The Florida Bar

The Gateway Center

1000 Legion Place, Suite 1625
John F. Harkness, Jr.
Orlando, Florida 32801-1050
(407) 425-0473
Executive Director www.FLORIDABAR.org
July 25, 2013
Mr. Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Re: Unlicensed Practice of Law Investigation of Neil J. Gillespie;
Case No. 20133090(5)
Dear Mr. Gillespie:
This letter is in response to what you styled as a "motion or request" for various tllings
concerning the above-referenced investigation. I will use the numbers corresponding to your
letter.
1. You requested the appointment of counsel based on the argument that you are entitled
to counsel since the unlicensed practice of law is a third-degree felony. I do not have
the authority to appoint counsel to represent you in this investigation, nor am I
required to do so. While the unlicensed practice of law is a felony, it would have to
be investigated as such, charged and prosecuted by the Office of the State Attorney
and not The Florida Bar. This investigation is to determine any wrongdoing that may
or may not conclude with any civil remedies.
You based YOllr request, in part, on the constitution of Florida, the United States and
Gideon v. Wainwright, 372 U.S. 335 (1963). Please note that the Sixth Amendment
standard for effective assistance of counsel does not apply in the civil context.
2. You moved that any evidence that you provided until counsel is appointed to
represent you should be excluded since you were not informed that this investigation
is a criminal matter. As previously stated, this is not a criminal investigation and you
are not entitled to have counsel appointed to represent you. You do have the right to
retain counsel at any time during this investigation.
3. You requested a change of venue outside the State of Florida because you do not
believe that The Florida Bar will fairly adjudicate this matter based on the dismissal
of previous complaints that you filed against lawyers that were later dismissed. This
investigation has to remain in Florida. The unlicensed practice of law is defined, in
part, as "the practice of law, as prohibited by statute, court rules and case law of the
State ofFlorida." [Emphasis added] Rule 10-2.1 (a) Rules Regulating the Florida Bar
Mr. Neil J. Gillespie
Page 2
July 25, 2013
This matter will not be "adjudicated" by The Florida Bar.
4. You asked that I "strike" the "sham order of Judge Martha Cook." I do not have the
authority to strike an order from a judge. You would need to appeal the order to the
appropriate appellate court. I am not a member of the judiciary, nor is The Florida
Bar a tribunal.
5. You asked for the "disqualification of Ghunise L. Coaxum, Bar Counsel, from this
matter for cause" because you believe that I am biased against you and may be
engaged in "proseclltorial overreach and/or misconduct." You cited to Rule 10-5.1 (b)
of the Rules Regulating The Florida Bar wherein you asked for a determination as to
whether your conduct was the unlicensed practice of law. You should note that the
remainder of the rule that you cited provides, in part, that "Bar Counsel may conduct
a preliminary, informal investigation." Such an investigation necessarily involves
getting your response to the allegations.
Additionally, 10-5.1(c) of The Rules Regulating The Florida provides, in part, that
Bar Counsel may refer a file to the appropriate circuit committee for further review.
Accordingly, I have done so and the matter is being reviewed by the local circuit
committee.
As you requested, I will to you through the U.S. Mail. Please note that I only responded to you
via e-mail when you sent a request bye-mail.
If you believe that Judge Cook has committed a criminal act, you nlay bring the matter to the
attention of the local law enforcement agency as that would be beyond the scope of The Florida
Bar.
You assert that I did not respond to your unlicensed practice of law complaint against Mr.
Rodems. As Mr. Rodems is a member of The Florida Bar, he would not be considered a
nonlawyer as defined in The Rules Regulating The Florida Bar. Your issue with Mr. Rodems,
and conduct in the federal court action in which you were involved, should be handled through
the COllrt system by way of an appeal of the court order.
Sincerely,
Ghunise L. Coaxum
Branch UPL Counsel
UPL Department, Orlando
GLC/ct
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THE FLORIDA BAR


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ORLANDO, FL 328011050
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Mr. Neil J. Gillespie

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