Florida Bar v Eckert File

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6-11-09

Dear Mr Vanstrum

I amwriting to re-open a case against MrJames 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 m y case. He was upset for doing it withouttelling 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 definiteconflict tof interest with him and Eckert.

I feel I was not free to do what I should have done for fear of myattorney 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 beinvestia

/ ¥

Very truly yours (j

Robert Camposecco



o



THE FLORIDA BAR

JOHN F. HARKNESS, JR.EXECUTIVEDIRECTOR

651 EAST JEFFERSON STREET

TALLAHASSEE, FLORIDA 32399-2300 (850) 561-5600 WWW.FLABAR.OR

June 22, 2009

Mr. James Daniel EckertEckert 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 forconsideration. You may expect to hear from Bar Counsel (in that office) in the near future.

Sincerely,

Donald M Spangler, Bar Counsel

Attorney Consumer Assistance ProgramACAP Hotline 866-352-0707

Encl: Letter of June 11, 2009

cc: Mr. Robert Camposecco, w/o encl.



PERSONAL - FOR ADDRESSEE ONLY Mr. James Daniel EckertEckert Law Firm





Mr. Robert Camposecco8747 Bardmoor Place, Apt. 1

Largo, FL 33777



The Florida Bar

Inquiry/Complaint Form

fHE FLORIDA BAf*

M A R 0 4 2 0 0 8

Mr. Robert Camposecco8747 Bardmoor Place, Apt. 102FLargo, FL 33777

PART O NE: (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 aboutare:-

1--

T o Ji iW|te. fK/

76

PART THREE: The witnesses in support of my allegations are: [see attached sheet].

bs. < V L * J u i v 1 > t e . N f e -fht fwegr * * s Q i y A t / Q Q ^ e3LW

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

Return Comp leted Form to:Attorney/Consumer Assistance ProgramThe Florida Bar651 East Jefferson StreetTallahassee, FL 32399-2300Toll Free - 866-352-0707

Si; Date



Page 1of 1

Subj: RE: caseDate: 2/25/2009 9:33:44 A.M. Eastern Standard TimeFrom: mcleodpa@hotmail com

fas80(®ac

TV*

Bob, I did not put it in the letter but heclaims unless you drop the DVI she hasnumerous emaf

from you asking her to get you plls illegally. Just FYI as do not care nor does it deserve a

>nse. see attached.

U )

From: [email protected]

Date: Fri, 20 Feb 2009 01:09:56 -0500

Subject: MCLEOD-URGENT

To: [email protected]

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 shewill kill me if I talk to her motheragain.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 ofprotection. This is the third time she has come to my home uninvited and caused ascene. I am afraid of what might happen if she continues to invade my privacy at home.Karen is deathly afraid and fears for hersafety.CAN YOU CALL SOMEONE AT THE CLERK'S OFFICE TO HELP ME?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, Iwant her ass in court before a judge.Her 45 days are LONG overdue.Do youknow 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 littleuncomfortable 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 withAOL Personals.

Saturday, February 28,2009 AOL:FAS80



P H I L I P A. M C L E O D ,P.A.Attorney at Law

540 Fourth Street North

St. Petersburg, Florida 33701

Ph.: 727-823-2527 •Fax: 727-823-4622

[email protected]

February 25,2009

James D. Eckert, Esq.

447 3"1Avenue North, #304

St. Petersburg, Florida 33701

Re: Jean Camposecco vs. Robert Camposecco

CaseNo. 02-3lll-FD-24

Dear Jim:

Pursuant to our meeting here todayyouwill haveher financial affidavit notarized and filed (the

copy provided wasneither) andprovide her 12.285 informationand 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 maydiscuss the case, his

jncqmeand the DVI if youmakeanappearance in it as I will not attendhis deposition at this

/timeflfThe additional issues regrading their relationship, emails about pills etc. areoff 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. Thankingyou inadvance, I remain

Very

Philip A McLeod

PA Mcc:Bob Camposecco



I want to respond to Mr. Camposecco's complaint against me.

facts

land

istait

First,!want tp

she has a bunch

Mr.Camposeccc

threaten Mr. MIapparently had

hard feelings

them.

I sincerely b

version of the

Mr. McLeod

employee to

anything.

I amenclosin

exception to his

withdrawing besaid in the voice

to withdraw and

That having

further inquiries

Further for y

told me if I had

on a post it and

Mr. Mcleod

present which I

say that my client,Jean Camposecco,wanted me to tell Mr. McLeod that

of emails back and forth, that deal with the relationship of

and her. I simply told Mr. McLeod what she told me,and I did not

Leod or his client about anything and never would. These folksvery acrimonies divorce previously( was not involved)both had very

rei|naining,as the case lasted a long period of time,according to both of

which the court reporter

March 20,2009

2 0 0 9

lieve that Philip McLeod,Esq. will not agree to Mr Camposecco's

against me. I did not ever threaten his client, and since I have known

his late father,William J McLeod a long time (I was his father's

and later his partner until he died) I would never threaten Philip with

a copy of the Motion to Withdraw filed by Mr. McLeod, who took

client filing a complaint against me, and left me a voicemail he was

;ause of the Complaint against me,which he did not know about, and hemail to me,that "I have had enough of this case, and I am filing a motion

sending my client a consent to withdrawal.'

tfeen said,I amwilling to answer any and all questions, and respond to any

, as I did not commit any ethical violations whatsoever,

ur information, and you can verify this with Mr. McLeod, Mr. McLeod

any questions about the case,I should call his client, and put his number

gave to me,hence the call he refers to.

further told I could take his client's deposition, without Mr.McLeod being

did. I took his deposition andacted like a gentleman thewhole time

from Morey Court Reporters 727 8947407(Maria Rodriguez)

Sim

D. Eckert,Esq.



03/20/2009 09:IB 72 531PAGE 02/03

a . copy of the complaint

CERTIFICATE OF DISCLOSURE

the foregoing disclosure was furnished to_j

mypresent law firm of.

if different, to

_aand,_ amember 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)

.day of. -200. atruecopyof

^my supervisor

I HEREBY CERTIFY that on this

the foregoing disci )sure was furnished to.

at (nameof agency), with

which I was associated at the time of the act(s) giving rise to ttie complaint in The Florida BarFile No. 2009-11,0,71 (6D).

