should call his client, and put his number
on a post it and gave to me,hence the call he refers to.
Mr. Mcleod further told I could take his client's deposition, without Mr.McLeod being
present which I did. I took his deposition and acted like a gentleman the whole time
which the court reporter from Morey Court Reporters 727 8947407(Maria Rodriguez)

Sim

D. Eckert,Esq.
March 20,2009
03/20/2009 09:IB 72^531 PAGE 02/03

a. copy of the complaint

CERTIFICATE OF DISCLOSURE

the foregoing disclosure was furnished to _j


my present law firm of. _aand,
if different, to _ a member of the law firm of
, with which I was associated
at the time of the K^S) giving rise to the complaint in The Florida Bar File No. 2009-11,071
(6D).

CERTIFICATE OF DISCLOSURE
(Corporate/Government Employment)
I HEREBY CERTIFY that on this .day of. -200. atruecopyof
the foregoing disci )sure was furnished to. ^ my supervisor
at (name of agency), with
which I was associated at the time of the act(s) giving rise to ttie complaint in The Florida Bar
File No. 2009-11,0,71 (6D).

James Daniel Eckert

CERTIFICATE OF NON-LAW FKM AFFILIATION


(Sole Practitioner)

1 HEREBY CERTIFY to The Florida Bar on this ^jgfrflay of _Z2M^L 200.JL,


that I am not presently affiliated with a law firm and was not affiliated with a law firm at the time
of the act(s) giving rise to foe complaint in The Florida Bar File No. 2009-1 1,071 (6D).

iel Eckert
83/20/2009 09:15 72^7531

JI1-17If
03/20/2009 09:16 7531 PAGE 01/03

THE651FLORIDA BAR
EAST JEFFERSON STREET
JOHN F. HARKNBSS, JR. TALLAHASSEE, FL 32399-2300 850/561-5600
EXECUTIVE DIRECTOR WWW.FLOR10ADAR.OW;

March 9,2009

Mr. James Daniel Eel ert


Eckert Law Firm
4473rdAveNStc3 4
Saint Petersburg, FL J3701-3245

Re: Robert Camp^secco; The Florida Bar File No. 2009-11,071 (6D)

Dear Mr. Eckert:

Enclosed is a copy of an inquiry/complaint and any supporting documents submitted by the above
referenced complain* nt(s). Your response to this complaint is required under the provisions of Rule 4-
8.4Q0, Rules of Professional Conduct of the Rules Regulating The Florida Bar, and is due in our office by
March 23,2009. Fi lure to provide a written response to this complaint is in itself a violation of Rule 4-
8.4(g). You are farther requested to furnish the complainant with a complete copy of your written
•**rr * *

response, including any documents submitted therewith.

Please note that putjsuant to Rule 3-7. l(b), Rules of Discipline, any reports, correspondence, papers,
recordings and/or transcripts of hearings received from either you or the complainants) shall become a
part of the public record in this matter and thus accessible to the public upon a disposition of this file.
Pursuant to Rule 3 7.1 (f), Rules of Discipline, you are further required to complete and return the
enclosed Certificate f Disclosure form.

If either you or the cfjmpilainant(s) believe any material provided to The Florida Bar is confidential under
applicable law, undersigned counsel should be advised of that fact so that measures can be taken to seal
that portion of the fie. It should be noted that The Florida Bar is required to acknowledge the status of
proceedings during he pendency of an investigation, if a specific inquiry is made and the matter is
deemed to be in the wblic domain.

Finally, the filing this complaint does not preclude communication between the attorney and the
complainants). Please review the enclosed Notice for information, on submitting your response.

Sincerely,

Donald M Spangler, Bar Counsel


Attorney Consumer Assistance Program
ACAP Hotline 866-2 2-0707
Enclosures (Certificate of Disclosure, Notice of Grievance Procedures, Copy of Complaint, Notice •
Mailing Instructions

cc: Robert Camposecco


03/20/2009 09:06 72753 PAGE 01/03
H.UUI/UUI

IN THE CIRCUIT COURT FORPTNELLAS COUNTY, FLORIDA


CIVIL DIVISION
CASE NO. 02-003111-FD-12

IN RE: THE MARRIAGE OF:

JEAN CAMPOSECCO,,
Pctitto
and

ROBERT CAMPOSECCO,
' Respondent

MOTTON TO WTTHDRAw-AS COUNSEL

' COMES NOW the counsel forthe Respondent, ROBERT CAMPOSECCO, and requests tiiis

Honorable Court to grant him withdrawal as counsel in this cause inasmuch as the patties have

reached irreconcilable differences which cannot be resolved.

WHEREFORE, Respondent'requests this Court grant him withdrawal as counsel herein.

I hereby certify that a copy of the foregoing has been famished by U.S-. Mail to James IX
Eekert, Esq., 447 Third Avenue North, #304, St. Petersburg, Florida, 33701, counsel for Petitioner
and to the Respondent, Robert Camposecco, S747 Bardmoor Place, Unit 102F, Largo, Florida 33777
on this 11th day of March, 2009.

Philip A. McLeod, Esq.


540 Four* Street North
St Petersburg, Florida 33701
Ph: (727) 823-2527
Counsel for the Former Husband/Respondent
FBN28I034/SPN 00174641
THE FLORIDA BAR
651 EAST JEFFERSON STREET
JOHN F. HARKNESS, JR. TALLAHASSEE, FLORIDA 32399-2300 850/561-5600
EXECUTIVE DIRECTOR WWW.FLABAR.ORG

March 25, 2009

Mr. Robert Camposecco


8747 Bardmoor Place, Apt. 102F
Largo, FL 33777

Re: James Daniel Eckert; The Florida Bar File No. 2009-11,071 (06D)

Dear Mr. Camposecco:

Enclosed you will find Mr. James Daniel Eckert's response to your complaint, which does not reflect a
copy being mailed to you.

If you wish to file a rebuttal to the response, please do so in writing by April 6, 2009.

Sincerely,

Donald M Spangler, Bar Counsel


Attorney Consumer Assistance Program
ACAP Hotline 866-352-0707
Enclosure

cc: Mr. James Daniel Eckert


PERSONAL - FOR ADDRESSEE ONLY Mr. James Daniel Eckert
Eckert Law Firm
447 3rd Ave N Ste 304
Saint Petersburg, FL 337013245
Mr. Robert Camposecco
8747 Bardmoor Place, Apt. 102F
Largo, FL 33777
March 31,2009

To-Mr Donald Spangler-Florida Bar


Consumer Counsel Program
From-Robert Camposecco

Dear Mr Spangler,
Regarding) my complaint against Attorney James Eckert.
Upon the advice on my counsel Phillip McLeod (who is still my
attorney) 1 am withdrawing my complaint against Eckert.
Mr Eckert is somewhat unprofessional in my opinion but I am
convinced that the suggestion of blackmail originated from my ex-wife
and not Mr Eckert. I trust this will close the matter.

cc/Phil Mcleod
I want to respond to Mr. Camposecco's complaint against me.

First,! wan^: to say that my client,Jean Camposecco,wanted me to tell Mr. McLeod that
she has a bunch of emails back and forth, that deal with the relationship of
Mr.Camposecjco and her. I simply told Mr. McLeod what she told me,and I did not
threaten Mr. McLeod or his client about anything and never would. These folks
apparently ha^l a very acrimonios divorce previously( was not involved)both had very
hard feelings ^emaining,as the case lasted a long period of time,according to both of
them.
I sincerely believe that Philip McLeod,Esq. will not agree to Mr Camposecco's
version of the facts against me. I did not ever threaten his client, and since I have known
Mr. McLeod and his late father,William J McLeod a long time (I was his father's
employee to start and later his partner until he died) I would never threaten Philip with
anything.
I am enclosing a copy of the Motion to Withdraw filed by Mr. McLeod, who took
exception to his client filing a complaint against me, and left me a voicemail he was
withdrawing Because of the Complaint against me, which he did not know about, and he
said in the voice mail to me,that "I have had enough of this case, and I am filing a motion
to withdraw a}id sending my client a consent to withdrawal.'
That having been said,! am willing to answer any and all questions, and respond to any
further rnquirics, as I did not commit any ethical violations whatsoever.
Further for your information, and you can verify this with Mr. McLeod, Mr. McLeod
told me if I had any questions about the case,! should call his client, and put his number
on a post it and gave to rne,hence the call he refers to.
Mr. Mcleod further told I could take his client's deposition, without Mr.McLeod being
present which I did. I took bis deposition and acted like a gentleman the whole time
which the coutt reporter from Morey Court Reporters 727 8947407(Maria Rodriguez)

D. Eckert,Esq.
March 20,2009

THE FLORIDA BAR
651 EAST JEFFERSON STREET
JOliN F. HARKNESS, JR. TALLAHASSEE, FL 32399-2300 850/561-5600
EXECUTIVE DIRECTOR www.FLABAR.ORG

January 31,2011

Mr. George Marshall Osborne, Jr.


611 Druid Road E
Suite 512
Clearwater, FL 33756-3942

Re: The Florida Bar v. James Daniel Eckert


TFB File No. 2009-11,071 (6C)

Dear Mr. Osborne:

Pursuant to the order of the Supreme Court of Florida dated January 27, 2011, your client
received a public reprimand. The court also assessed costs against your client in the amount of
$1,366.50. The Florida Bar has received your client's check numbered 7566051 in the amount of
$1,366.50. This will confirm that all disciplinary costs have been paid in full in the above-
referenced file. Therefore, your client's file with this office has been closed.

I will be the contact person at The Florida Bar for issues relating to cost collection. I may be
contacted at (850) 561-3186 should there be any questions regarding this matter.

Sincerely,
~"'c..ho,..~
Lisa Chason, Legal Secretary
Lawyer Regulation Headquarters

/ ' Ms. Karen Boroughs Lopez, Bar Counsel, Tampa Branch Office
• •
THE FLORIDA BAR
MAILING ADDRESS: PHYSICAL ADDRESS:
JOHN F. HARKNESS, JR. 4200 GEORGE J. BEAN PI(WY AIRPORT MARRIOTT HOTEL 813-875-9821
EXEClJTIVE D'RECTOR 8Uln 2580 SUITE 2580 www.FLARAR.ORG
TAMPA, FL33607 TAMPA, FL 33607

January 31,2011

Robert Camposecco
8747 Bardmoor Place
Apt. 102F
Largo, FL 33777

Re: The Florida Bar v. James Daniel Eckert


Case No. SelO-1308
TFB No. 2009-11,071 (6C)

Dear Mr. Camposecco:

This is to advise you that the Supreme Court of Florida, in its Order dated January 27, 2011,
approved the Referee's Report regarding the above matter. A copy of the Report of Referee and
Order are enclosed for your records. The case is now closed.

Thank you very much for bringing this matter to the attention of The Florida Bar.

KBLics

Enclosures - Copy of Report of Referee & Supreme Court Order


• •
THE FLORIDA BAR
MAILING AI>l>RESS: PIn'SICAL AOORESS:
JOHN F. HARKNESS, JR. 4200 GEORGE J. BEAN PKWY. AIRPORT MARRIOTT HOTEL 813/875-9821
EXICCUTIVIC DIRICCTOIl SUITE 2580 SUITE 2580 www.FLABAIUlWG
TAMPA, FL 33607 TAMPA; FL 33607

July 9,2010

James Daniel Eckert


Eckert Law Firm
447 3rd Ave. N. Suite 304
St. Petersburg, FL 33701-3245

Re: Inquiry/Complaint filed by Robert Camposecco


TFB No. 2009-11,071 (6C)

Dear Mr. Eckert:

Enclosed is a copy of the complaint filed with the Supreme Court. An answer is due within 20
days of service as per Rule 3-.7.6 (h) (2). Please send your answer to the Referee with a copy to
the undersigned and Kenneth Marvin.

If you are interested in trying to resolve this matter, please contact the undersigned.

Sincerely, ~

/
t7s~
B~~~o:nsel r
KBLIcs

Enclosure: Complaint
THE FLORIDA BAR
651 EAST JEFFERSON STREET
JOliN F. HARKNESS, JR. TALLAHASSF.F., FL 32399-2300 850/561-5600
EXECUTIVE DIRECTOR WWW. FLOkIUAHAH..OW.C

July 6, 2010

The Honorable Thomas D. Hall


Clerk, Supreme Court of Florida
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1927

Re: The Florida Bar v. James Daniel Eckert;


TFB File No. 2009-1 1,071 (06C)

Dear Mr. Hall:

Pursuant to Rule 3-3.2(b), Rules of Discipline, I have enclosed a fonnal complaint in the above
referenced case and request that the court assign a referee.

