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Theodore P. Littlewood Jr., Bar Counsel September 14, 2012Attorney Consumer Assistance ProgramThe Florida Bar 651 East Jefferson StreetTallahassee, FL 32399-2300Re: Eugene P Castagliuolo; The Florida Bar File No. 2013-10,162 (6D)Dear Mr. Littlewood:This is my rebuttal to Mr. Castagliuolo's response in the above captioned complaint
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. Please keepin mind that I hired Mr. Castagliuolo to prepare me for, and attend, a court-ordered deposition
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.I did not need the services of Mr. Castagliuolo to accept a “walkaway” settlement. Mr. Rodemsoffered a “walkaway” settlement on at lease six (6) separate prior occasions,
see
 Plaintiff’s FirstAmended Complaint, Count 11, Abuse of Process, at ¶234, provided on request.I. Evidence of Racketeering Activity1.Mr. Castagliuolo admitted in his written response August 30, 2012 that Mr. Rodemsmade an unsolicited offer to assist Castagliuolo in any future Bar grievance from me. (p.3, ¶1):“My opposing counsel at Gillespie's deposition was Ryan Christopher “Chris" Rodems.Chris once remarked to me, unsolicited, that he would be happy to speak to The FloridaBar on my behalf if Gillespie grieved me the way he did Bob Bauer.”This shows how the discipline process is compromised, in this case by Mr. Rodems, who’smisconduct is at the center of this matter. It suggests a pattern of racketeering activity whereadversaries know in advance how to position themselves to avoid discipline. In this case it mayhave caused Mr. Castagliuolo to work for the benefit of Mr. Rodems instead of me, his client.2.Mr. Baue
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 sent me a letter dated August 24, 2012 stating that Mr. Rodems’
 
“SettlementAgreement and General Mutual Release” of June 21, 2011 does not bind him, it binds me. Theletter appears at Exhibit 1 to this rebuttal. This is the operative quote:Mr. Rodem's (sic) release dated June 21, 2011 does not have any legal effect on theamount of money that is owed to this firm. Further, it does not bind this firm in any way.I (sic) does bind you - but not us.I was shocked by Mr. Bauer’s statement, as Mr. Castagliuolo made the decision to accept thissettlement. I do not understand how a settlement can only bind me. Castagliuolo never explained this to me. I believe this is further evidence that Mr. Castagliuolo worked against my interest. 
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I received Mr. Castagliuolo's response by email September 7, 2012 at 2:24 a.m. Mr. Castagliuolo is on my blocked email list and his email was quarantined in my spam filter since it was sent by Castagliuolo September 4, 2012 at4:56 p.m. This is five days after the August 30, 2012 date on Mr. Castagliuolo’s response to you.
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 This was a full deposition after the case was closed, after final summary judgment was entered in favor of Mr.Rodems’ law firm and partner, and while the case was on appeal in 2D10-5197.
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 Mr. Castagliuolo presented evidence in his response concerning Robert W. Bauer, a referral from the Florida Bar Lawyer Referral Service (LRS) who formerly represented me. I’ll address that evidence later in this rebuttal.
 
Theodore P. Littlewood Jr., Bar Counsel September 14, 2012Re: Eugene P Castagliuolo; The Florida Bar File No. 2013-10,162 (6D)Page - 2II. Mr. Castagliuolo Made the Decision to Settle June 21, 20113.Mr. Rodems asserted in U.S. District Court, case 5:10-cv-503, that Mr. Castagliuolomade the decision to settle, see Response to “Plaintiff Neil J. Gillespie’s Motion To Strike Or SetAside Mr. Rodems’ Notice Of Assignment of Claims And Motion For Dismissal Of Action WithPrejudice” [DKT 33] (Doc. 40). Mr. Rodems wrote this at footnote 1: (relevant portion)The settlement agreement was signed by Gillespie while sitting next to his attorney. Infact, in deciding whether to sign it, Gillespie stated to his attorney, “I’ll defer to your  judgment on this.” Gillespie’s attorney stated, “I’ve already given you judgment in private, and I’ll give it to you on the record. I think this is -- this is an agreement youwant to enter into, and I think it is in your best interest.”Page 1 of Mr. Rodems’ Response (Doc. 40). appears at Exhibit 2 to this rebuttal, and on PACER,
Case 5:10-cv-00503-WTH-DAB Document 40 Filed 07/14/11 Page 1 of 2 PageID 1350.
The transcript of the June 21, 2011 deposition where Mr. Castagliuolo represented me shows hemade the decision for me to accept Mr. Rodems’
 