James Daniel Eckert

CERTIFICATE OFNON-LAWFKM AFFILIATION

(Sole Practitioner)

1HEREBY CERTIFY to The Florida Baronthis ^jgfrflay of_Z2ML200.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 TheFlorida Bar FileNo. 2009-11,071 (6D).

iel Eckert



83/20/2009 09:15 72^7531

JI1-17If



03/20/2009 09:16

F. H A R K N B S S , J R .E X E C U T I V E D I R E C T O R

Mr. James Daniel Eel

Eckert Law Firm

4473rdAveNStc3

Saint Petersburg,FL

ert

4

J3701-3245

Re: Robert Camp secco; TheFlorida BarFile No.2009-11,071 (6D)

Dear Mr. Eckert:

of an inquiry/complaint and any supporting documents submitted by the above

com plain* nt(s). Your response to this complaint is required under the provisions of Rule 4-

Rules of Professional Conduct of theRules Regulating TheFlorida Bar, and is due in our office by

lure toprovide a writtenresponse to this complaint is in itself a violation of Rule4-

farther requested to furnish the complainant with a complete copy of your written

Enclosed is a copy

referenced

8.4Q0,

March 23,2009. Fi8.4(g). You are

**rr * *

response, including anydocuments submitted therewith.

Please note that

recordings and/or

part of the public

Pursuant to Rule 3

enclosed Certificate

If either you or the cfjmpapplicable law,

that portion of the

proceedings during

deemed to be in the

Finally, the filing

complainants).

Sincerely,

Donald M Spangler,

Attorney Consumer

ACAP Hotline 866-2Enclosures

Mailing Instructions

cc: Robert Camposecco

7531 PAGE 01/03

T H E F L O R I D A B A R651 E A S T J E F F E R S O N S T R E E T

T A L L A H A S S E E , FL 32399-2300 850/561-5600WWW.FLOR10ADAR.OW;

March 9,2009

putjsuant to Rule 3-7. l(b), Rules of Discipline, any reports, correspondence, papers,

transcripts of hearings received from either you or the complainants) shall become a

record in this matter and thus accessible to the public upon a disposition of this file.

7.1 ( f ) , Rules of Discipline, you are further required to complete and return thef Disclosure form.

ilainant(s) believe any material provided to The Florida Bar is confidential under

counsel should be advised of that fact so that measures can be taken to seal

It should be noted that The Florida Bar is required to acknowledge the status of

he pendency of an investigation, if a specific inquiry is made and the matter is

wblic domain.

undersignedfie.

this complaint does not preclude communication between the attorney and the

Please review the enclosed Notice for inform ation, on subm itting your response.

Bar Counsel

Assistance Program

2-0707

(Certificate of Disclosure, Notice of Grievance Procedures, Copy of Complaint, Notice •



72753 PAGE 01/03H . UU I / U U I

IN THE CIRCUIT COURTFORPTNELLAS COUNTY, FLORIDA

CIVIL DIVISION

CASENO.02-003111-FD-12

IN RE: THEMARRIAGEOF:

JEAN CAMPOSECCO,,

Pctitto

and

ROBERT CAMPOSECCO,

' Respondent

MOTTON TO WTTHDRAw-AS COUNSEL

'COMESNOWthecounselforthe Respondent,ROBERTCAMPOSECCO,andrequeststiiis

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 granthimwithdrawalascounsel 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 NorthSt Petersburg, Florida 33701

Ph: (727) 823-2527Counsel for the Former Husband/RespondentFBN28I034/SPN 00174641



THE FLORIDA BAR

JOHN F. HARKNESS, JR.EXECUTIVE DIRECTOR


TALLAHASSEE, FLORIDA 32399-2300 850/561-5600 WWW.FLABAR.OR

March 25, 2009

Mr. Robert Camposecco

8747 Bardmoor Place, Apt. 102F

Largo, FL 33777


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





Mr. Robert Camposecco8747 Bardmoor Place, Apt. 102

Largo, FL 33777



March 31,2009

To-Mr Dona l d Spangler-Florida Bar

ConsumerCounsel

ProgramFrom-Robert Camposecco

Dear Mr Spangler,

Regarding)m

y complaint against Attorney James Eckert.

Upon the advice on my counsel Phillip McLeod (who is still my

attorney) 1am withdrawing my complaint against Eckert.

Mr Eckert is somewhat unprofessional in myopinion but I am

convinced that the suggestion of blackmail originated from my ex-wifeand 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 myclient,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 andher. I simply told Mr. McLeod what shetold me,and I did not

threaten Mr. McLeod or his client about anything and never would. These folks

apparentlyha^l a veryacrimonios 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 sincerelyversion of the

believe that Philip McLeod,Esq. will not agree to Mr Camposecco'sfacts 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 amenclosing 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 withdrawa}id sending myclient 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 anyethical 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, withoutMr.McLeod being

present which I did. I took bis deposition andacted like a gentleman the wholetime

which the coutt reporter from Morey Court Reporters 727 8947407(Maria Rodriguez)

D. Eckert,Esq.March 20,2009



•

JOliN F. HARKNESS, JR .