Sincerely,

Tameika Gainous
Administrative Secretary I
Lawyer Regulation

Enclosures

ee: Mr. James Daniel Eckert; regular U.S. mail and Certified Mail
RRR # 7009 2250 0001 40026738
Ms. Karen Boroughs Lopez, Bar Counsel- Tampa Branch Office
Mr. Andrew B. Sasso, Designated Reviewer
.' IN THE SUPREME COURT OF FLORIDA
(Before a Grievance Committee)

THE FLORIDA BAR, TFB No. 2009-11,071 (6C)


Complainant,

v.

JAMES DANIEL ECKERT,


Respondent.
---------------_/
NOTICE OF FINDING OF PROBABLE CAUSE FOR
FURTHER DISCIPLINARY PROCEEDINGS

TO: James Daniel Eckert Certified Mail Return Receipt.


Eckert Law Firm No. 7009 0820 0000 6418 6470
447 3rd Ave. N. Suite 304
St. Petersburg, FL 33701-3245

You are hereby notified that the Sixth Judicial Circuit Grievance Committee "C", on the 15 Til day
of December, 2009. found probable cause for the violation of the following rule:

Rule 4-8.4(d) (Engage in conduct in connection with the practice of law that is prejudicial to the
administration of justice)

The record of proceedings before the Grievance Committee has been referred to the undersigned
staff lawyer for the drafting and filing of a formal complaint pursuant to Rule 3-7.4(1).

Dated thisJ (> day of December, 2009.

ar B. Lopez
Counsel
The Florida Bar
4200 George 1. Bean Parkway, Suite 2580
Tampa, FL 33607
(813) 875-9821
Florida Bar No. 444553

cc: Director of Lawyer Regulation


Jennifer A. Ficarrotta, Esq., Chair
Andrew 8. Sasso, Designated Reviewer
John Davis Fernandez, Esq., Investigating Member
Robert Camposecco, Complainant
Linda Lyman, Branch Office Manager

THE FLORIDA BAR
MAILING ADDRESS: PHYSICAL ADDRESS:
JOHN F. HARKNESS, JR. 4200 GEORGE J. BEAN PKWY AIRPORT MARRIOTT HOTEL 813/875-9821
EXECUTIVE DIRECTOR SUITE 2580 SUITE 2580 www.FLABAR.ORG
TAMPA, FL 33607 TAMPA, FL 33607

December 30, 2009

Robert Camposecco
8747 Bardmoor Place
Apt. 102F
Largo, FL 33777

RE: Complaint against James Daniel Eckert


TFB No. 2009-11,071 (6C)

Dear Mr. Camposccco:

This is to advise you that on December 15, 2009, probable cause was found in the above-
referenced matter.

This probable cause finding provides the basis for the filing of a formal complaint with the
Florida Supreme Court. Upon the filing of a formal complaint, a referee Gudge) may be assigned
to hear the case and make a recommendation to the Supreme Court on whether discipline is
warranted. It is not necessary for you to do anything further with respect to these proceedings
unless/or until you are contacted. Of course, you may bring whatever civil action you feel is
warranted, independent of our proceedings.

It may be several months before this matter comes to trial. We appreciate your patience, and the
fact that you brought the alleged misconduct to our attention.

Sincerely ~

ren~
ar Counsel
r
KBLIcs

Enclosure - Copy of Notice of finding of Probable Cause


, 00 ECClED\\.ff! ~
JAMES D. ECKERT DEC 03 1009
ATTORNEY AT LAW
FLOAIDABAR
SUITE 304, 447 3RD AVE NO TAMPABRANCH

ST. PETERSBURG, FL 33701

DECEMBER 2, 2009
MR. JOHN D. FERNANDEZ, ESQ.
918 DREW ST.
CLEARWATER, FL 33755-4518
RE COMPLAINT OF ROBERT CAMPOSeCCo
TFB FILE NO. 2009- 11,071 (GC)

DEAR MR. FERNANDEZ,

THE PURPOSE OF THIS LETTER IS TO GIVE SOME RESPONSE TO THE


ORIGINAL COMPLAINT OF MR. ROBERT CAMPOSECCO, DATED FEBRUARY 28,
2009. I ALSO RECEIVED A LETTER FROM FLORIDA BAR COUNSEL, DONALD
SPANGLER, ESQ. INDICATING THAT MR. CAMPOSECCO'S COMPLAINT
AGAINST ME HAD BEEN WITHDRAWN AND THE FILE WAS CLOSED, AS OF
APRIL 16, 2009,(COPY ATTACHED).
I HAVE TALKED AGAIN THIS WEEK WITH PHILIP MCLEOD, ESQ. AS TO
WHETHER I HAVE EVER MADE ANY THREATS OF ANY NATURE AGAINST MR.
CAMPOSECCO, WHO I DID NOT KNOW AT ALL PREVIOUS TO THIS LITIGATION
AGAINST HIS EX WIFE.
CONTRARY TO ALMOST EVERY CASE I HAVE EVER HAD IN MY
CAREER, MR. MCLEOD TOLD ME TO DEAL DIRECTLY ON SOME MATTERS,
AND ACTUALLY TO TAKE HIS DEPOSITION WITHOUT MR. MCLEOD PRESENT,
WHICH I DID IN THE NORMAL COURSE OF THE CASE. I SAY THAT AS A
BACKGROUND TO MY RESPONDING TO THE ASSERTION THAT I CONTACTED
OR TALKED TO MR. CAMPOSECCO DIRECTLY IN A CALL.
I NEVER THREATENED OR INDICATED TO MR. CAMPOSECCO, THAT I
WOULD BRING UP ANY INAPPROPRIATE MATTERS. WHAT I DID DO, WHEN I
FIRST MET WITH MR. MCLEOD, WAS TO TELL HIM THAT MY CLIENT HAD
INDICATED TO ME, AND SENT TO ME, COPIES OF A BUNCH OF EMAILS
BETWEEN MR. CAMPOSECCO AND THE FORMER MRS. CAMPOSECCO, MY
CLIENT, AND I SIMPLY WANTED MR. MCLEOD TO KNOW THAT THERE HAD
BEEN COMMUNICATION BY EMAILS ETC., BETWEEN THEM. I HAD NO
ULTERIOR MOTIVE OF ANY NATURE. I DID SUGGEST TO MR. MCLEOD, THAT
WE SETTLE THE MATTER AS SOON AS POSSIBLE. THAT DID NOT
ULTIMATELY HAPPEN, AND THE MATTER OF THE PETITION TO ELIMINATE
THE ALIMONY WAS TRIED BEORE JUDGE LENDERMAN.

/ PUB 071 G 0005


- .. __ . - .. - - - - .-
• •
I NEVER INTENDED TO DO ANYTHING WITH TH~ EMAILS BUT TO BRING
THEM TO MR. MCLEOD'S ATTENTION, AND NEVER DID ANYTHING WITH
THEM, BEFORE OR SINCE.
TO MY KNOWLEDGE THE MATTER OF THE DOMESTIC VIOLENCE
IN.JUNCTION WAS NEVER ACTED ON BY ANY COURT. I KNOW THAT I NEVER
APPEARED FOR ANY SUCH MATTER. ANY AND ALL CALLS OR
CONVERSATIONS, DEPOSITION, WERE AUTHORIZED BY MR. MCLEOD, AND
NOT OTHERWISE.
IN MY CONVERSATION AGAIN THIS WEEK WITH MR. MCLEOD, HE
INDICATED TO ME THAT HE DID NOT TAKE ANYTHING I SAID TO HIM OR TO
HIS CLIENT AS A THREAT OR BLACKMAIL. MR. MCLEOD ALSO INDICATED TO
ME THAT HE DID NOT TAKE MY CONVERSATION WITH HIM AS SLINGING
MUD, AND MY SUGGESTION WAS TO GET RID OF THIS MATTER, IN AN
EFFORT TO SeTTLE THE MATTERS, AND THAT THeRe NO EXTORTION
ATTEMPT OR THREAT IN ANYWAY. NO SUCH MATTER CAME UP IN ANY WAY
BEFORE .JUDGE LENDERMAN.
I HAVE AGAIN REVIEWED RULE 4-8.4(d) AND I BELIEVE THAT I DID
NOTHING SUGGESTED BY THE RULE THAT WOULD OTHERWISE INVOLVE
MISCONDUCT ON MY PART, IN WHAT IS PROHIBITED BY THE RULE.
IF YOU WANT TO TALK TO ME BEFORE THE COMMITTEE HEARING.
PLEASE DO NOT HESITATE. I HAVE CALLED YOUR OFFICE FOR YOU A
COUPLE OF TIMES, SINCE BEING ADVISED YOU WERE THE INVESTIGATING
MEMBER.

SINCERELY,

.JAMES D. ECKERT

COPIES FURNISHED TO MR. ROBERT CAMPOSECCO; KAREN B. LOPEZ, ESQ.,


MS• .JENNIFER A. FICARROTTA, ESQ.

PUB 071 G 0006


THE FLORIDA BAR
651 EAST JEFFERSON STREET
JOHN F. HARKNESS, JR.
TALLAHASSEE, FL 32399-2300
rL,~
ExECUJ1VE DIRECTOR 850/561-5600 ~j~
WWW.FLORIDABAIWRG
iP~-"f
.~

(!;;;)
April 16, 2009
&11]
@C

- Mr. Robert Camposecco


8747 Bardmoor Place, Apt. 102F
Largo, FL 33777

Re: James Daniel Eckert; The Florida Bar File No. 2009-11,071 (6D)
g
d=
[@)
~
IQh
.....
o
Dear Mr. Camposecco: o
o
C)
....
.....
I have received and reviewed your letter withdrawing your complaint against the above- o
referenced attorney. OJ
:J
0.
In light of the infonnation contained in your letter, our file on this matter has been closed. The
computer record will be purged and the file destroyed one year from the date of closing.

Sincerely,
e,

THE FLORIDA BAR
MAILING ADORESS: PHYSICAL ADDRESS:
JOHN F. HARKNESS, JR. 4200 GEORGE J. BEAN PKWY AIRPORT MARRIOTT HOTEL 813/875-9821
EX~ClITIVE DIRECTOR SUITE 2580 Sl1lTE 2580 www.FLABAR.ORG

TAMPA, FL 33607 TAMPA, FL 33607

November 25, 2009

James Daniel Eckert


Eckert Law Firm
447 3rd Ave. N. Suite 304
St. Petersburg, FL 33701 ~3245

Re: Inquiry/Complaint of Robert Camposecco


TFB File No. 2009-11,071 (6C)
Notice Under Rule 3~ 7.4 Summary Procedures

Dear Mr. Eckert:

This letter is to advise you that the Sixth Judicial Circuit Grievance Committee "c" will consider
the above-referenced case on December 15, 2009, pursuant to Rule 3~ 7.4, Rules Regulating The
Florida Bar.

The Committee may find either probable cause, no probable cause, minor misconduct or may
refer the matter to a Practice and Professionalism Enhancement Program. Under Rule 3-7.4(h),
no testimony will be taken. There also will be no appearances by either party or by any
witnesses in the case. However, you may make a written statement, sworn or unsworn,
explaining, refuting, or admitting the alleged misconduct. If you wish to make a written
statement, it must be received by the Investigating Member, John Davis Fernandez, Esq., at least
five (5) working days in advance of the date noted in paragraph one. Please provide copies of
your statement to bar counsel and the committee chair as well.

The Committee has discretion to schedule a live hearing prior to making a decision about this
proceeding. In this case, the Committee has determined that a live hearing would not be of
assistance in its consideration of the matter. No live hearing has been scheduled nor is
expected. If you believe that a live hearing would be useful to the Committee's deliberations,
you may request that the Committee revisit its decision. You may do so by sending a written
request for a live hearing to the Chair of the Committee, with copies to the Investigating Member
and to the Bar's counsel. Your request should include an explanation of why a live hearing is
needed to supplement the written record, including a description of the evidence and issues you
would expect to be presented at such a hearing. Your request should be received by the Chair at
least five (5) business days prior to the scheduled summary proceeding. If the Committee
decides to schedule a live hearing, you will be notified of that fact. The decision whether to hold

PUB 071 G 0008


James Daniel Eckert
November 25, 2009
Page 2
• •
a live hearing is left to the absolute discretion of the Committee; there is no right to appeal or
review this decision.

The Rule Regulating The Florida Bar which may have been violated is as follows:

Rule 4-8.4(d) (Engage in conduct in connection with the practice of law that is prejudicial to the
administration ofjustice).

The conduct being investigated by the Committee is contained in the documents previously
provided.

Sincerely,

Enclosures: Grievance Committee Membership List

cc: Robert Camposecco, Complainant


John Davis Fernandez, Esq., Investigating Member
Jennifer A. Ficarrotta, Esq., Chair
Andrew B. Sasso, Esq., Designated Reviewer

PUB 071 G 0009


----. ------- .-._--------_._..... -._-_ ... __ ._ ..