“Settlement Agreement and General MutualRelease”. The following is from a deposition excerpt, page 9 of 19 filed by Mr. Rodems asExhibit 1 to his Response at Doc. 40,
Case 5:10-cv-00503-WTH-DAB Document 40-1 Filed07/14/11 Page 9 of 19 PageID 1360.
A copy appears at Exhibit 3 to this rebuttal.
14 MR. GILLESPIE: I'll defer to your15 judgment on this.16 MR. CASTAGLIUOLO: I've already given17 you judgment in private, and I'll give it to18 you on the record. I think this is -- this is19 an agreement you want to enter into, and I20 think this is in your best interest.
This deposition excerpt is presented to impeach Mr. Castagliuolo’s response at Exhibit A, myemail of June 21, 2011 at 6.33 p.m. where I mistakenly believed I made the decision to settle.The deposition excerpt, submitted by Mr. Rodems to the court, establishes the fact of who madethe decision to settle: It was Mr. Castagliuolo. While I do not have independent memory of writing this email, it does appear on my computer, and shows how my disability manifests in theform of confusion. In addition, generally I was attempting to placate Mr. Castagliuolo and avoid his explosive anger, which is evident in his response to you of August 30, 2012. Once I wasreleased from custody June 21, 2011 and had a meal, I realized the settlement was a mistake and  promptly disaffirmed the agreement by written notice to Mr. Rodems, Mr. Castagliuolo, and Major James Livingston of the HCSO. This also shows I was under a delusion that Castagliuolowas providing me zealous advocacy. Castagliuolo’s loyalty was with the legal system, not me,specifically his loyalty to the 13th Judicial Circuit where he and his daughter practice law.4.Mr. Rodems also asserted to the 2dDCA, case 2D10-5197, that Mr. Castagliuolo madethe decision to settle, see Appellees’ Response To Appellant’s Motion To Reinstate Dismissed Appeal, submitted July 15, 2011. Mr. Rodems told the 2dDCA:
 
Theodore P. Littlewood Jr., Bar Counsel September 14, 2012Re: Eugene P Castagliuolo; The Florida Bar File No. 2013-10,162 (6D)Page - 3Appellant signed the Settlement Agreement and General Release before a notary public,while seated next to his attorney, and after consulting with his attorney. In fact, indeciding whether to sign it, Appellant stated to his attorney, "I'll defer to your judgmenton this." Gillespie's attorney stated, "I've already given you judgment in private, and I'llgive it to you on the record. I think this is -- this is an agreement you want to enter into,and I think it is in your best interest."Mr. Rodems also asserted this falsehood to the 2dDCA in his opening paragraph: “On June 21,2011, Appellant Neil J. Gillespie voluntarily appeared, with his attorney, for a deposition in aid of execution relating to Appellees' Final Judgment...”. The record shows this was an improper,full deposition, post-final summary judgment which was on appeal in 2D10-5197. Once final judgment is entered, the need for discovery is over. Berger v. Riverwind Parking, LLP, 836 So.2d 1073 (Fla. Dist. Ct. App. 5th Dist. 2003). A copy of Rodems’ 2dDCA Response is available.III. Mr. Castagliuolo Fired June 9, 2011 - He Threatened Me, Refused Rule 4-1.16 Refund 5.I fired Mr. Castagliuolo June 9, 2011 at 12.44 p.m. after he became enraged over thenumber of documents I sent him. After termination of our agreement, Mr. Castagliuolo refused to refund advance payment of a fee that had not been earned 
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. Castagliuolo emailed me themessage below June 9, 2011 at 12.51 p.m. A paper copy of the email appears at Exhibit 4.Dear Mr. Gillespie:Under no circumstances will I be refunding any fee paid to me by you on Friday, June 3,2011. In that you have discharged me as your attorney, please do not contact me again byany manner whatsoever except through counsel.Should you insist in contacting me again without the assistance of counsel, I shallimmediately report your contact to law enforcement and I shall prosecute you to the fullextent of the criminal law. I'm a former prosecutor, so If you think I'm bluffing, please tryme.
YOU HAVE BEEN FOREWARNED. CONDUCT YOURSELF ACCORDINGLY.
Eugene P. CastagliuoloAfter June 9, 2011 I considered Mr. Castagliuolo unstable and potentially dangerous. Mystrategy for dealing with Castagliuolo was to use positive reinforcement, passive agreement, praise and giving small gifts, etc., in order to get through the deposition, and later rescind theimproperly-obtained settlement agreement. It was a flawed strategy, with no viable option.6.My options on June 9, 2011 were severely limited, due to an active arrest warrant againstme. I was not in a position to go out and meet with other lawyers. I had to stay home with thedoor bolted and the windows covered. Also, I gave Mr. Castagliuolo $1,000 cash June 3, 2011,which represented over half my Social Security disability income. After paying water, electric, 
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 Rule 4-1.16(3), lawyer discharged; comment: A client has a right to discharge a lawyer at any time; upontermination, a lawyer should refund to the client any advance payment of a fee that has not been earned.

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