EXECUTIVEDIRECTOR

THE FLORIDA BAR651 EAST JEFFERSON STREETTALLAHASSEE, FL 32399-2300

January 31,2011

850/561-5600www.FLABAR.ORG

Mr. George Marshall Osborne, Jr.

611 Druid Road E

Suite 512Clearwater, 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 abovereferenced 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 . . h o , . . ~Lisa Chason, Legal Secretary

Lawyer Regulation Headquarters

/ ' Ms. Karen Boroughs Lopez, Bar Counsel, TampaBranch Office



• •THE FLORIDA BAR

JOHN F. HARKNESS, JR .

EXEClJTIVE D'RECTOR

January 31,2011

Robert Camposecco

8747 Bardmoor Place

Apt. 102F

Largo, FL 33777

MAILING ADDRESS:

4200 GEORGE J . BEAN PI(WY

8Uln 2580

TAMPA, FL33607

PHYSICALADDRESS:

AIRPORT MARRIOTT HOTEL

SUITE 2580

TAMPA, FL 33607

813-875-9821

www.FLARAR.ORG

Re: The Florida Bar v. James Daniel EckertCase No. SelO-1308

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


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 ofReferee and

Order are enclosed for your records. The case is now closed.

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

KBLics

Enclosures - Copy ofReport ofReferee & Supreme Court Order



• •JOHN F. HARKNESS, JR .

EXICCUTIVIC DIRICCTOIl

July 9,2010

THE FLORIDA BARMAILING AI>l>RESS: PIn'SICAL AOORESS:

4200 GEORGE J. BEAN PKWY. AIRPORT MARRIOTT HOTEL

SUITE 2580 SUITE 2580

TAMPA, FL 33607 TAMPA; FL 33607

813/875-982www.FLABAIUlW

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,

t 7 s ~ rB ~ ~ ~ o : n s e l/KBLIcs

Enclosure: Complaint



JOliN F. HARKNESS, JR .

EXECUTIVE DIRECTOR

THE FLORIDA BAR651 EAST JEFFERSON STREET

TALLAHASSF.F., FL 32399-2300

July 6, 2010

850/561-5600WWW. FLOkIUAHAH..OW.C

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 ofDiscipline, 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



THE FLORIDA BAR,

Complainant,

v.

JAMES DANIEL ECKERT,

Respondent.

.' IN THE SUPREME COURT OF FLORIDA

(Before a Grievance Committee)

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

- - - - - - - - - - - - - - -_ /

NOTICE OF FINDING OF PROBABLE CAUSE FOR

FURTHER DISCIPLINARY PROCEEDINGS

TO: James Daniel Eckert

Eckert Law Firm


St. Petersburg, FL 33701-3245

Certified Mail Return Receipt.

No. 7009 0820 0000 6418 6470

You are hereby notified that the Sixth Judicial Circuit Grievance Committee "C", on the 15Til 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 theadministration of justice)

The record of proceedings before the Grievance Committee has been referred to the undersignedstaff 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. LopezCounsel

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 MemberRobert Camposecco, Complainant

Linda Lyman, Branch Office Manager



•JOHN F. HARKNESS, JR.

EXECUTIVE DIRECTOR

December 30, 2009

Robert Camposecco

8747 Bardmoor Place

Apt. 102F

Largo, FL 33777

THE FLORIDA BARMAILING ADDRESS: PHYSICAL ADDRESS:

4200 GEORGE J. BEAN PKWY AIRPORT MARRIOTT HOTEL

SUITE 2580 SUITE 2580

TAMPA, FL 33607 TAMPA, FL 33607


RE: Complaint against James Daniel EckertTFB 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 proceedingsunless/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

r e n ~ rr Counsel

KBLIcs

Enclosure - Copy ofNotice of finding of Probable Cause



JAMES D. ECKERT

ATTORNEY AT LAW

SUITE 304, 447 3RD AVE NO

ST. PETERSBURG, FL 33701

,00 ECClED\\.ff!

DEC 03 1009

FLOAIDABAR

TAMPABRANCH

/

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 THEORIGINAL 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 SIMPLYWANTED 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 T H 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

I have received and reviewed your letter withdrawing your complaint against the abovereferenced attorney.

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

DearMr. Camposecco:


r L , ~~ j i P ~ - " f. (!;;;)

&11]

@C

g=d[@)

IQh

850/561-5600WWW.FLORIDABAIWRG


TALLAHASSEE, FL 32399-2300

April 16, 2009


8747 Bardmoor Place, Apt. 102FLargo, FL 33777


ExECUJ1VEDIRECTOR

Sincerely,



•JOHN F. HARKNESS, JR .

E X ~ C l I T I V E DIRECTOR

November 25, 2009

THE FLORIDA BARMAILING ADORESS: PHYSICAL ADDRESS:

4200 GEORGE J . BEAN PKWY AIRPORT MARRIOTT HOTEL

SUITE 2580 Sl1lTE 2580

TAMPA, FL 33607 TAMPA, FL 33607


James Daniel Eckert

Eckert Law Firm


St. Petersburg, FL 33701 ~ 3 2 4 5

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 TheFlorida 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 anywitnesses 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 writtenrequest 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 orreview 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 theadministration of justice).

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

Sincerely,

Enclosures: Grievance Committee Membership List

cc: Robert Camposecco, Complainant

John Davis Fernandez, Esq., Investigating MemberJennifer A. Ficarrotta, Esq., ChairAndrew B. Sasso, Esq., Designated Reviewer

PUB 071 G 0009



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


EIlli:CUTIVEDIRECTOR

July 29, 2009

THE FLORIDA BARMAILING ADDRESS: PHYSICALADDRESS:

4200 GEORGE J. BEAN PKWY. AIRPORTMARRIOTT HOTEL

SUITE 2580 SUITE 2580TAMPA, FL 33607 TAMPA, FL 33607

813/875-9821

WWW.FLARAR.ORG

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 EckertComplaint ofRobert 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 of justice).