THE FLORIDA BAR


MAILING ADDRESS: PHYSICAL ADDRESS:
JOHN F. HARKNESS, JR. 4200 GEORGE J. BEAN PKWY. AIRPORT MARRIOTT HOTEL 813/875-9821
EIlli:CUTIVE DIRECTOR WWW.FLARAR.ORG
SUITE 2580 SUITE 2580
TAMPA, FL 33607 TAMPA, FL 33607

July 29, 2009

Robert John Finck, Esq.


Robert John Finck, P.A.
520 4th S1. N., Fl. 2, E. 8te.
81. Petersburg, Florida 33701-2302

Re: Inquiry/Complaint against James Daniel Eckert


Complaint of Robert Camposecco
TFB No. 2009-11,071 (60)

Dear Mr. Finck:

'Ibe above-referenced matter is being forwarded to your committee for investigation and
appropriate action. Potential violations include but are not limited to:

Rule 4-8.4(d) (Engage in conduct in connection with the practice oflaw


that is prejudicial to the administration ofjustice).

Please advise as to whom you wish to assign the file.

Sincerely,

kz~
~arCounsel

KBLlcs

cc: James Daniel Eckert


Robert Camposecco

PUB 071 G 0001


.Jam•• D. Eckert, Esquire
Attom.y at Law
447 Third Avenue North
Suite 304
St. Petersburg, FL 33701
(727) 821-0001

.lune 24, 2009


roJ~©~~W~~
lIt JUL 0 1 2009 l!:!J
FLORIDA BAR
TAMPA BRAI\k:;H
Mr. Donald M. Spangler, Bar Counsel
Attomey Consumer Assistance Program
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399·2300

Re: James Daniel Eckert; The Florida Bar File No. 2009..11,071
(6D)

Dear Mr. Spangler:

Once again I am responding to baseless allegations against me.


The same complaint has already been dismissed.

I had nothing to do with Mr. McLeod's reaction or his resignation


from the case.

For your Information, Mr. McLeod did try the case and the
outcome was against Mr. Camposeceo. I never gave Mr. McLeod
or his client any advice.

PUB 071 S 0002



Page Two
Mr. Donald M. Spangler
June 24, 2009

Blackmail Is a serious allegation and very defamatory. I never


told Mr. McLeod anything that he mentions in the next to last
paragraph. Enclosed is a copy of the Final JUdgment.

Sincerely,

.lames D. Eckert, Esquire

JDE/biu

Encl.

PUB 071 S 0003

-------------------------------------- _.-
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
DCN; 522002DR003111XXFDFD REF. NO. 02-3111~FD-12

INRE; THE MARRIAGE OF


JEAN CAMPOSECCO,
PetitionerlFonner Wife,
vs.
ROBERT CAMPOSECCO,
RespondentIFormer Husband.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _-----'1

SECOND SUPPLEMENTAL FINAL JUDGMENT

TillS CAUSE came before the Court in a non-jury trial on April 20, 2009. The Court
heard testimony from the parties and one other witness. In addition, the Court considered the
parties' docwnentary evidence. Upon consideration of the evidence, the Court denies the
Husband's Second Supplemental Petition for TerminationJReduction of Support.
The parties were originally divorced in November, 2004. The original Final Judgment
provided the Former Wife with permanent periodic alimony of $1,200.00 per month. In August,
2007, this Court reduced the Former Wife's alimony to $600.00 per month. It is noted in Judge
Federico's Supplemental Final Judgment that the Court had a very difficult time analyzing the
Fonner Wife's needs and then income. Judge Federico reduced the permanent periodic alimony
in 2007 from $1,200.00 per month based solely upon the Former Husband's reduction ofincome.
In December, 2008, the Fonner Husband again petitioned the Court for a reduction of the
permanent periodic alimony. His sole ground for seeking a reduction of alimony was his
allegation that "The Former Wife's income from SS has begun and she is employed outside the
hom,e."
Notwithstanding the Former Wife's position that the Former Husband's income was a
viable issue, this Court held on March 30 that "This is an alimony modification case in which the
Former Husband does not claim a reduction in income. He claims the Former Wife's needs are
either reduced or she has additional income." The issue for trial was framed by the pleadings
and the Court's order of March 30, 2009. No other issue was to be presented to the Gourt.
IIi Judge Federico,'sSupplemental Final Judgment dated August 24, 2007, he found that
the Former Wife's needs were incalculable. However incalculable the Former Wife's needs are,

PUB 071 S 0004


it is this Court's determination that her needs exceed her. income even with the $600.00 per
month alimony.
In considering the Fonner Wife's real needs, the Court is discounting the income and
expenses from the hair salon. The expenses on her financial affidavit, Exhibit #2, are overstated,
but if one excludes the income and expenses of the shop, she still needs far more than the
$2,235.00 per month gross income she claims to be receiving. It is neither the Former Husband's
affair nor the Court's business if the Former Wife wishes to borrow substantial monies from her
family, friends and customers to pour into this losing business venture. Again, whether or not the
Foimer Wife chooses to poW" money into this hair salon that is obviously a losing proposition,
her basic needs are still not met by her waitress work, Social SecW"ity and alimony. The Former
Wife could greatly reduce her expenses by disposing of or closing the hair salon while at the
same time she would eliminate $500.00 per month income. In that event, her gross income
would be $1,735.00 per month, an amount insufficient to even pay her mortgage.
In conclusion, it is the Court's analysis of the relevant testimony and documentary
evidence that the Former Husband's Petition to Modify is not well taken. Accordingly, the
Former Husband's Supplemental Petition to Modify be and the same is hereby denied.
The Former Husband claims an entitlement to attorney's fees and costs which claim is
denied.
The CoW"t retains jurisdiction to enforce and modify both the original Final Judgment and
the Supplemental Final Judgment dated August 24, 2007 as provided by law.
DONE AND ORDERED in Chambers, at St. , Florida, this
21 st day of April, 2009. NED

JOHNC
CIRCU
Copies furnished to:
James D. Eckert, Esquire
447 _3 rd Avenue North, #304
St. Petersburg, FL 33701
Attorney for Petitioner
Philip A. McLeod, Esquire
540 - 4th St. North
St. Petersburg, FL 33701
Attorney for Respondent

'}

PUB 071 S 0005


"f"
JUL-10~2009 04:56
7.4072
FROM:BOB CAt SECCO 7273984072
.- ro: 1B138726953
I"
P.l

,;
.JULY 9, 2009 I,
l
I
1 il!

MR. RO••RT CAMPOSEceo


8747 BA;lDMOOR PLACE
APT 102P;
II
;
I

LARGO, F,L 33777

D~R M~. CAMPOSICCO, •


YOU ttAVE FILeD A SA....... COMPLAINT AGAINST ME WITH T~I!:"
FLORIDA: BAR, CHARGING Me, AMONG OTHeR THINGS WITH BRIBERf ~,"D
UTORTrOM. I "
THIS: LBTTER THI!N, IS TO PUT YOU ON NOTice, THAT UNLess j::'
WITHD~W SUCH CHARGIS, PLU8 Issue A LeTTeR OF APOLOGY, W~1r"IN' ,
DAYS FROM ..JULY 10, 2009, WHCM IS THI! STATUTORY TIM!!, YOU WI~~".
sueD FO" D~FAMATIONOF CHARACTeR, AMONG OTHeR MATTeR~ ;tND:
YOU WILL Be HeLD RI!SPONDSISll! FOR ALL DAMAGes. :,j ,;
PLQSI! CONSULT WITH AN ATTORNEY OF YOUR OWN CHOOSIt«P",
ABOUT THEse ,MATTERS, BUT I HeREBY ADVISI! YOU THAT MR. PHI~":
MCLEOD,; eSQ. WILL Be CALLeD AS A WITN!SS BY MY ATTORNey. IiI ,Ii
PLI!~se Be GOVeRNeD ACCORDINGLY. <:,l
'I! :
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PUB 071 $ 0006


THE FLORIDA BAR
651 EAST JEFFERSON STREET
JOHN F. HARKNESS, JR. TALLAHASSEE, FL 32399-2300 850/561-5600
EXECUTIVE DIRECTOR WWW.FLORIDABAR.ORG

April 16, 2009

Mr. Robert Camposecco


8747 Bardmoor Place, Apt. 102F
Largo, FL 33777

Re: James Daniel Eckert; The Florida Bar File No. 2009-11,071 (6D)

Dear Mr. Camposecco:

I have received and reviewed your letter withdrawing your complaint against the above-
referenced attorney.

In light of the information contained in your letter, our file on this matter has been closed. The
computer record will be purged and the file destroyed one year from the date of closing.

Sincerely,

cc: Mr. James Daniel Eckert


Mr. Robert Camposecco
8747 Bardmoor Place, Apt. 102F
Largo, FL 33777
PERSONAL - FOR ADDRESSEE ONLY Mr. James Daniel Eckert
Eckert Law Firm
447 3rd Ave N Ste 304
Saint Petersburg, FL 337013245
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR, CASE NO.

Complainant, TFB NO. 2009-11,071 (6C)


v.

JAMES DANIEL ECKERT,

Respondent.

COMPLAINT

THE FLORIDA BAR, Complainant, files this Complaint against James

Daniel Eckert, Respondent, pursuant to Rule 3-3.2(b), Rules Regulating The

Florida Bar, and alleges:

1. Respondent is, and at all times mentioned herein was, a member of

The Florida Bar, subject to the jurisdiction of the Supreme Court of Florida.

2. Respondent represented Jean Camposecco in post dissolution of

marriage proceedings.

3. While the case was pending, the opposing party, Robert Camposecco,

filed an Inquiry/Complaint against Respondent with The Florida Bar.

4. On or about July 9, 2009, Respondent wrote a letter to Camposecco

threatening to sue Camposecco for defamation and damages unless he withdrew

his Bar complaint and issued a letter of apology within five days. A copy of
Respondent's letter dated July 9, 2009 is attached hereto as Exhibit A.

5. On or about July 13, 2009, Camposecco withdrew his Bar complaint.

A copy of Camposecco's July 13, 2009 withdrawal letter is attached hereto as

Exhibit B.

6. On December 30, 2009, the Sixth Judicial Circuit Grievance

Committee "C" found probable cause for further disciplinary proceedings, and the

presiding member of the grievance committee has approved the instant complaint.

7. By reason of the foregoing, the Respondent has violated the following

Rules Regulating The Florida Bar: Rule 4-8.4(d) (a lawyer shall not engage in

conduct in connection with the practice of law that is prejudicial to the

administration of justice).

WHEREFORE, The Florida Bar respectfully requests that the

Respondent be appropriately disciplined.

Kenneth Lawrence Marvin Karen B. Lopez <s


Staff Counsel Bar Counsel
The Florida Bar The Florida Bar
651 E. Jefferson Street 4200 George J. Bean Pkwy.
Tallahassee, Florida 32399-2300 Suite 2580
(850)561-5600 Tampa, Florida 33607
Florida Bar No. 200999 (813)875-9821
Florida Bar No. 444553
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original of this Complaint has been


furnished by regular U. S. mail to The Honorable Thomas D. Hall, Clerk, the
Supreme Court of Florida, 500 South Duval Street, Tallahassee, Florida 32399-
1925; a true and correct copy by U.S. certified mail No. 7009 2250 0001 4002
6738, Return Receipt Requested, and by regular U.S. mail to James Daniel
Eckert, Esq., Respondent, at his record Bar address of Eckert Law Firm, 447 3rd
Ave. N., Suite 304, St. Petersburg, FL 33701-3245; a copy to Karen B. Lopez,
Bar Counsel, The Florida Bar, 4200 George J. Bean Pkwy., Suite 2580, Tampa,
Florida 33607; and a copy to Andrew B. Sasso, Designated Reviewer, at 2600
McCormick Drive, Suite 240, Clearwater Florida 33759-1031; all this ^fo day
of \U\l\ ,2010.

