IN RE: Telephone call with Brian S. Kramer, Investigating Member of Florida Bar's Eighth Circuit Grievance Committee.

File No. 2011-00, 073(8B) -----------------------------------/

RECEIVED AT: DATE & TIME:

Home Office Business Telephone Extension of Neil J. Gillespie 30 November 2010 1:57 p.m.

TRANSCRIBED BY: Michael J. Borseth Court Reporter Notary Public

Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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NOTE:

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All calls on the home office business

telephone extension (352) 854-7807 are recorded for quality assurance purposes pursuant to the business use exemption of Florida Statutes Chapter 934, Section 934.02(4)(a)(I), and the holding of Royal Health Care Servs., Inc., v. Jefferson-Pilot Life Insurance Company, 924 F.2d 215 (11th Cir. 1991).

AUTOMATED ANSWERING MACHING: This call is being recorded for quality assurance purposes. MR. GILLESPIE: Hello. MR. KRAMER: Hey, may I speak to Neil Gillespie, please. MR. GILLESPIE: Speaking. MR. KRAMER: Mr. Gillespie, this is Brian Kramer, how are you? MR. GILLESPIE: Good. MR. KRAMER: Mr. Gillespie, I wasn't sure, I guess secretary must have miscommunicated with me. I thought our meeting was going to be in person so I didn't realize until I started looking at my calendar that your phone number was on there and that it probably meant that it was by phone. Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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MR. GILLESPIE: Well -MR. KRAMER: How are you doing? MR. GILLESPIE: The meeting was for tomorrow, right? MR. KRAMER: Actually, it's on my calender for today. MR. GILLESPIE: I have it for December 1st at 1:30. MR. KRAMER: Okay. Well, let me check my calender real quick and see if that is available for me. And if it is -MR. GILLESPIE: But, you know, doing it over the phone might be well, because I'm down here in Ocala and it's just a long ride for me to get up there. MR. KRAMER: I see. Okay. Okay. Well, it's fine, I have time, I have a deposition that starts at three o'clock. I have to leave here at about 2:45. So as long as our conversation today doesn't take longer than from now until 2:45 we could talk now and then if we need to meet in person, we can certainly do that. MR. GILLESPIE: That's fine, I appreciate that. Let me just pull up the file here so I can talk intelligently about this. I'm not that Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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familiar with the process, so that might help. MR. KRAMER: Sure. And as I said in my letter, you know, the information that I have at this point is certainly complete enough for me to do what I need to do and my purpose of contacting you was twofold. One is to make sure there wasn't any other information you wanted the Bar to consider and also to explain the process to you. And essentially, the way the process works is this. You obviously submitted a complaint and that complaint went to the Bar. And there are reviewers at the Bar and they make an initial determination as to whether or not the complaint has enough merit to it on a variety of reasons to go forward in the process. This one obviously does. And so when that is the case it is referred on to the Grievance Committee for the purposes of investigation and to determine what should happen further at that point. And the Grievance Committee takes -- we have -- there are nine members, three are nonmembers of the Bar, six are members of the Bar. And one of them -- one of the committee members is assigned as an investigator. In this case that's me. And that person then no longer is not really a member of the committee for the purposes of voting Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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on what should happen with this case, with the grievance at that point, become an investigator. And my job as the investigator is to gather the information necessary to make a decision on the complaint. And then present that information to the Bar Grievance Committee in a neutral and impartial sort of way. And then the committee makes a decision on what they should do. So part of what I'm doing is contacting you, talking to you. I'm also going to contact and have contacted, and will eventually have a meeting with Mr. Bauer and speak with him. I'll gather any documents that are necessary to make a determination, if there are any. And then present that to the committee. When I present it to the committee it's generally done in a sort of summary format. The committee members have available to them all the documentation of the file. They have already seen all that. They have that. So I present it to them in sort of a summary format; this is what the situation is. This is what's going on. And then the committee decides what should happen at that point. And there are a variety of things that the Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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committee can do. One of them is to do nothing. That's always a possibility. They could say that they don't find any reason to continue on with the grievance. The next thing that they could do in order of severity would be to essentially do nothing but also issue what's call A Letter of Advice. Which is the committee's way of saying, we're not going to do anything to you, we're not going to make this grievance go further than that, but we do believe that what -- your conduct in the case was less than what was the highest standard of conduct for an attorney and here is what we think you should have done as opposed to what you did. And that is not discipline. It's not a form of discipline. It's -- the lawyer could ignore that if they wanted to, but the committee does issue those letters from time to time in certain types of situations. The next thing that the committee could do is make a finding of what's called Minor Misconduct. So if the committee makes a finding of Minor Misconduct, then the committee would also recommend, or the Bar counsel would recommend, sort of a punishment for the person, which is generally Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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either LOMAP, which is a Law Office Management Program that they come into the office and evaluate and assist the attorney in making their office run better. Or ethics school, which is a -- generally a one day lecture on ethics that the attorney has to complete. And that -- a Minor Misconduct does require the attorney who is being grieved to agree that -- to that sanction. If they don't, then it's not an available way to end the case. Then the next thing beyond a Minor Misconduct is a finding of what's called a Finding of Probable Cause. Which is essentially saying the committee believes that there is more evidence than not that the person committed some form of misconduct. That essentially becomes a complaint, not unlike a lawsuit, that's filed in the Court. It's a petition for discipline in the Supreme Court. And then it's handled like pretty much any other civil lawsuit. There's no jury trial entitlement, but there is a trial entitlement, you know, like any other lawsuit. And it's tried by a special master appointed by the Supreme Court, because it is in the Supreme Court of Florida. And then if the person, you know, it goes on from there. If the person is found to have Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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committed some kind of Bar violation, then there is a discipline hearing. And then that goes on to the Supreme Court and it can get complicated from there. But that is the process in a nutshell. MR. GILLESPIE: Uh-huh. MR. KRAMER: Is there any -- do you have any questions about the process? MR. GILLESPIE: Well, I think you have laid it out. I'll go back and look over the notes that I'll make and maybe I'll have some questions then. I'm just looking at this document that was sent to me, the Notice of Assignment of Investigating Member and/or Panel. MR. KRAMER: Uh-huh. MR. GILLESPIE: And I guess that's the latest thing. And I'm also looking at my notes with Ms. Carver. It said that -- I think she said in January is when there is going to be this meeting? MR. KRAMER: Correct. I believe, I want to say the 18th, is the -- it's a Thursday -- Tuesday afternoon, I believe, is when the Bar meets and this case is on the calendar in January. MR. GILLESPIE: Do they just, I mean, meet by themself or -MR. KRAMER: Correct. Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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MR. GILLESPIE: So -MR. KRAMER: It's not a public hearing, it's confidential. MR. GILLESPIE: Would I attend that or could I attend that? MR. KRAMER: Not that hearing. If there is going to be a hearing on the case, like a trial, sort of a small trial, then that is something that the complainant would be invited to and would actually be required to attend. MR. GILLESPIE: Uh-huh. Okay. So that's the next meeting in January that the committee will make some decision about this matter. MR. KRAMER: Probably. Now, I could -- it's theoretically possible that I could present the case to the committee and the committee could tell me, we would like you to do further investigation, we would like you to gather further documentation, go back and speak with other witnesses, if that is necessary. I don't know that that is the case with this particular case. But it's always possible. There are no real time limitations, no one is in any kind of hurry to deal with these cases. So, you know, if they feel like they need more information before Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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they make a decision they certainly will tell me that and I will go back and do it. MR. GILLESPIE: Okay. I guess the other thing is, I guess in some Bar complaints they are simple in the fact that, for example, if somebody, if an attorney just stole money from a trust fund. MR. KRAMER: Uh-huh. MR. GILLESPIE: You're focusing on that one issue. In this Bar complaint it kind of focuses on the entire attorney/client relationship between Mr. Bauer and myself over the period of a couple years. MR. KRAMER: Uh-huh. MR. GILLESPIE: And you know, there's hundreds, perhaps thousands, of documents. Hundreds of e-mails, all kinds of evidence. So it's just difficult to whittle that down, at least from my perspective as an outsider looking in at the process. MR. KRAMER: Uh-huh. MR. GILLESPIE: The other thing that disturbed me about the complaint, how the complaint process worked, was the fact that Mr. Rodems, the other attorney from the other side, injected himself into the complaint process. Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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MR. KRAMER: What is it about that that upsets