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

Sincerely,k z ~ a r C o u n s e lKBLlcs

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

Mr. Donald M. Spangler, Bar Counsel

Attomey Consumer Assistance Program

The Florida Bar

651 East Jefferson Street

Tallahassee, FL 32399·2300

r o J ~ © ~ ~ W ~ ~lIt JUL 01 2009 l!:!J

FLORIDA BARTAMPA BRAI\k:;H

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 c lient 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 nex t 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, FLORIDADCN; 522002DR003111XXFDFD REF. NO . 0 2 - 3 1 1 1 ~ F D - 1 2

INRE; THEMARRIAGE OFJEAN 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 theparties' docwnentary evidence. Upon consideration of the evidence, the Court denies the

Husband's Second Supplemental Petition for TerminationJReductionof 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 ofMarch 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 ofApril, 2009. NED

JOHNC

CIRCU

Copies furnished to:James D. Eckert, Esquire

447_3

rd

Avenue North, #304St. Petersburg, FL 33701Attorney for Petitioner

Philip A. McLeod, Esquire540 - 4th St. NorthSt. Petersburg, FL 33701Attorney for Respondent

'}

PUB 071 S 0005"f "



7.4072

J U L - 1 0 ~ 2 0 0 9 04:56 FROM:BOB CAt SECCO 7273984072 .-ro: 1B138726953 P .l

I"

MR. RO••RT CAMPOSEceo8747 BA;lDMOOR PLACE

APT 102P;

LARGO, F,L 33777

.JULY 9, 2009

,;

IlI

1 il!

II I

D ~ M ~ CAMPOSICCO, •

YOU ttAVE FILeD A SA....... COMPLAINT AGAINST ME WITH T ~ I ! : "FLORIDA:BAR, CHARGING Me, AMONG OTHeR THINGS WITH BRIBERf ~ , " DUTORTrOM. I "

THIS: LBTTER THI!N, IS TO PUT YOU ON NOTice, THAT UNLess j::'W I T H D ~ W SUCH CHARGIS, PLU8 Issue A LeTTeR OF APOLOGY, W ~ 1 r " I N ' ,

DAYS FROM ..JULY 10 , 2009, WHCM IS THI! STATUTORY TIM!!, YOU W I ~ ~ " .sueD FO" D ~ F A M A T I O N OF CHARACTeR, AMONG OTHeR M A T T e R ~ ; 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. P H I ~ " :MCLEOD,;eSQ. WILL Be CALLeD AS A WITN!SS BY MY ATTORNey. IiI ,Ii

P L I ! ~ s e Be GOVeRNeD ACCORDINGLY. :,l <

'I! :~ ~ - - - - l ! 1 1 ::

t j i:ij

Ii1

:1 ;, '\I, i II, .

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PUB 071 $ 0006



THE FLORIDA BAR

JOHN F. HARKNESS, JR.EXECUTIVEDIRECTOR


TALLAHASSEE, FL 32399-2300 850/561-5600 WWW.FLORIDABAR.OR

April 16, 2009


8747 Bardmoor Place, Apt. 102FLargo, FL 33777



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. Thecomputer record will be purged and the file destroyed one year from the date of closing.

Sincerely,

cc: Mr. James Daniel Eckert





PERSONAL - FOR ADDRESSEE ONLY Mr. James Daniel EckertEckert Law Firm











































































IN THE SUPREME COURT OF FLORIDA

(Before a Referee)

THE FLORIDA BAR, CASE NO.

Compla inant , TFB NO . 2009-11,071 (6C)v.


Respondent .

COMPLAINT

THE FLORIDA BAR, Complainant, files this Complaint against Jame s

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

Florida Bar, and alleges:

1. Responden t is, and at all t imes me ntioned here in was, a m e m b e r of

The Florida Bar, subject to the jurisdiction of the Supreme Cour t of Florida.

2. Respondent represented Jean Camposecco in post dissolution of

marriage proceedings.

3. W hile the case w as pen ding, the opposing party, Robert Campose cco,

filed an Inquiry/Co m plaint against Re spondent w ith 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 an d issued a letter of apology with in five days. A copy of



Re spo nde nt's letter dated July 9, 2009 is attached he reto 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 probab le 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: Ru le 4-8.4(d) (a lawyer shall not engage in

conduct in connection w ith the practice of law that is prej udicial to the

administration of justice).

WH EREFORE, The Florida Bar respectfully requests that the

Respondent be appropriately disciplined.

Kenneth Lawrence M arvin

Staff CounselThe Florida Bar

651 E. Jefferson Street

Tallahassee , Florida 32399-2300(850)561-5600


Karen B. Lopez < s

Bar Counsel

The Florida Bar

4200 George J. Bean Pkwy.

Suite 2580Tampa, Florida 33607

(813)875-9821




CERTIFICATE OF SERVICE

I HEREBY CERTIFY that th e original of this C omp la in t has been

furnished by regular U . S. mail to The Honorable Thomas D. Hal l , Clerk, th e

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 40026738, 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 \ , 2 0 1 0 .

Kenneth Lawrence M arvin

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. Responde nt 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.





PUB 071G0002

1 0 0 / 1 0 0 'd

Exhibit B




(Before a Referee)

THE FLORIDA BAR, CASE NO. SC10-1308TFB NO. 2009-11,071 (6C)

Complainant,

v.


Respondent.

REPORT O F REFEREE

I. Summary of Proceedings: Pursuant to the undersigned being dulyappointed as Referee to conduct disciplinary proceedings herein according to the

Rules Regulating The Florida Bar, a C onditional Gu ilty Plea for Consent Judgmentwas signed on December 11, 2010. Any p leadings, 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 follow ing 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 ConditionalGuilty Plea for Consent Judgment as my findings of fact as follows:

On or about July 9, 2009, Respondent wrote a letter to a complainantthreatening to sue him for defamation and damages unless he withdrew his Bar

complaint and issued a letter of apology within five days.