Kenneth Lawrence Marvin


Staff Counsel

NOTICE OF TRIAL COUNSEL

PLEASE TAKE NOTICE that the trial counsel in this matter is Karen B.
Lopez, Bar Counsel, whose address is The Florida Bar, 4200 George J. Bean
Pkwy., Suite 2580, Tampa, Florida 33607. Respondent need not address
pleadings, correspondence, etc. in this matter to anyone other than trial counsel and
to Staff Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, Florida
32399-2300.
72 84072
JUL-10-8009 04:56 FROM:BOB Cfir SECCO 7S7398407S rO:181387S6953 P.I

JULY 0, 2000

MR. ROBiERT CAMPOSECCO


8747 BAJtDMOOR PLACE
APT 102F
LARGO, f L 33777

DEAR MR. CAMPOSECCO,


YOU HAVE FILED A BASELESS COMPLAINT AGAINST ME WITH THJC
FLORIDA BAR, CHARGING ME, AMONG OTHER THINGS WITH BRIBER^ AND
EXTORTION. | '
THIS; LETTER THEN, IS TO PUT YOU ON NOTICE, THAT UNLESS j
WITHDRAW SUCH CHARGES, PLUS ISSUE A LETTER OF APOLOGY, WITHIN 5
DAYS FROM JULY 10, 2009, WHCH IS THE STATUTORY TIME, YOU WlLl.
SUED FOR DEFAMATION OF CHARACTER, AMONG OTHER MATTERS, '|iND
YOU WILL BE HELD RESPONDSIBLE FOR ALL DAMAGES. |
PLEASE CONSULT WITH AN ATTORNEY OF YOUR OWN CHOOSIN0
ABOUT THESE MATTERS, BUT I HEREBY ADVISE YOU THAT MR. P
MCLEOD, ESQ. WILL BE CALLED AS A WITNESS BY MY ATTORNEY.
PLEASE BE GOVERNED ACCORDINGLY.

PUB 071 S 0006

Exhibit A
\

§
-0

PUB 071 G 0002


100/100 'd
Exhibit B
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR, CASE NO. SC10-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.

REPORT OF REFEREE

I. Summary of Proceedings: Pursuant to the undersigned being duly


appointed as Referee to conduct disciplinary proceedings herein according to the
Rules Regulating The Florida Bar, a Conditional Guilty Plea for Consent Judgment
was signed on December 11, 2010. Any pleadings, notices, motions, orders,
transcripts, and exhibits are forwarded to The Supreme Court of Florida with this
report and constitute the record in this case.

The following attorneys appeared as counsel for the parties:

For The Florida Bar: Karen Boroughs Lopez

For The Respondent: George Marshall Osborne, Jr., Esq.

II. Findings of Fact as to Each Item of Misconduct With Which the


Respondent Is Charged: I adopt the stipulated facts as set forth in the Conditional
Guilty Plea for Consent Judgment as my findings of fact as follows:

On or about July 9, 2009, Respondent wrote a letter to a complainant


threatening to sue him for defamation and damages unless he withdrew his Bar
complaint and issued a letter of apology within five days.

DEC 29 2010
III. Recommendations as to Whether or Not the Respondent should Be
Found Guilty: I recommend that the Conditional Guilty Plea be accepted and that
Respondent be found guilty of violating the following Rules Regulating The Florida
Bar:
Rule 4-8.4(d) (Conduct prejudicial to the administration of justice).

IV. Recommendation as to Disciplinary Measures to Be Applied:

A Public Reprimand administered by service of a copy of the Order of the


Court approving the Consent Judgment.

V. Personal History and Past Disciplinary Record: After the finding of


guilty and prior to recommending discipline to be recommended pursuant to Rule 3-
7.6(m)(l), I considered the following personal history and prior disciplinary record
of the respondent, to wit:

Age: 70
Date Admitted to Bar: October 15, 1965
Prior disciplinary convictions and disciplinary measures imposed
therein: Admonishment received July 1 8, 2008 in The Florida Bar Case No. 2007-

VI. Statement of costs and manner in which costs should be taxed: I find
the following costs were reasonably incurred by The Florida Bar:

Administrative costs pursuant to


Rule3-7.6(q)(l)(I) $1,250.00

Bar Counsel Costs: 31.50

Court Reporter Costs: 85.00

TOTAL: $L 366.50

It is recommended that all such costs and expenses, together with the foregoing
itemized costs, be charged to the respondent and that interest at the statutory rate
shall accrue and be payable beginning 30 days after the judgment in this case
become final unless a waiver is granted by the Board of Governors of The Florida
Bar.

Dated this day of December, 2010.


ORIGIN- SIGNED
CONFOF 0 COPY

DEC <•<*> 2010


CHRISTINE ./OQEL
OOUNTY/CIRCv T JUDGE
Honorable Christine K. Vogel, Referee

Copies:

Karen B. Lopez, Bar Counsel, The Florida Bar, 4200 George J. Bean Pkwy.,
Suite 2580, Tampa, Florida 33607

James Daniel Eckert, Respondent, c/o George M. Osborne, Esq., 611 Druid
Road East, Ste. 512, Clearwater, FL 33756 - 3938

Kenneth Lawrence Marvin, Staff Counsel, The Florida Bar, 651 E. Jefferson
Street, Tallahassee, Florida 32399-2300
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR, CASE NO. SC10-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.

CONDITIONAL GUILTY PLEA FOR


CONSENT JUDGMENT

COMES NOW, James Daniel Eckert, Respondent, pursuant to Rule 3-7.9,

Rules Regulating The Florida Bar, and states his present intention to tender a

conditional plea to the below-listed violations as charged in the Complaint filed by

THE FLORIDA BAR in this cause, provided and conditioned upon the below-

stated discipline being finally approved by the Supreme Court of Florida. The

following is the stipulated factual basis:

1. Respondent is, and at all times mentioned herein was, a member of

The Florida Bar, subject to the jurisdiction of the Supreme Court of Florida.

2. Respondent is acting freely and voluntarily in this matter and has had

the opportunity to consult with counsel of his choice.

3. Respondent is aware that Rule 3-7.6(q), Rules Regulating The Florida


Bar, provides for the taxing of costs incurred by THE FLORIDA BAR in a

disciplinary proceeding. Respondent agrees that he will not attempt to discharge

the obligation for the payment of the Bar's costs in any future proceedings,

including but not limited to, a Petition for Bankruptcy.

4. Respondent is not certified in any area of practice.

5. Respondent is represented in these proceedings.

6. The allegations underlying this plea are as follows and provide the

factual basis for discipline to be imposed against Respondent:

On or about July 9, 2009, Respondent wrote a letter to a complainant

threatening to sue him for defamation and damages unless he withdrew his Bar

complaint and issued a letter of apology within five days.

7. Respondent pleads guilty to violating the following Rules Regulating

The Florida Bar:

Rule 4-8.4(d) (Conduct prejudicial to the administration of justice).

8. Respondent consents to the following discipline:

A Public Reprimand to be administered by service of a copy of the

Order of the Court approving the Consent Judgment.

9. If this plea is accepted, then the respondent agrees to pay all costs

associated with this case pursuant to Rule 3-7.6(q) of the Rules Regulating The

Florida Bar, in the amount of $ 1,366.50.within 30 days following the date of the
Order Approving the Report of Referee.

10. Respondent further acknowledges his obligation to pay the costs of this

proceeding and that payment is evidence of strict compliance with the conditions of

any disciplinary order or agreement, and is also evidence of good faith and fiscal

responsibility.

11. Should this Conditional Guilty Plea for Consent Judgment not be

approved by the Board of Governors of The Florida Bar and the Supreme Court of

Florida, it and all the statement herein are void and of no effect whatsoever.

Dated:
Eckert, Respondent
c/o George M. Osborne, Esq.
611 Druid Road East, Ste. 512
Clearwater,FL
33756 - 3938
727/631-7483
Florida Bar No. 91610

Dated: -O-
fge\M. u)sborne, Esq.
Attorneyft)r Respondent
611 Druid Road East, Ste. 512
Clearwater, FL 33756-3938
727/631-7483
Florida Bar No. 92597
Dated:
/ICaren B. Lopez p
Bar Counsel
4200 George J. Bean Parkway, Suite 2580
Tampa, Florida 33607-1496
(813)875-9821
Florida Bar No. 444553

Approved By: Andrew B. Sasso, Designated Reviewer


Kenneth Lawrence Marvin, Staff Counsel
Supreme Court of Jfiortba
THURSDAY, JANUARY 27, 2011

CASENO.:SC10-1308
Lower Tribunal No(s).: 2009-11,071(6C)

THE FLORIDA BAR vs. JAMES DANIEL ECKERT

Complainant(s) Respondent(s)

The Court approves the uncontested referee's report and reprimands


respondent.
Judgment is entered for The Florida Bar, 651 East Jefferson Street,
Tallahassee, Florida 32399-2300, for recovery of costs from James Daniel Eckert
in the amount of $1,366.50, for which sum let execution issue.
Not final until time expires to file motion for rehearing, and if filed,
determined.

A True Copy
Test:

Thomas D. Hall
Clerk, Supreme Court

sm
Served:

ANDREW BLAISE SASSO


KENNETH LAWRENCE MARVIN
KAREN BOROUGHS LOPEZ
GEORGE MARSHALL OSBORNE, JR.
HON. CHRISTINE K. VOGEL, JUDGE

HUCRECORT
JAN 28 Zoii

&'
~~t'tme qcourt of §f~rlbll ~~J~~ /i;~
THURSDAY, JANUARY 27, 2011 T~~~~IDABAR
----!lliAr-.!9:!-
CASE NO.: SClO-1308
Lower Tribunal No(s).: 2009-ll,07l(6C)

THE FLORIDA BAR vs. JAMES DANIEL ECKERT 1


Complainant(s) Respondent(s)

The Court approves the uncontested referee's report and reprimands


respondent.
Judgment is entered for The Florida Bar, 651 East Jefferson Street,
Tallahassee, Florida 32399-2300, for recovery of costs from James Daniel Eckert in
the amount of $1 ,366.50, for which sum let execution issue.
Not final until time expires to file motion for rehearing, and if filed,
determined.

A True Copy
Test:

~IP,tfid!
Clerk, Supreme COUlt

sm
Served:

ANDREW BLAISE SASSO


KENNETH LAWRENCE MARVIN
KAREN BOROUGHS LOPEZ
GEORGE MARSHALL OSBORNE, JR.
HON. CHRISTINE K. VOGEL, JUDGE
() o
-s. ~ --' ""

IN THE SUPREME COURT OF FLORID


(Before a Referee)

TEE FLORIDA BAR, CASE NO. SCIO·1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.
JAMES DANIEL ECKERT,

Respondent.
-------------',
INDEX OF RECORD

A<::TION DATE FILED TAB


I. COMPLAINT JULY 7, 2010 1
2. ORDER TO APPOINT REFEREE JULY 12,2010 2
3. ORDER APPOINTING REFEREE JULY 15,2010 3
4. NOTICE OF HEARING - CASE MANAGEMENT JULY 27,2010 4
CONFERENCE
5.. CASE MANAGEMENT ORDER AUGUST 26,2010 5
6. NOTICE OF FINAL HEARING AUGUST 30,2010 6
7. FLORIDA BAR'S PRELIMINARY WITNESS LIST SEPTEMBER 17,2010 7
8. FLORIDA BAR'S FIRST REQUEST FOR SEPTEMBER 17,2010 8
ADMISSIONS
9. FLORIDA BAR'S PRELIMINARY EXHIBIT LIST SEPTEMBER 17,2010 9
10. RESPONDENTS ANSWER TO FIRST REQUEST SEPTEMBER 23, 2010 10
FOR ADMISSIONS
11. RESPONDENT'S PRELIMINARY WITNESS LIST SEPTEMBER 23, 2010 11
12. RESPONDENT S PRELIMINARY EXHIBIT LIST SEPTEMBER 23, 2010 12
13. FLORIDA BAR'S FINAL WITNESS LIST OCTOBER 12,2010 13
14. FLORIDA BAR'S FINAL EXHIBIT LIST OCTOBER 12, 2010 14
15.. CONDITIONAL GUILTY PLEA FOR CONSENT DECEMBER 16,2010
JUDGMENT 15

I
() ()

16. MOTION TO ASSESS COSTS DECEMBER 16,2010 16


17. REPORT OF REFEREE DECEMBER 22, 2010 17
18. CORRESPONDENCE (2) 18

I HEREBY CERTIFY that the referenced Index of Record, the pleadings


and original documents have been provided to the Honorable Thomas D. Hall,
Clerk of the Supreme Court of Florida, 500 South Duval Street, Tallahassee,
Florida 32399-6446.

Copies furnished to:


Karen Boroughs Lopez, Bar Counsel, The Florida Bar, 4200 George J. Bean
Parkway, Suite 2580,Tampa, Florida 33607;

James Daniel Eckert, Respondent, c/o George M. Osborne, Esq., 611 Druid
Road East, Ste. 512, Clearwater, FL 33756 - 3938;

Kenneth Lawrence Marvin, Staff Counsel, The Florida Bar, 651 East Jefferson
Street, Tallahassee, Florida 32399-2300.

Thisdd.. day ofk, 2010 by Judicial Assistant to Referee,


Honorable Christine K. Vogel, 302 N. Michigan Ave., Room 7, Plant City, FL
33563

Denise Stone, Judicial Assistant


-" (,. ..
o ()

IN THE SUPREME COURT OF FLORIDA


(Before a Referee)

THE FLORIDA BAR, CASE NO. SCIO-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.
_ _ _ _ _ _ _ _ _ _---'1

REPORT OF REFEREE

I. Summary of Proceedings: Pursuant to the undersigned being duly


appointed as Referee to conduct disciplinary proceedings herein according to the
Rules Regulating The Florida Bar, a Conditional Guilty Plea for Consent Judgment
was signed on December 11,2010. Any pleadings, notices, motions, orders,
transcripts, and exhibits are forwarded to The Supreme Court of Florida with this
report and constitute the record in this case.