D E C 29 2010



III. Recom mendations as to Whether or Not the Respondent should Be

Found Guilty: I recommend that the Conditional Guilty Plea be accepted and thatRespondent be found guilty of violating the following Rules Regulating The FloridaBar:

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 recordof the respondent, to wit:

Age: 70

Date Adm itted to Bar: October 15, 1965Prior 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 man ner in which costs should be taxed: I find

the following costs were reasonably incurred by The Florida Bar:

Adm inistrativ e costs pursuant to

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

Bar Counsel Costs: 31.50

Court Reporter Costs: 85.00

TOTAL: $L366.50

It is recommended that all such costs an d expenses, together with the foregoing

itemized costs, be charged to the respondent an d that interest at the statutory rate

shall accrue and be payable beginning 30 days after the judgment in this case

become final unless a waiv er is granted by the Board of Gov ernors of The Florida



Bar.

Dated this day of December, 2010.ORIGIN- SIGNED

CONFOF 0COPY

D E C < • < * > 2 0 1 0

CHRISTINE ./OQEL

OOUNTY/CIRCv T JUDGEHonorable 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., 61 1 DruidRoad East, Ste. 512, Clearwater, FL 33756 - 3938

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



IN THE SUPREME COURT OF FLOR IDA

(Before a Referee)

THE FLORIDA BAR,

Complainant,

CASE NO. SC10-1308

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

v.


Respondent.

CONDITIONAL GUILTY PLEA FOR

CONSENT JUDGMENT

COM ES NOW , James Daniel Eckert, Responden t, pursuant to Rule 3-7.9,

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

conditional plea to the below-listed violation s 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 Co urt of Florida. The

follow ing is the stipulated fac tual basis:

1 . Respond ent is, and at all times men tioned herein was, a mem ber of

The Florida Bar, subject to the jurisdiction of the Sup reme 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 TH E FLORIDA BAR in a

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

the obligation for the paym ent 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 w rote 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 prejudicia l 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 R ule 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 paym ent 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, Respondentc/o George M. Osborne, Esq.611 Druid R oad East, Ste. 512Clearwater,FL33756 - 3938

727/631-7483Florida Bar No. 91610

Dated: -O-

fge\M. u)sborne, Esq.Attorneyft)r Respondent611 Druid Road East, Ste. 512

Clearwater, FL 33756-3938727/631-7483




Dated:

/ICaren B.Lopez p

Bar Counsel4200 G eorge J. Bean Parkway, Suite 2580Tampa, Florida 33607-1496

(813)875-9821Florida Bar No. 444553

Approved By: Andrew B. Sasso, Designated ReviewerKenneth Lawrence Marvin, Staff Counsel



Suprem e C o u r t o f J f io r tbaT H U R S D A Y , J A N U A R Y 27, 2011

C A S E N O . : S C 1 0 - 1 3 0 8L o w e r T r i b u n a l No (s).: 2009-11,071(6C )

THE FLORIDA BAR v s. J A M E S D A N I E L E C K E R T

C o m p l a i n a n t ( s ) Respondent( s)

T h e C o u r t a p p r o v e s t h e u n c o n t e s t e d r e f e r e e ' s r e p o r t a n d r e p r i m a n d s

respondent .

J u d g m e n t is entered for The Flor ida Bar, 651 East J e f f e r s o n Street,

Tallahassee , Flo r ida 32399-2300, f o r r ecovery o f costs f r o m J a m e s D a n i e l E c k e r t

in the a m o u n t o f $1,366.50, f o r which su m le t execut ion issue.

N o t f i n a l u n t i l t i m e e x p i r e s to f i le m o t i o n f o r r e h e a r i n g, a n d i f f i le d ,

determined.

A T ru e C o p yTest:

Thomas D. Hall

C l e r k , S u p r e m e C o u r t

smS e r v e d :

ANDREW BLAISE S A S S OK E N N E T H L A W R E N C E M A R V I N

K A R E N B O R O U G H S L O P E ZG E O R G E M A R S H A L L O S B O R N E , J R.H O N . C H R IS T I N E K. V O G E L , J U D G E

H U C R E C O R T

JAN 28 Z o i i

















































































































~ ~ t ' t m e qcourt of § f ~ r l b l l ~ J ~ ~ / i THURSDAY, JANUARY 27, 2011 T ~ ~ ~ ~ I D A B A R

----!lliAr-.!9:

THE FLORIDA BAR

Complainant(s)

CASE NO.: SClO-1308

Lower Tribunal No(s).: 2009-ll,07l(6C)

vs. JAMES DANIEL ECKERT

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:

~ I P , t f i d !Clerk, Supreme COUlt

sm

Served:

ANDREW BLAISE SASSO

KENNETH LAWRENCE MARVIN

KAREN BOROUGHS LOPEZ

GEORGE MARSHALL OSBORNE, JR.

HON. CHRISTINE K. VOGEL, JUDGE



IN THE SUPREME COURT OF FLORID(Before a Referee)

-s . -- ' ""

() o

TEE FLORIDA BAR,

Complainant,

v.


Respondent.

-------------' ,

CASE NO. SCIO·1308TFB NO. 2009-11,071 (6C)

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 - CASEMANAGEMENT JULY 27,2010 4

CONFERENCE5.. CASE MANAGEMENTORDER AUGUST 26,2010 5

6. NOTICEOF 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. RESPONDENTS 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











'C) ()

IN THE SUPREME COURT OF FLORIDA(Before a Referee)

THE FLORIDA BAR,

Complainant,

v.