The following attorneys appeared as counsel for the parties:

For The Florida Bar: Karen Boroughs Lopez

For The Respondent: George Marshall Osborne, Jr., Esq.

II. Findings of Fact as to Each Item of Misconduct With Which the


Respondent Is Charged: I adopt the stipulated facts as set forth in the Conditional
Guilty Plea for Consent Judgment as my findings offact as follows:

On or about July 9, 2009, Respondent wrote a letter to a complainant


threatening to sue him for defamation and damages unless he withdrew his Bar
complaint and issued a letter of apology within five days.

1
o ()

III. Recommendations as to Whether or Not the Respondent should Be


Found Guilty: I recommend that the Conditional Guilty Plea be accepted and that
Respondent be found guilty of violating the following Rules Regulating The Florida
Bar:
Rule 4-8.4(d) (Conduct prejudicial to the administration ofjustice).

IV. Recommendation as to Disciplinary Measures to Be Applied:

A Public Reprimand administered by service of a copy of the Order of the


Court approving the Consent Judgment.

V. Personal History and Past Disciplinary Record: After the finding of


guilty and prior to recommending discipline to be recommended pursuant to Rule 3-
7.6(m)(l), I considered the following personal history and prior disciplinary record
of the respondent, to wit:

Age: 70
Date Admitted to Bar: October 15, 1965
Prior disciplinary convictions and disciplinary measures imposed
therein: Admonishment received July 18, 2008 in The Florida Bar Case No. 2007-
11,711 (6D).

VI. Statement of costs and manner in which costs should be taxed: I find
the following costs were reasonably incurred by The Florida Bar:

Administrative costs pursuant to


Rule 3-7.6(q)(1)(I) $1,250.00

Bar Counsel Costs: 31.50

Court Reporter Costs: 85.00

TOTAL: $1.366.50

It is recommended that all such costs and expenses, together with the foregoing
itemized costs, be charged to the respondent and that interest at the statutory rate
shall accrue and be payable beginning 30 days after the judgment in this case
become final unless a waiver is granted by the Board of Governors of The Florida

2
o ()

Bar.

Dated this _ _ day of December, 2010.


ORIGINAL SIGNED
CONFORMED copy

DEC 222010
CHRISTINE K VOGEL
'~OIINTYiCIRClJIT JUOrE

Copies:

Karen B. Lopez, Bar Counsel, The Florida Bar, 4200 George J. Bean Pkwy.,
Suite 2580, Tampa, Florida 33607

James Daniel Eckert, Respondent, c/o George M. Osborne, Esq., 611 Druid
Road East, Ste. 512, Clearwater, FL 33756 - 3938

Kenneth Lawrence Marvin, Staff Counsel, The Florida Bar, 651 E. Jefferson
Street, Tallahassee, Florida 32399-2300

3
'C) ()
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR, CASE NO. SCIO-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.
--------------'--!/

MOTION TO ASSESS COSTS

Comes now, The Florida Bar, and files this Motion to Assess Costs pursuant

to Rule 3-7.6(q), Rules Regulating The Florida Bar, and as grounds therefore states

as follows:

1. The parties have entered into a Conditional Guilty Plea for Consent

Judgment.

2. In the Conditional Guilty Plea for Consent Judgment, Respondent

agreed to pay the reasonable costs of The Florida Bar in the amount of$I,366.50,

as set forth in the Bar's Statement of Costs.

3. A copy of the Bar's Statement of Costs is attached hereto as Exhibit

"A".
() ()
WHEREFORE, The Florida Bar requests costs in the amount of $1,366.50 be

assessed against Respondent and that interest at the statutory rate shall accrue and

be payable beginning 30 days after the judgment in this case becomes final unless a

waiver is granted by the Board of Governors of The Florida Bar.

Respectfully submitted,

~Lf~
~aren B. Lopez
Bar Counsel
The Florida Bar
4200 George J. Bean Pkwy.
Suite 2580
Tampa, Florida 33607
(813) 875-9821
Florida Bar No.444553

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original of the foregoing Motion to Assess


Costs was furnished by regular U.S. Mail to the Honorable Christine K. Vogel,
Referee, at 302 N. Michigan Ave., Room 7, Plant City, FL 33563 and to James
Daniel Eckert, Respondent, c/o George M. Osborne, Esq., 611 Druid Road East,
Ste. 512, Clearwater, FL 33756-3938 and by regular U. S. Mail to Kenneth
Lawrence MarVin Staff Counsel, 651 E. Jefferson Street, Tallahassee, Florida
7
32399-2300, this .c day of December, 2010.

i:r.~P:~
Bar Counsel
() (.~.,)

IN THE SUPREME COURT OF FLORIDA


(Before a Referee)

THE FLORIDA BAR, CASE NO. SCIO-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.
_ _ _ _ _ _ _ _ _ _----:1

STATEMENT OF COSTS

COMES NOW The Florida Bar and files this Statement of Costs pursuant to
Rule 3-7.6(q):

Administrative costs pursuant to Rule 3-7.6(q)(1 )(1) $1,250.00

Bar Counsel Costs: 31.50

Court Reporter Costs: 85.00

TOTAL: $1.366.50

aren B. Lopez
Bar Counsel
The Florida Bar
4200 George J. Bean Pkwy.
Suite 2580
Tampa, Florida 33607
(813) 875-9821
Florida Bar No.444553

Exhibit A
C) C)
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR, CASE NO. SCIO-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.
_ _ _ _ _ _ _ _ _ _ _-:1

CONDITIONAL GUILTY PLEA FOR


CONSENT JUDGMENT

COMES NOW, James Daniel Eckert, Respondent, pursuant to Rule 3-7.9,

Rules Regulating The Florida Bar, and states his present intention to tender a

conditional plea to the below-listed violations as charged in the Complaint filed by

THE FLORIDA BAR in this cause, provided and conditioned upon the below-

stated discipline being finally approved by the Supreme Court of Florida. The

following is the stipulated factual basis:

I. Respondent is, and at all times mentioned herein was, a member of

The Florida Bar, subject to the jurisdiction of the Supreme Court of Florida.

2. Respondent is acting freely and voluntarily in this matter and has had

the opportunity to consult with counsel of his choice.

3. Respondent is aware that Rule 3-7.6(q), Rules Regulating The Florida


() ()
Bar, provides for the taxing of costs incurred by THE FLORIDA BAR in a

disciplinary proceeding. Respondent agrees that he will not attempt to discharge

the obligation for the payment of the Bar's costs in any future proceedings,

including but not limited to, a Petition for Bankruptcy.

4. Respondent is not certified in any area of practice.

5. Respondent is represented in these proceedings.

6. The allegations underlying this plea are as follows and provide the

factual basis for discipline to be imposed against Respondent:

On or about July 9, 2009, Respondent wrote a letter to a complainant

threatening to sue him for defamation and damages unless he withdrew his Bar

complaint and issued a letter of apology within five days.

7. Respondent pleads guilty to violating the following Rules Regulating

The Florida Bar:

Rule 4-8.4(d) (Conduct prejudicial to the administration ofjustice).

8. Respondent consents to the following discipline:

A Public Reprimand to be administered by service of a copy of the

Order of the Court approving the Consent Judgment.

9. If this plea is accepted, then the respondent agrees to pay all costs

associated with this case pursuant to Rule 3-7.6(q) of the Rules Regulating The

Florida Bar, in the amount of $ 1,366.50 within30 days following the date ofthe
C) ()
Order Approving the Report of Referee.

10. Respondent further acknowledges his obligation to pay the costs ofthis

proceeding and that payment is evidence of strict compliance with the conditions of

any disciplinary order or agreement, and is also evidence of good faith and fiscal

responsibility.

II. Should this Conditional Guilty Plea for Consent Judgment not be

approved by the Board of Governors of The Florida Bar and the Supreme Court of

Florida, it and all the statement herein are void and of no effect whatsoever.

Ja~POndent
c/o George M. Osborne, Esq.
611 Druid Road East, Ste. 512
Clearwater,FL
33756 - 3938
727/631- 7483
Florida Bar No. 91610

Dated: J~-to - \0
'<-Jf>nrge . sborne, sq.
Attorney' r Respondent
611 Druid Road East, Ste. 512
Clearwater, FL 33756-3938
727/631-7483
Florida Bar No. 92597
C) /")
\ -'

Dated: /~;/ >/;/0


J /
~,6~
Bar Counsel
4200 George 1. Bean Parkway, Suite 2580
Tampa, Florida 33607-1496
(813) 875-9821
Florida Bar No. 444553

Approved By: Andrew B. Sasso, Designated Reviewer


Kenneth Lawrence Marvin, Staff Counsel
() C)

IN THE SUPREME COURT OF FLORIDA


(Before a Referee)

THE FLORIDA BAR, CASE NO. SCIO-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.
----------~/
THE FLORIDA BAR'S FINAL EXHIBIT LIST

COMES NOW, THE FLORIDA BAR, by and through its undersigned

attorney, and files this, its Final Exhibit List, as follows:

1. Letter from Respondent to Mr. Camposecco dated 7/9/09. (PUB 071 S

0006)

2. Letter from Complainant to Mr. Camposecco dated 7/13/09. (PUB

071 G 0002)

3. Letter from Respondent to Or. Alfred Bonati dated 5/16/07.

4. Admission of Minor Misconduct, The Florida Bar Case No. 2007-

11,711 (6D).

5. Report of Minor Misconduct, The Florida Bar Case No. 2007-11,711

(6D).
() ()
6. Any and all Exhibits listed by Respondent.

Respectfully submitted,

6p:';;(r
Bar Counsel
The Florida Bar
4200 George J. Bean Pkwy.
Suite 2580
Tampa, Florida 33607
(813) 875-9821
Florida Bar No. 444553

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original of the foregoing Final Exhibit List
was furnished by regular U.S. Mail to the Honorable Christine K. Vogel, Referee,
at 302 N. Michigan Ave., Room 7, Plant City, FL 33563 and to James Daniel
Eckert, Respondent, c/o George M. Osborne, Esq., 611 Druid Road East, Ste. 512,
Clearwater, FL 33756-3938 and by regular U. S. Mail to Kenneth Lawrence
Marvin, Staff Counsel, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300,
this /,}- day of October, 20 I O.

&e:<,d7;z;?4
Bar Counsel
() ()
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR, CASE NO. SCIO-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.
----------_/

THE FLORIDA BAR'S FINAL WITNESS LIST

COMES NOW, THE FLORIDA BAR, by and through its undersigned

attorney, and files this, its Final Witness List, as follows:

I. James Daniel Eckeli, Respondent


c/o George M. Osborne, Esq.
611 Druid Road East, Ste. 512
CleaJwater, FL 33756-3938
727/631-7483

Expected to testify regarding all issues in this matter.

2. Robert Camposecco
8747 Bardmoor Place
Apt. I02F
Largo, FL 33777
727/319-4714

Expected to testify regarding all issues in this matter.


C) ()
3. Any and all witnesses listed by Respondent.

Respectfully submitted,

~opn=g
Bar Counsel
The Florida Bar
4200 George J. Bean Pkwy.
Suite 2580
Tampa, Florida 33607
(813) 875-9821
Florida Bar No. 444553

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original of the foregoing Final Witness List
was furnished by regular U.S. Mail to the Honorable Christine K. Vogel, Referee,
at 302 N. Michigan Ave., Room 7, Plant City, FL 33563 and to James Daniel
Eckert, Respondent, c/o George M. Osborne, Esq., 611 Druid Road East, Ste. 512,
Clemwater, FL 33756-3938 and by regular U. S. Mail to Kenneth Lawrence
Marvin, Staff Counsel, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300,
this ):J- day of October, 2010.

• /~~~~
Karen B. Lopez
Bar Counsel
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR,

COMPLAINANT CASE NO. SCI0-1308


TFB NO. 2009-11,071 (6C)
vs.

JAMES DANIEL ECKERT,

Respondent.
/

RESPONDENT'S PRELIMINARY EXHIBIT LIST

Respondent, James D. Eckert, by and through his undersigned

attorney, and files this, his Preliminary Exhibit List as follows:

1. .. All exhibits listed by Complainant.

2. Letter from Donald Spangler, Esquire to Respondent dated


April 16, 2009.

3. Letter from Karen B. Lopez, Esquire, Bar Counsel, to


Respondent dated November 25, 2009 advising of upcoming
Committee's consideration of identified Inquiry/Complaint.

4. All non-privileged documents, papers and things in the


possession or constructive possession of The Florida Bar
relating to Respondent, Robert Camposecco, and this case and
any prior matter involving Respondent.

e rge s orne
Attorney for espondent
611 Druid Road East, Ste. 512
C) ()

Clearwater, FL 33756-3938
Telephone: 727-631-7483
Facsimile: 727-461-2433
Email: georgemosborne@gmail.com
SPN: 18351 FBN: 92597

CERTIFICATE OF SER ICE


o 0~t
I HEREBY CERTIFY that on thib¢7- -
ay of September 2010, the

original of the foregoing Preliminary Exhibit List was furnished by regular

U.S. mail to the Honorable Christine K. Vogel, Referee, at 302 N. Michigan

Avenue, Room 7, Plant City, FL 33563 and to Karen B. Lopez, Bar Counsel,

The Florida Bar, 4200 George J. Bean Parkway, Suite 2580, Tampa, FL

33607 (also by fax 813/872-6853), and to Kenneth Lawrence Marvin, Staff

Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, FL 32399-

2300

rg M. Osborne
Attorney for Respondent
611 Druid Road East, Ste. 512
Clearwater, FL 33756-3938
Telephone: 727-631-7483
Facsimile: 727-461-2433
Email: georgemosborne@gmail.com
SPN: l835/FBN: 92597
, .
.\ ,;
)
C) ()

IN THE SUPREME COURT OF FLORIDA


(Before a Referee)

THE FLORIDA BAR,

COMPLAINANT CASE NO. SC10-130S


TFB NO. 2009-11,071 (6C)
vs.

JAMES DANIEL ECKERT,

Respondent.
--------_-----.:/
RESPONDENT'S PRELIMINARY WITNESS LIST

Respondent, James D. Eckert, by and through his undersigned

attorney, and files this, his Preliminary Witness List as follows:

1. James Daniel Eckert


c/o George M. Osborne, Esquire
611 Druid Road East, Suite 512
Clearwater, FL 33756-3938
727/631-7483

Expected to testify regarding all issues in this matter:

2. Robert Camposecco
8747 Bardmoor Place
Apt. 102F
Largo, FL 33777
727/319-4714
:,
)'-

(!
() ()

Expected to testify regarding all issues in this matter:

3. Leslie P. Franklin, Esquire


447 Third Avenue North #300
St. Petersburg, FL 33301-3245
727/896-9084

Expected to testify to character of Respondent.

4. Any and all witnesses listed by Complainant.

Ge .0 borne
Attorney for espondent
611 Druid Road East, Ste. 512
Clearwater, FL 33756-3938
Telephone: 727-631-7483
Facsimile: 727-461-2433
Email: georgemosbome@gmail.com
SPN: 1835/ FBN: 92597

CERTIFICATE OF SE VICE
'f.
I HEREBY CERTIFY that on thi day of September 2010, the

original of the foregoing Preliminary Witness List was furnished by regular

U.S. mail to the Honorable Christine K. Vogel, Referee, at 302 N. Michigan

Avenue, Room 7, Plant City, FL 33563 and to Karen B. Lopez, Bar Counsel,

The Florida Bar, 4200 George J. Bean Parkway, Suite 2580, Tampa, FL

33607 (also by fax: 813/872-6953), and to Kenneth Lawrence Marvin, Staff


C) ()
.\ "

Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, FL 32399-

2300.

}J~~-R_
~~. Osborne --.
Attorney for Respondent
611 Druid Road East, Ste. 512
Clearwater, FL 33756-3938
Telephone: 727-631-7483
Facsimile: 727-461-2433
Email: georgemosborne@gmail.com
SPN: 1835/FBN: 92597
() (),

IN THE SUPREME COURT OF FLORIDA


(Before a Referee)

THE FLORIDA BAR,

COMPLAINANT CASE NO. SC10-1308


TFB NO. 2009-11,071 (6C)
vs.

JAMES DANIEL ECKERT,


(
Respondent.
_ _ _ _ _ _ _ _ _-----"1

RESPONDENT'S ANSWER
TO FIRST REQUEST FOR ADMISSIONS

Respondent, James D. Eckert, by and through his undersigned

attorney, files this, his Answer to Complainant's First Request for

Admissions as follows:

1. Admitted.

2. Admitted.

-George M. Osborne
Attorney for Respondent
611 Druid Road East, Ste. 512
Clearwater, FL 33756-3938
Telephone: 727-631-7483
Facsimile: 727-461-2433
Email: georgemosborne@gmail.com
SPN: l835/FBN: 92597
() ()

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 2 JAJay of September 2010, the

original of the foregoing Answer to First Request for Admissions was

furnished by regular U.S. mail to the Honorable Christine K. Vogel,

Referee, at 302 N. Michigan Avenue, Room 7, Plant City, FL 33563 and to

Karen B. Lopez, Bar Counsel, The Florida Bar, 4200 George J. Bean

Parkway, Suite 2580, Tampa, FL 33607 (also by fax 813/872-6853), and to

Kenneth Lawrence Marvin, Staff Counsel, The Florida Bar, 651 E. Jefferson

Street, Tallahassee, FL 32399-2300.

~~
~ M.Osborne
Attorney for Respondent
611 Druid Road East, Ste. 512
Clearwater, FL 33756-3938
Telephone: 727-631-7483
Facsimile: 727-461-2433
Email: georgemosborne@gmail.com
SPN: 1835/ FBN: 92597
() ()
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR, CASE NO. SCIO-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT, ,

Respondent.
----------_-:/
THE FLORIDA BAR'S PRELIMINARY EXHIBIT LIST

COMES NOW, THE FLORIDA BAR, by and through its undersigned

attorney, and files this, its Preliminary Exhibit List, as follows:

1. Letter from Respondent to Mr. Camposecco dated 7/9/09. (PUB 071 S

0006)

2. Letter from Complainant to Mr. Camposecco dated 7/13/09. (PUB

071 G 0002)

3. Letter from Respondent to Dr. Alfred Bonati dated 5/16/07.

4. Admission of Minor Misconduct, The Florida Bar Case No. 2007-

11,711 (6D).

5. Report of Minor Misconduct, The Florida Bar Case No. 2007-11,711

(6D).
C) ()
6. Any and all Exhibits listed by Respondent.

Respectfully submitted,

ren B. Lopez
ar Counsel
The Florida Bar
4200 George J. Bean Pkwy.
Suite 2580
Tampa, Florida 33607
(813) 875-9821
Florida Bar No. 444553

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original of the foregoing Preliminary


Exhibit List was furnished by regular U.S. Mail to the Honorable Christine K.
Vogel, Referee, at 302 N. Michigan Ave., Room 7, Plant City, FL 33563 and to
James Daniel Eckert, Respondent, c/o George M. Osborne, Esq., 611 Druid Road
East, Ste. 512, Clearwater, FL 33756-3938 and by regular U. S. Mail to Kenneth
Lawrence Marvin, Staff Counsel, 651 E. Jefferson Street, Tallahassee, Florida
32399-2300, this,L2 day of September, 20 I O.

.
. . ~/?L9=
~ren B. Lopez
Bar Counsel
()
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR, CASE NO. SCIO-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.
_ _ _ _ _ _ _ _ _--:1

THE FLORIDA BAR'S PRELIMINARY WITNESS LIST

COMES NOW, THE FLORIDA BAR, by and through its undersigned

attorney, and files this, its Witness List, as follows:

1. James Daniel Eckert, Respondent


clo George M. Osborne, Esq.
611 Druid Road East, Ste. 512
Clearwater, FL 33756-3938
727/631-7483

Expected to testify regarding all issues in this matter.

2. Robert Camposecco
8747 Bardmoor Place
Apt. I02F
Largo, FL 33777
727/319-4714

Expected to testify regarding all issues in this matter.

3. Any and all witnesses listed by Respondent.


() ()
Respectfully submitted,

~o'~
Bar Counsel
The Florida Bar
4200 George J. Bean Pkwy.
Suite 2580
Tampa, Florida 33607
(813) 875-9821
Florida Bar No. 444553

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original of the foregoing Preliminary


Witness List was furnished by regular U.S. Mail to the Honorable Christine K.
Vogel, Referee, at 302 N. Michigan Ave., Room 7, Plant City, FL 33563 and to
James Daniel Eckert, Respondent, c/o George M. Osborne, Esq., 611 Druid Road
East, Ste. 512, Clearwater, FL 33756-3938 and by regular U. S. Mail to Kenneth
Lawrence Marvin, Staff Counsel, 651 E. Jefferson Street, Tallahassee, Florida
32399-2300, this /2 day of September, 2010.

~,,~
Bar Counsel
C) C)
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR, CASE NO. SCIO-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.
---------_-..:/
FIRST REQUEST FOR ADMISSIONS

Comes now the Complainant, THE FLORIDA BAR, and requests James

Daniel Eckert, Respondent, pursuant to Rule 1.370 of the Florida Rules of Civil

Procedure, and hereby requests that you admit for purposes of this action the truth

of the facts set forth herein.

Should you fail to respond to this Request for Admissions within the time

limits provided by The Florida Rules of Civil Procedure, the matters shall be

deemed admitted.

You are requested to admit the truth of the following:

1. You wrote the attached letter, identified as PUB 071 S 0006 and

attached as Exhibit A to The Florida Bar's Complaint.

2. Admit that you caused the above identified correspondence to be sent


C) ()
to Mr. Camposecco on or about July 9, 2009.

Respectfully submitted,

~~
Karen B. Lopez
Bar Counsel
The Florida Bar
4200 George J. Bean Pkwy.
Suite 2580
Tampa, Florida 33607
(813) 875-9821
Florida Bar No. 444553

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original of the foregoing First Request for
Admissions was furnished by regular U.S. Mail to the Honorable Christine K.
Vogel, Referee, at 302 N. Michigan Ave., Room 7, Plant City, FL 33563 and to
James Daniel Eckert, Respondent, c/o George M. Osborne, Esq., 611 Druid Road
East, Ste. 512, Clearwater, FL 33756-3938 and by regular U. S. Mail to Kenneth
Lawrence Marvin, Staff Counsel, 651 E. Jefferson Street, Tallahassee, Florida
32399-2300, this /? day of September, 2010.

. /~~
~ren B. Lopez
Bar Counsel
-84072
JUL-10-2009 04:56 It '3ECCO 7273984072' ( ) , ro: 18138726953
"

i
);
. t \: ~
.JULY 9, 2009 l' ~

:7~7~::~;::::~~;CO I;'~:;
Ani.
LARGO, F,L 33777 ::
__ .1.- ,. ---"'--'-., --' '::,
DEAR M~. CAMPOSECCO, ;" "
YOU ~VE FILED A BASE....!SS COMPLAINT AGAINST ME WITH T~l!:~' ,
FLORIDA;,BAR, CHARGING ME, AMOMG OTHeR THINGS WITH BRIBERf ~"'D , "
EXTORTtoN. ' I: " ,
THIS: LETTER THEN, IS TO PUT YOU ON 'NOTICE, THAT UNLESS (; ::' " "
WITHD~W SUCH CHARGES, PLUS ISSUE A I.lne!! OF APOLOGY, WitkiN';;
DAYS i'R~M JULY 10,2009, WHCH IS THE STATUTORY TIME,YOliWI~G"IiI' ,,' ..
SUED FOR DEFAMATION OF CHARACTER, AMONG OTHER MAnERS, U,D ~ :it
YOU WILL BE HELD RESPONDSIBLE FOR ALL DAMAGES. " ",
, PLEJ,.SE COMSULT WITH AN ATTORNEY OF YOUR OWN CHOOS'..i~:~
l
ABOUT'I'ftESE MATTERS, BUT I HEREBY ADVISE YOU THAT MR. PHlij !i::
MCLEOD,;eSQ. 'WILL BE CALLED AS A WITNESS BY MY ATTORNEY. i!I!~
PU!~SE BE GOVERNED ACCORDINGLY. i', 'i
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Exhibit A
t)()

IN THE SUPREME COURT OF FLORIDA


(Before a Referee)

THE FLORIDA BAR, CASE NO. SCI0-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.
--------------'/
NOTICE OF FINAL HEARING

TO: James Daniel Eckert


c/o George M. Osborne, Esq.
611 Druid Road East, Ste. 512
Clearwater, FL 33756-3938

DATE OF HEARING: December 10, 2010

TIME: 10:00 a.m.

PLACE: 302 N. Michigan Ave.


Courtroom P-l
Plant City, FL 33563

BEFORE: Honorable Christine K. Vogel

TIME RESERVED: 6 hours

PURPOSE: Final Hearing

YOU WILL PLEASE TAKE NOTICE that this cause will come on before
the Honorable Christine K. Vogel, duly appointed Referee, at the time and place
above mentioned.
()()

PLEASE GOVERN YOURSELF ACCORDINGLY.