Respondent.

-------------- ' - - ! /

CASE NO. SCIO-1308

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

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 FloridaBar in the amount of$I,366.50,

as set forth in the Bar's Statement ofCosts.

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 ofGovernors ofThe Florida Bar.

Respectfully submitted,

~ L f ~~ a r e n B. LopezBar Counsel

The Florida Bar4200 George J. Bean Pkwy.

Suite 2580

Tampa, Florida 33607

(813) 875-9821

Florida Bar No.444553


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 MarVi

7StaffCounsel, 651 E. Jefferson Street, Tallahassee, Florida

32399-2300, this .c day ofDecember, 2010.

i : r . ~ P : ~Bar Counsel



() ( . ~ . ),

IN TH E SUPREME COURT OF FLORIDA(Before a Referee)

THE FLORIDA BAR,

Complainant,

v.


Respondent.__________ ----:1

CASE NO. SCIO-1308

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

STATEMENT OF COSTS

COMES NO W The Florida Ba r and files this Statement o f Costs pursuant to

Rule 3-7.6(q):

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

Bar Counsel Costs:

Court Reporter Costs:

TOTAL:

$1,250.00

31.50

85.00

$1.366.50

aren B. Lopez

Bar Counsel

The Florida Ba r

4200 George J. Bean Pkwy.Suite 2580


(813) 875-9821

Florida Bar No.444553

Exhibit A







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.

Dated: J ~ - t o - \0

J a ~ P O n d e n tc/o George M. Osborne, Esq.

611 Druid Road East, Ste. 512

Clearwater,FL

33756 - 3938

727/631- 7483

Florida BarNo. 91610

'<-Jf>nrge . sborne, sq.

Attorney' r Respondent


Clearwater, FL 33756-3938727/631-7483




C)

Dated: / ~ ; / >/;/0J /

/")\ - '~ , 6 ~

Bar Counsel

4200 George 1. Bean Parkway, Suite 2580

Tampa, Florida 33607-1496

(813) 875-9821Florida Bar No. 444553

Approved By: Andrew B. Sasso, Designated Reviewer

Kenneth Lawrence Marvin, StaffCounsel



() C)


(Before a Referee)

THE FLORIDA BAR,

Complainant,

v.


Respondent.

- - - - - - - - - - ~ /

CASE NO. SCIO-1308

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

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 ofMinor Misconduct, The Florida Bar Case No. 2007-

11,711 (6D).

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

(6D).



() ()

&e:<,d7;z;?4Bar Counsel

6. Any and all Exhibits listed by Respondent.


6p:';;(rBar Counsel

The Florida Bar


Suite 2580


(813) 875-9821



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, StaffCounsel, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300,this /,}- day ofOctober, 20 IO.



() ()


(Before a Referee)

THE FLORIDA BAR,

Complainant,

v.


Respondent.

----------_/

CASE NO. SCIO-1308

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

THE FLORIDA BAR'S FINALWITNESS LIST


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. 512CleaJwater, 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




C)

3. Any and all witnesses listed by Respondent.

()


~ o p n = gBar Counsel

The Florida Bar


Suite 2580


(813) 875-9821



I HEREBY CERTIFY that the original of the foregoing Final Witness List



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 ofOctober, 2010.

• / ~ ~ ~ ~Karen B. Lopez

Bar Counsel




(Before a Referee)

THE FLORIDA BAR,

COMPLAINANT

vs.


Respondent.

/

CASE NO. SCI0-1308

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

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 datedApril 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




C) ()

Clearwater, FL 33756-3938

Telephone: 727-631-7483Facsimile: 727-461-2433Email: [email protected]

SPN: 18351 FBN: 92597

CERTIFICATE OF SER ICE

o 0 ~ -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. OsborneAttorney for Respondent

611 Druid Road East, Ste. 512Clearwater, FL 33756-3938

Telephone: 727-631-7483

Facsimile: 727-461-2433

Email: [email protected]

SPN: l835/FBN: 92597



, .)

. \ ,;C) ()


(Before a Referee)

THE FLORIDA BAR,

COMPLAINANT

vs.


Respondent.

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

CASE NO. SC10-130S

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

RESPONDENT'S PRELIMINARYWITNESS 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 512Clearwater, FL 33756-3938

727/631-7483

Expected to testify regarding all issues in this matter:


8747 Bardmoor Place

Apt. 102F

Largo, FL 33777

727/319-4714





. \ "C) ()

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

2300. } J ~ ~ - R _~ ~ Osborne --.

Attorney for Respondent



Telephone: 727-631-7483

Facsimile: 727-461-2433


SPN: 1835/FBN: 92597



() (),


(Before a Referee)

THE FLORIDABAR,

(

COMPLAINANT

vs.


Respondent._________-----"1

CASE NO. SC10-1308

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

RESPONDENT'S ANSWER

TO FIRST REQUEST FOR ADMISSIONS

Respondent, JamesD. Eckert, by and through his undersigned

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

Admissions as follows:

1. Admitted.

2. Admitted.

.

-GeorgeM. Osborne



Clearwater, FL 33756-3938Telephone: 727-631-7483

Facsimile: 727-461-2433


SPN: l835/FBN: 92597



() ( )


I HEREBY CERTIFY that on this2 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



Clearwater, FL 33756-3938Telephone: 727-631-7483

Facsimile: 727-461-2433


SPN: 1835/ FBN: 92597



() ()


(Before a Referee)

THE FLORIDA BAR,

Complainant,

v.

JAMES DANIEL ECKERT, ,

Respondent.

- - - - - - - - - -_- : /

CASE NO. SCIO-1308

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

THE FLORIDA BAR'S PRELIMINARY EXHIBIT LIST


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 ofMinor Misconduct, The Florida Bar Case No. 2007-

11,711 (6D).