~~ Bar Counsel
The Florida Bar
4200 George 1. Bean Pkwy.
Suite 2580
Tampa, Florida 33607
(813) 875-9821
Florida Bar No. 444553

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original of the foregoing Notice of Final


Hearing was furnished by regular U.S. Mail to the Honorable Christine K. Vogel,
Referee, at 302 N. Michigan Ave., Room 7, Plant City, FL 33563 and to James
Daniel Eckert, Respondent, c/o George M. Osborne, Esq., 611 Druid Road East,
Ste. 512, Clearwater, FL 33756-3938 and by regular U. S. Mail to Kenneth
Lawrence Marvin, Staff Counsel, 651 E. Jefferson Street, Tallahassee, Florida
32399-2300, thi&5'0 day of August, 2010.

~/3~
Karen B. L o p e z ' "
Bar Counsel

cc: Clark Reporting Service, via email

"""If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain assistance. Within two (2) working days of your receipt of
this Notice of Final Hearing, please call The Florida Bar at 813-875-9821.
() o
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR, CASE NO. SCIO-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.
---------_.......:/

CASE MANAGEMENT ORDER

THIS COURT having conducted a Case Management Conference on August

26,2010 and the Court being otherwise fully advised in the premises, it is

ORDERED that:

1. Venue shall lie in Hillsborough County.

2. The final hearing shall be bifurcated into two parts:

a. Part One shall be the final hearing to determine liability;

b. Part Two, if necessary, shall involve sanctions to be imposed.

3. j ; "j. -1--1 ()V ~S have been reserved for the Final Hearing in

this matter. Proceedings shall begin at 9:00 a.m. each day unless otherwise

ordered by the Court.

1
() ()

4. The hearing shall be held in the Plant City Courthouse, 302 N.

Michigan Ave., Courtroom P-I, Plant City, FL 33563.

5. Part One shall commence at If} :00 a.m. on _b_E._t!_-_;:_O--.!./_ _20 IO.

6. Part Two, if necessary, shall commence as further ordered by the

Court.

7. The parties will file with the Court and exchange a preliminary non

expert witness list no later than 2!P1


_-=------.:.2=------.:,<J , 2010. The preliminary non

expert witness list shaH include the name, address and phone number of any person

intended to be caHed to testify in this matter in either part one or part two. In

addition, the witness list will contain a short summary afthe expected testimony of

each witness.

8. The parties will file with the Court and exchange a preliminary exhibit

list no later than "'£PI ).1 ,2010. The parties shall provide each other

with a copy ofthe actual exhibits along with the preliminary exhibit list and shall

include any exhibit intended to be offered in part one or part two. All exhibits

shall be clearly marked as preliminary exhibits. The parties shall not file the

copies of the exhibits with the Court.

9. The parties shaH identify any expert witness it intends to call as a

witness no later than ')coT 2..5 ,2010. If any party identifies an expert

witness, the opposing party shall be provided a written summary of the witness'
2
() ()

qualifications, a written description of the field of expertise for which the witness

will be offered, and a detailed written report by the expert, including the opinion to

be offered and the basis for such opinion. These written submissions shall be

provided to opposing counsel no later than Dcr. L 6 ,2010.

10. In the event a party identifies an expert witness, the opposing party

shall have until N'D" -5 , 2010, to identify an expert witness who may testify

only about the subject of the opinion provided by expert previously identified by

the opposing party. If any party identifies a subsequent expert witness, the

opposing party shall be provided a written summary of the witness' qualifications,

and a detailed written report by the expert including the opinion to be offered and

the basis for such opinion. These written submissions shall be provided to

opposing counsel no later than !JOY 'F.:' ,2010.

11. The parties will file with the Court and exchange a final exhibit list

and a final witness list, no later than No'll I ~ ,2010. The final exhibit list,
exhibits, and witness list shall be received by opposing parties no later than the

close of business on tIo" I r- ,2010. The parties shall not file the copies of

the exhibits with the Court. All exhibits shall be clearly marked as final exhibits.

The final exhibit list and final witness list shall identify witnesses and exhibits

intended to be offered in either part one or part two. All exhibits shall have been

previously provided to opposing parties in a timely manner in order to provide an


3
() ()

opportunity for fair discovery. All witnesses shall have been previously disclosed

to opposing parties in a timely manner in order to provide an opportunity for fair

discovery. In the event additional exhibits are necessary in relation to an expert

witness report pursuant to paragraph 9 of this order, they may be identified and

provided to opposing counsel no later than rJDv (d- ,2010.

12. The parties shall confer with each other no later than Nov /9 ,
2010, regarding possible stipulation for admissibility of exhibits. The parties may

confer by telephone.

13. All subpoenas must be submitted to the Court for issuance and shall

be simultaneously served on the opposing party, when submitted to the Court.

14. All discovery shall be completed no later than PeL- 3 ,2010,

except by order by the Court or stipulation of the parties. Notwithstanding, the

deposition of any expert identified in paragraph 9 of this order may be taken any

reasonable time prior to final hearing.

15. All motions shall be filed and heard no later than D&Q. 3
2010.

16. Any memorandum of law, motion in limine, trial brief or other

pleading in relation, to Part One shall be filed and received by opposing counsel no

later than!'bv / q ,2010. Responses to any such pleading may be filed no

later than Nov d- 9 ,2010.


4
o ()-/

17. The time limits provided in this Order may be extended by further

order of the Court or stipulation of the parties.

18. The parties will be bound in all particulars by this Order.

19. Failure of counsel to comply with this Order shall subject counsel to

such sanctions as the Court shall determine to be just and proper under the

circumstances.

20. The above stated requirements, limitations and deadlines do not apply to

any part 2 proceedings that may become necessary for the recommendation of

Sanctions in the Disciplinary matter that is before the Court.

21. A pretrtal shall be held iIi this matter on , 2010 at

c. in chambers.

DONE AND ORDERED this ~ b day of--,--",--,-",,'-1I-"-'--"--''--'

The Honorable Christine K. Vogel, Refe e

conformed copies to:

Karen B. Lopez, Bar Counsel, The Florida Bar


James Daniel Eckert, Respondent, c/o George M. Osborne, Esq.
Kenneth Lawrence Marvin, Staff Counsel, The Florida Bar

5
cO) ()

IN TIm SUPREME COURT OF FLORIDA


(&foro a Refe.w:ee)

lHE FLORlJ:·)A BAR,

COlhlPLAINANT CASE NO.


TFB NO. 2009-11,071 (6C)
V$.

JAMES DA~1llEL ECKERT,

--- ---------:/
ANSWER TO COMPLAINT

ReslHndent, James D. Eckert, answers The Complaint filed against him by The

Florida Bar, ~ follows;

L Admitted.

2. Admitted.

3. Admitted, and t1JrtheJ: answered that the Inquity/Complltinl was .fillse and

wrongfully impugned Respondent's integrity, and was withdrawn by him,

Robert Camposecco while the post-dissolution matter was pending for

l'tlasons other than, are at least in addition to, his receipt ofthe·lener

identified in paragraph 4 oftbe subject complltint. Further, before he

withdrew his Complaint, Mr. Camposecoo was advised by The Florida Bar

in substance that he could not suffer civil liability for having made a

complaint, and he communicated this information to Re5pQndent who

accepted it as true, and, ofcow:se, took no action against Camposecco

although he did not then know that unqualified immunity had been

decided by The Supreme Court ofFlorida. It submitted that it is fair to


() ()

, note that none ofthe 100 plus cases cited under Rule 4-S.4(d) involve a

holding that the "administration ofjustice" 8$ used and intended in the

Rule i'l operative when an Inquiry/Complaint has been filed, and your

Respondent's undersigned attorney has found no case that establishes such

a Rule, and respectfully suggests that the plain meaning and intent ofthe

Rule does not appear to include the concept that the administration of

, justice is at work. initially when an mquity/Coroplaint has been filed.

Respondent also respectfully observes that after C~ withd~ bis

Complaint, his attomey did not proceed on his motion to withdraw from

representation, but stayed in the case which proceeded without incident to

final hearing on the merits and Cmnposecco V\lDlI denied the reliefhe

sought.

4. The letter is admitted, and Respondent says further that had he known that

unqualified hnmunity protected even a wrong-headed or improperly

motivated Inquiry/Complaint he would never have even considered suit,

much less written a demand for retraction and apology.

5. Admitted as stated, but the withdrawal was not caused by, and could not

have logically been alused by, Respondent's subject letter because he had

been advised that he was immune.

6. Admitted.

7. Respondent denies any implication or inference that he knowingly or with

reckless indifference, indeed, with any i.o.diffetence. took action that was

contrlfly to proper pr.u;tice and inconsistent with the highest aspirations of


o C)

the profession. However, Respondent lUISWClS furtb.er that he certainly

knoWll it is fundamental that a lawyer should not 1JJreaten an action which

he knoWll cannot be effective as a matter offact or oflaw, and, ifas a

! IJllI1.1er of law the Court detemdnes that he should have known about the
. principle of unqualified imm\Ulity, then he WlW not simply in wor but

would be in the wrong to send the lel:tCf, and if it is also detennined that

the Rule is operative at the stage ofan Inquixy/Complaint,. then he is


..
. subject; to discipline.

ADDITONAL RESPONSE

8. . Respondent regrets his ignorance ofunqualified immumty, and wishes that

he kn ~w it had been detennined. He respectfully observes that he believes many

Iawy.~:tll are not aware of it, and having served as chair of the Pinellas County

grievil!ll¢e committee for three years, and as a ten year member ofa committee of

the S~; Petersburg Bar Association to long ago deal with grievance matters,

resptkl1fu1Jy relate that the idea and issue never arose. He believes the

JnqlljuY/Complaint was not only wjust, but was improperly motivated as a tactic

in hlJ;:case and by his animosity toward his former wife and his aversion to paying

CEJmFlCATE OF SERVIa
I HE:IlEBY CERTIFY that on this 1st day of August 2010, a copy hereofhas been

fuxnished by U.S. :mail to Karen B. Lopez, Bar Counsel, The Florida Bar, 4200 George J.
Bean Parkw.IY, Suite 2580, Tampa, FL 33607, and to Kenneth Lawrence Marvin, Staff

.,
· ,
() C)
\.,.

Counsel, TIt!:; Florida Bar, 651 E. Jeffutson Street, T8nubas~ FL 32399-2300.


II
\
I
rge . sOOrne
Attorn fo Respondent
611 Dmi oad East, Ste. 512
Clearwater, FL 33756-3938
Telephone: 727-631-7483
Facsimile: 727-461-2433
Email: georgemosborne@gmail.CODi
SPN: 1835/ F.8:N; 92597
t) ~)
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR, CASE NO. SC1O-1308


TFB NO. 2009-11,071 (6C)
Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.
---------_-:/

NOTICE OF HEARING

TO: James Daniel Eckert

DATE OF HEARING: August 26, 2010

TIME: 2:30 p.rn.

PLACE: 302 N. Michigan Ave.


Courtroom P-1
Plant City, FL 33563

BEFORE: Honorable Christine K. Vogel

TIME RESERVED: 30 minutes

PURPOSE: Case Management Conference

YOU WILL PLEASE TAKE NOTICE that this cause will come on before
the Honorable Christine K. Vogel, duly appointed Referee, at the time and place
above mentioned.

PLEASE GOVERN YOURSELF ACCORDINGLY.


#=T aren B. Lopez ~~
Bar Counsel
The Florida Bar
4200 George J. Bean Pkwy.
Suite 2580
Tampa, Florida 33607
(813) 875-9821
Florida Bar No. 444553

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original of the foregoing Notice of Hearing


was furnished by regular U.S. Mail to the Honorable Christine K. Vogel, Referee,
at 302 N. Michigan Ave., Room 7, Plant City, FL 33563 and to James Daniel
Eckert, Respondent, clo George M. Osborne, Esq., 611 Druid Road East, Ste. 512,
Clearwater, FL 33756-3938 and by regular U. S. Mail to Kenneth Lawrence
Marvin, Staff Counsel, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300,
this 22 day of July, 2010.

Bar Counsel

cc: Clark Reporting Service (via email)

"'Ifyou are a person with a disability who needs any acconunodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain assistance. Within two (2) working days of your receipt of
this Notice ofHearing, please call The Florida Bar at 813-875-9821.
() (J

IN THE THIRTEENTH JUDICIAL CIRCUIT


HILLSBOROUGH COUNTY, FLORIDA

ADMINISTRATIVE ORDER A·2010.060

APPOINTMENT QF THE HONORABLE CHRISTINE K. VOGEL


AS REFEREE IN BAR DISCIPLINARY ACTION

The Chief Justice of the Florida Supreme Court of Florida has designated the chief
judge of this circuit to appoint a referee to preside in a disciplinary action brought by The
Florida Bar under Chapter 3 of the Rules Regulating The Florida Bar. By the power
vested in the chief judge under Florida Rule of Judicial Administration 2.215(b)(2), the
Honorable Christine K. Vogel is appointed as referee in the matter of: The Florida Bar v.
Daniel James Eckert, Supreme Court Case Number SClO-1290.

The Honorable Christine K. Vogel, as referee, is vested with all the powers and
prerogatives conferred by the Constitution, laws of the State of Florida, and the Rules
Regulating the Florida Bar, concerning a referee for the Supreme Court of Florida in this
matter.

Online resources are available for judges serving as referees in proceedings


involving disciplinary action against attorneys, and the unlicensed practice of law. The
resources offered at http://www.f1courts.org/gen public/courtedlbar-referee.shtml
provide detailed information on the role of a Bar Referee in each of these proceedings
and should be reviewed prior to handling this case.

It is ORDERED in Tampa, Hillsborough County, Florida, on this JS~ay of


July, 2010.

~ · .. .. <as -\-- 4'(\=:


4:q:

Manuel Menendez, Jr., Chief Judge

Original to: Thomas D. Hall, Clerk, Supreme Court


Copies to: The Honorable Christine K. Vogel
Kenneth Lawrence Marvin, Bar Staff Counsel
James Daniel Eckert, Respondent
Karen B. Lopez, Bar Counsel
Andrew B. Sasso, Designated Reviewer
Please note: The address for the Honorable Christine K. Vogel is:
302 N. Michigan Ave., Room pol
Plant City, Florida 33563
C)
"

6uprtmt QCourt
WHEREAS, it officially has been made known to me that it is necessary to

appoint·a referee for the Court pursuant to rule 3-7.6(a), Rules Regulating the Florida

Bar, to preside in a disciplinary action brought by The Florida Bar pursuant to Chapter

3 of the Rules Regulating the Florida Bar in the matter of:

The Florida Bar vs. James Daniel Eckert,


Supreme Court Case No. SCIO-1308

NOW, THEREFORE, I, Charles T. Canady, under authority vested in me as

Chief Justice of the Supreme Court of Florida, do hereby designate the Honorable

Manuel Menendez, Jr., Chief Judge ofthe Thirteenth Judicial Circuit Court ofFlorida,

to appoint a referee for the Court in the above matter and, within fourteen days ofthis

order, to notify the Clerk of the Florida Supreme Court and the parties as to the judge

appointed as referee. The referee shall conduct a case management conference, to be

held no later than sixty days from the date of appointment, at which the schedule for

the proceedings, including the final hearing date, shall be set. The referee shall have

the option of holding the required case management conference either in person or

telephonically. The referee shall thereafter hear, conduct, try, and determine the

matters presented at the final hearing, and submit findings of fact and

recommendations to the Supreme Court of Florida as provided in rule 3-7.6(m).


C) ()
Case No. SClO-B08
Page Two

Pursuant to rule 3-7.6(m)(l), any order by the referee regarding disposition ofthe case

shall be merely a recommendation to this Court. Such an order shall not dispose ofthe

proceedings. This Court shall review and, if appropriate, approve the referee's

recommended disposition order.

Except in cases where the ninety (90) day time limit provided by rule 3-S.2(f)

applies, the referee's report shall be filed within 180 days of his or her appointment,

unless there are substantial reasons requiring delay.

DONE AND ORDERED at Tallahassee, Florida, on July 12,2010.

a,-r~
~HIEF JUSTICE
SUPREME COURT OF FLORIDA
() ()

~uprtmt <!Court of jflortba


Office of the Clerk
500 South Duval Street
Tallahassee, Florida 32399-1927
THOMAS D. HALL PHONE NUMBER (850) 488-0125
CLERK www,floridasupremecourt,org
TANYA CARROLL
CHIEF' DEPUTY CLERK
GREGORY J, PHILO
STAFF ATrORNEY

ACKNOWLEDGMENT OF NEW CASE

July 12,2010

RE: THE FLORIDA BAR vs. JAMES DANIEL ECKERT

CASE NUMBER: SC10-1308


Lower Tribunal Case Number(s): 2009-ll,071(6C)

The Florida Supreme Court has received the following documents reflecting a filing
date of 7/7/2010.

Complaint (Original and 1 copy)

The Florida Supreme Court's case number must be utilized on all pleadings and
correspondence filed in this cause. Moreover, ALL PLEADINGS SIGNED BY AN
ATTORNEY MUST INCLUDE THE ATTORNEY'S FLORIDA BAR NUMBER.

FOR GENERAL FILING INFORMATION AND ADMINISTRATIVE ORDER


NO. AOSC04-84, PLEASE VISIT THE CLERK'S OFFICE WEBSITE AT
http://www.f1oridasupremecourt.org/c1erk/index.shtml

sm
cc:
KENNETH LAWRENCE MARVIN
ANDREW BLAISE SASSO
KAREN BOROUGHS LOPEZ
JAMES DANIEL ECKERT
() ()
IN THE SUPREME COURT OF FLORIDA
(Before a Referee)

THE FLORIDA BAR, CASE NO.

Complainant, TFB NO. 2009-11,071 (6C)


v.

JAMES DANIEL ECKERT,

Respondent.
-------------'/

COMPLAINT

THE FLORIDA BAR, Complainant, files this Complaint against James

Daniel Eckert, Respondent, pursuant to Rule 3-3.2(b), Rules Regulating The

Florida Bar, and alleges:

I. Respondent is, and at all times mentioned herein was, a member of

The Florida Bar, subject to the jurisdiction of the Supreme Court of Florida.

2. Respondent represented Jean Camposecco in post dissolution of

marriage proceedings.

3. While the case was pending, the opposing party, Robert Camposecco,

filed an Inquiry/Complaint against Respondent with The Florida Bar.

4. On or about July 9, 2009, Respondent wrote a letter to Camposecco

threatening to sue Camposecco for defamation and damages unless he withdrew

his Bar complaint and issued a letter of apology within five days. A copy of
() ()
Respondent's letter dated July 9, 2009 is attached hereto as Exhibit A.

5. On or about July 13,2009, Camposecco withdrew his Bar complaint.

A copy of Camposecco's July 13,2009 withdrawal letter is attached hereto as

Exhibit B.

6. Oi1December 30,2009, tfieSixth Judicial CirclliTdfj''''ev=a=n=c=e~==~'' -------

Committee "C" found probable cause for further disciplinary proceedings, and the

presiding member of the grievance committee has approved the instant complaint.

7. By reason of the foregoing, the Respondent has violated the following

Rules Regulating The Florida Bar: Rule 4-8.4(d) (a lawyer shall not engage in

conduct in connection with the practice of law that is prejudicial to the

administration ofjustice).

WHEREFORE, The Florida Bar respectfully requests that the

Respondent be appropriately disciplined.

Kenneth Lawrence Marvin reJJB. Lope~~


Staff Counsel Bar Counsel
The Florida Bar The Florida Bar
651 E. Jefferson Street 4200 George J. Bean Pkwy.
Tallahassee, Florida 32399-2300 Suite 2580
(850) 561-5600 Tampa, Florida 33607
Florida Bar No. 200999 (813)875-9821
Florida Bar No. 444553

2
()
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original of this Complaint has been


furnished by regular U. S. mail to The Honorable Thomas D. HaIl, Clerk, the
Supreme Court of Florida, 500 South Duval Street, Tallahassee, Florida 32399-
1925; a true and correct copy by U.S. certified mail No. 70092250 0001 4002
6738, Return Receipt Requested, and by regular U.S. mail to James Daniel
Eckert, Esq.,Respondent, at his record Bar address of Eckert Law Firm, 447 3rd ...
Ave. N., . Suite 304, sf. Petersburg, FL 337()1~3245; a copy to KareiiB. Lopez, -
Bar Counsel, The Florida Bar, 4200 George J. Bean Pkwy., Suite 2580, Tampa,
Florida 33607; and a copy to Andrew B. Sasso, Designated Reviewer, at 2600
McCormick Drive, Suite 240, Clearwater Florida 33759-1031; all this loth
day
of JII\j ,2010.

Kenneth Lawrence Marvin


Staff COUi1sei

NOTICE OF TRIAL COUNSEL

PLEASE TAKE NOTICE that the trial counsel in this matter is Karen B.
Lopez, Bar Counsel, whose address is The Florida Bar, 4200 George J. Bean
Pkwy., Suite 2580, Tampa, Florida 33607. Respondent need not address
pleadings, correspondence, etc. in this matter to anyone other than trial counsel and
to Staff Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, Florida
32399-2300.

,)
"
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3
JUL-10-2009 04:56
72) .84072
FROM:80(.1 SECCO 7273984072 CJ roo 18136726953 P.l
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.JULY 9, 2009 .. "
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MR. RO~~RT CAMPOSECCO 1 ,J


8747 BAil,' DMOOR PLAce " ,
APT 10211' 'I ~:
LARGO, F,L 3 3 7 7 7 "

DeA:o~if:::~::C::~SE:~S~ C OMPLAINT AGAINST ME WITH


FLORIDA1B.AR, CHARGING ME, AMONG OTHER THINGS WITH BRIBERT:; ~~D
Tj~:~,
EXTORTION. " , >, "
THIS; LETTER THEN, IS TO PUT YOU ON 'NOTICE, THAT UNl.eSS i: :;' " "
WITHD~W SUCH CHARGeS, PLUS ISSUE A LETTER OF APOLOGY, W~irl'IN'$: "
DAYS FIlQM JULY 10, 2009, WHCH IS THE STATUTORY TIME, YOU WI;';'~'B' "',
SUED FO~ DEFAMATION OF CHARACTER, AMONG OTHER MATTERS, ijt.~D ';
YOU WIL" BE HELD RESPONDSIBLE FOR ALL DAMAGES. "r-"
, PL~se CONSULT WITH AN ATTORNEY OF YOUR OWN CHOOSI~:~ ,
ABOUT TliESE MATTERS, BUT I HIERIilBY ADVISE YOU THAT MR. PHI~ It:.:
MCLEOD,';eSQ. 'WILL BE CALLED AS A WITNEss BY MY ATTORNEY. II!" "
PLl!~se
"'
BE GOVERNED ACCORDINGLY. i',1 ';,
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PUB 071 S 0006


'I

Exhibit A
a. 009-1/, 0 7/ ( {;, j))
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July 13, 2009 '",
,--_._---------~
'"
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--<
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-
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MrEckerl ""'"
After further thought and cODSjde~tion,I have decid~ not to
pursue lIlY complaint against yon with the Florida Bar.
At this time of my life the~ are ~ucb more important things to
take care ofand sb little time left to do it all.
.,
~....

~.
Sa, ance again, 'consider this matter closed as far as I'm concerned.
Perhaps you should consider closing the debt matter against me a~ well
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.()

POSSIBLE VENUE

The Florida Bar v. James Daniel Eckert

TFB File No. 2009-11,071 (6C)

I. Residence: Unknown County


2. Offense: Pinellas County
3. Office: Pinellas County

OTHER PENDING CASES


(IF NONE, PLEASE INDICATE BY WRITING NONE)

Case Number File Number Referee

None

NOTICE OF RELATED CASES (other respondents)

Respondent Case Number File Number Referee

None

TRIAL TIME: I day


\] ()
. IN THE SUPREME COURT OF FLORIDA
(Before a Grievance Comm ittee)

THE FLORIDA BAR, TFB No. 2009-11,071 (6C)


Complainant,

v.

JAMES DANIEL ECKERT,


Respondent.
~~-----------_./

NOTICE OF FINDING OF PROBABLE CAUSE FOR


FURTHER DISCIPLINARY PROCEEDINGS

TO: James Daniel Eckert Certified Mail Return Receipt.


Eckert Law Firm No. 70090820000064186470
447 3rd Ave. N. Suite 304
St. Petersburg, FL 33701-3245

You are hereby notified that the Sixth Judicial Circuit Grievance Committee "C", on the 15 TH day
of December, 2009, found probable cause for the violation of the following rule:

Rule 4-8.4(d) (Engage in conduct in connection with the practice of law that is prejudicial to the
administration of justice).

The record of proceedings before the Grievance Committee has been referred to the undersigned
staff lawyer for the drafting and filing of a formal complaint pursuant to Rule 3-7.4(1).

Dated thisJ b day of December, 2009.

ar B. Lopez
Counsel
The Florida Bar
4200 George J. Bean Parkway, Suite 2580
Tampa, FL 33607
(813) 875-9821
Florida Bar No. 444553

cc: Director of Lawyer Regulation


Jennifer A. Ficarrotta, Esq., Chair
Andrew B. Sasso, Designated Reviewer
John Davis Fernandez, Esq., Investigating Member
Robert Camposecco, Complainant
Linda Lyman, Branch Office Manager •

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