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

(6D).





()


(Before a Referee)

THE FLORIDA BAR,

Complainant,

v.


Respondent._________ --:1

CASE NO. SCIO-1308

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

THE FLORIDA BAR'S PRELIMINARYWITNESS LIST


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

1. James Daniel Eckert, Respondent

clo George M. Osborne, Esq.



727/631-7483



8747 Bardmoor Place

Apt. I02F

Largo, FL 33777

727/319-4714


3. Any and all witnesses listed by Respondent.



() ()


~ o ' ~Bar Counsel

The Florida Bar


Suite 2580


(813) 875-9821



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.

~ , , ~ar Counsel



C) C)


(Before a Referee)

THE FLORIDA BAR,

Complainant,

v.


Respondent.

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

CASE NO. SCIO-1308

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

FIRST REQUEST FOR ADMISSIONS

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

Daniel Eckert, Respondent, pursuant to Rule 1.3 70 of the Florida Rules ofCivil

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 ofCivil 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.

()


~ aren B. LopezBar Counsel

The Florida Bar


Suite 2580


(813) 875-9821



I HEREBY CERTIFY that the original of the foregoing First Request for

Admissions was furnished by regular U.S. Mail to the Honorable ChristineK.Vogel, Referee, at 302 N. Michigan Ave., Room 7, Plant City, FL 33563 and to

James Daniel Eckert, Respondent, c/o GeorgeM. 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.

. / ~ ~ r e n B. LopezBar Counsel



JUL-10-2009 04:56

-84072

It '3ECCO 7273984072' (), ro: 18138726953"

!

II;,

I' .i: /:;. ' I' .

I;.· ..,'"

I'_ _ , * ~ ~ ' : : : : : : : : : ----i "'" , "

I'j i:"I ": /J

:.j F1.1 1 .-1;11 '" :, I 'I,t .\ " .. ,1" :', 'I.. .; . I '

I"j." . ' I. 11" i:" ;" . " I,

iiI

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"

j

".

.."

' j

'!,I

:1

;1

i

);

. t \::

.JULY 9, 2009 l'

: 7 ~ 7 ~ : : ~ ; : : : : ~ ~ ; C OI ;:;An i . '

LARGO, F,L 33777 ::

__ .1.- ,. ---"'--'-., --' '::,DEAR M ~ CAMPOSECCO, ; " "

YOU ~ V 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 (; ::' " "W I T H D ~ W SUCH CHARGES, PLUS ISSUE A I.lne!! OF APOLOGY, WitkiN';;

DAYS i ' R ~ M JULY 10,2009, WHCH IS THE STATUTORY T I M E , Y O l i W I ~ G " I i I ' , , ' ..

SUED FOR DEFAMATION OF CHARACTER, AMONG OTHERMAnERS, :it

l

U,D

YOU WILL BE HELD RESPONDSIBLE FOR ALL DAMAGES. " ",

, PLEJ,.SE COMSULTWITH AN ATTORNEY OF YOUR OWN C H O O S ' . . i ~ : ~ABOUT'I'ftESE MATTERS, BUT I HEREBY ADVISE YOU THAT MR. PHli j !i::MCLEOD,;eSQ. 'WILL BE CALLED AS A WITNESS BY MY ATTORNEY. i ! I ! ~

P U ! ~ S E BE GOVERNED ACCORDINGLY. i', 'i,I '

'j ; I

it

!

..:/

PUB 071 S 0006

i,...,. ·1

I..; "

I: .

Exhibit A







() o


(Before a Referee)

THE FLORIDA BAR,

Complainant,

v.


Respondent.

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

CASE NO. SCIO-1308TFB NO. 2009-11,071 (6C)

CASEMANAGEMENTORDER

THIS COURT having conducted a CaseManagement 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, ifnecessary, shall involve sanctions to be imposed.

3. j ; "j. -1--1 ()V ~ 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, ifnecessary, 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. L6 ,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 ofbusiness on tIo" Ir- ,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





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

c. in chambers.

, 2010 at

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

The Honorable ChristineK. 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, StaffCounsel, The Florida Bar

5



cO) ()

IN TIm SUPREME COURT OF FLORIDA(&foro a Refe.w:ee)

lHE FLORlJ:·)A BAR,

COlhlPLAINANT

V$ .

JAMES D A ~ 1 l l E L ECKERT,--- ---------:/

CASE NO.TFBNO. 2009-11,071 (6C)

ANSWERTO COMPLAINT

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

FloridaBar, follows;

L Admitted.

2. Admitted.

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

wrongfully impugnedRespondent's integrity, andwas withdrawnby him,

Robert Camposeccowhile thepost-dissolutionmatterwas pending for

l'tlasons other than, areat least in addition to , his receipt ofthe·leneridentified in paragraph4 oftbe subject complltint. Further, before he

withdrewhis Complaint,Mr. Camposecoo was advised by The FloridaBar

in substancethat he could not suffercivil liability for havingmade a

complaint, and he communicated this information to Re5pQndentwho

accepted it as true, and, of cow:se, took no actionagainstCamposecco

although he did not then know that unqualified immunity had been

decided by The SupremeCourtofFlorida. It submitted that it is fair to



() ()

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

holding that the "administrationofjustice" 8$ used and intended in the

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

Respondent's undersigned attorneyhas 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 conceptthat the administrationof

, justice is atwork. initially when anmquity/Coroplainthas been filed.

Respondent also respectfullyobserves that after C w i t h d ~ bis

Complaint, his attomey did not proceed on his motion to withdrawfrom

representation, but stayed in thecase which proceededwithout incident to

final hearing on the merits andCmnposecco 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-headedor improperly

motivated Inquiry/Complainthewould never have even considered suit,

muchlesswritten a demandfor retractionand apology.

5. Admitted as stated, but thewithdrawalwas not caused by, and could no t

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

been advised that he was immune.

6. Admitted.

7. Respondentdenies any implicationor inference thathe knowingly orwith

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

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



o C)

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

knoWll it is fundamental that a lawyer should not1JJreaten an actionwhich

he knoWll cannotbe effective as amatter offact oroflaw, and, ifas a

! IJllI1.1erof law the Court detemdnes that he should have known about the

. principle ofunqualified imm\Ulity, then he WlW not simply in wor but

would be in thewrong to send the lel:tCf, and ifit is also detennined that

the Rule is operative at the stage of an Inquixy/Complaint,. then he is... subject; to discipline.

ADDITONALRESPONSE

8. . Respondent regrets his ignorance ofunqualified immumty, andwishes that

he kn ~ it had beendetennined. He respectfully observes thathe believes many

I a w y . ~ : t l l are not aware ofit, and having servedas chairofthe Pinellas County

grievil!ll¢e committee for three years, and as a ten yearmemberofa committee of

the S ~ PetersburgBar Association to long ago dealwith grievancematters,

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

JnqlljuY/Complaint was not onlywjust, butwas improperlymotivated as a tactic

in hlJ;:case and by his animosity towardhis formerwife and his aversion to paying

CEJmFlCATE OF SERVIa

I HE:IlEBY CERTIFY that on this 1st day ofAugust2010, a copyhereofhas been

fuxnished by U.S. :mail to Karen B. Lopez, Bar Counsel, The Florida Bar, 4200 George J.

Bean Parkw.IY, Suite2580, Tampa, FL 33607, and to Kenneth LawrenceMarvin, Staff

.,







#=Tren B. Lopez ~ Bar Counsel

The Florida Bar4200 George J. Bean Pkwy.

Suite 2580


(813) 875-9821



I HEREBY CERTIFY that the original of the foregoing Notice ofHearing



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)

" ' I f you are a person with a disabilitywho needs any acconunodation in order to participate in this proceeding, youare 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 DISCIPLINARYACTION

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 TheFlorida Bar under Chapter 3 of the Rules Regulating The Florida Bar. By the powervested 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 andprerogatives 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 thismatter.

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 J S ~ a y ofJuly, 2010.

· .. -\-- 4'(\=:. <as 4:q:

Manuel Menendez, Jr., Chief Judge

Original to:

Copies to:

Please note:

Thomas D. Hall, Clerk, Supreme Court

The Honorable Christine K. Vogel

Kenneth Lawrence Marvin, Bar Staff CounselJames Daniel Eckert, RespondentKaren B. Lopez, Bar Counsel

Andrew B. Sasso, Designated ReviewerThe 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 TheFlorida 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., ChiefJudge oftheThirteenth Judicial Circuit Court ofFlorida,

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

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).





() ()

THOMAS D. HALL

CLERK

TANYA CARROLL

CHIEF' DEPUTY CLERK

GREGORY J, PHILO

STAFF ATrORNEY

~ u p r t m t <!Court of jflortbaOffice of the Clerk

500 South Duval StreetTallahassee, Florida 32399-1927

ACKNOWLEDGMENT OF NEW CASE

PHONE NUMBER (850) 488-0

www,floridasupremecourt

RE: THE FLORIDA BAR

July 12,2010

vs. JAMES DANIEL ECKERT

CASE NUMBER: SC10-1308

Lower Tribunal CaseNumber(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 andcorrespondence 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 OFFICEWEBSITE AT

http://www.f1oridasupremecourt.org/c1erk/index.shtml

sm

cc:KENNETH LAWRENCE MARVIN

ANDREW BLAISE SASSO

KAREN BOROUGHS LOPEZ

JAMES DANIEL ECKERT



() ()

IN TH E SUPREME C OU RT O F FLORIDA

(Before a Referee)

TH E FLORIDA BAR,

Complainant,v.


Respondent.

- - - - - - - - - - - - - ' /

COMPLAINT

CASE NO.

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

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 ofCamposecco's July 13,2009 withdrawal letter is attached hereto as

Exhibit B.

6. Oi1December 30,2009, tfieSixth Judicial C i r c l l i T d f j ' ' ' ' e v = 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 of justice).

WHEREFORE, The Florida Bar respectfully requests that the

Respondent be appropriately disciplined.

Kenneth Lawrence Marvin

StaffCounsel

The Florida Bar

651 E. Jefferson Street

Tallahassee, Florida 32399-2300

(850) 561-5600


2

reJJB. L o p e ~ ~Bar Counsel

The Florida Bar


Suite 2580


(813)875-9821








a. 009-1/, 0 7/ ( {;, j))/

July 13, 2009, - - _ . _ - - - - - - - - -

.

MrEckerl

After further thought and c O D S j d e ~ t i o n , I have d e c i d ~ not to

pursue lIlY complaintagainst yon with theFlorida Bar.At

this timeof

my lifet h e ~ are ~ u c b

more important things totake care ofand sb little time left todo it all.

Sa, ance again,'consider thismatter closed as far as I'm concerned.

Perhapsyou should consider closing thedebt matter against me a well

f!!tc NogC)

oD:l::>ll..



.()

POSSIBLE VENUE

The Florida Bar v. James Daniel Eckert

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

I.

2.

3.

Residence:

Offense:

Office:

Unknown County

Pinellas County

Pinellas County

OTHER PENDING CASES

(IF NONE, PLEASE INDICATE BY WRITING NONE)

Case Number

None

File Number Referee

NOTICE OF RELATED CASES (other respondents)

Respondent

None

Case Number File Number Referee

TRIAL TIME: I day



Documents

Florida Bar v Eckert File