MR. GILLESPIE: Well, it just seems untoward that he is now working for the benefit of his former adversary. I don't understand that. MR. KRAMER: Well, I'm not sure that I understand exactly why it would upset you. The Bar is going to gather information from anyone who we, the Bar, thinks is -- has relevant information about the circumstance. And not unlike the fact that you are welcome to present whatever you would like in support of your allegation that Mr. Bauer has committed misconduct, Mr. Bauer is entitled to present whatever he would like to say he did not commit misconduct. What information the Bar actually will consider is up to the Bar. It's not up to Mr. Bauer. It's not up to Mr. Rodems. And it's certainly not up to anyone else to tell the Bar what they're to consider and what they're not to consider -MR. GILLESPIE: Right. MR. KRAMER: -- in determining whether or not there is probable cause to, you know, to determine whether there is probable cause. Once the case is Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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in civil court it is subject to the Rules of Evidence. MR. GILLESPIE: Yeah, I guess my objection is just more of a, you know, layman's complaint. Certainly the Bar can consider whatever it wants. The problem with Mr. Rodems, and just to give you a little bit of my background. I have known this Barker, Rodems and Cook firm for about 10 years now. So I'm very familiar with their reputation and tactics. And also, prior to moving to Florida I operated a business in Pennsylvania, a car dealership for many years. And I have used a lot of attorneys. I'm somewhat familiar with that process. Mr. Rodems really uniquely stands out as a complete and utter liar and there is no tactic beneath him. So that is the problem with Rodems. MR. KRAMER: Uh-huh. MR. GILLESPIE: He's just -- and I think he did almost a disservice to Mr. Bauer who he is apparently trying to help, in that, you know, Mr. Bauer apparently adopted some of these ridiculous talking points of Mr. Rodems which are pretty easily disproved. Whether or not the Bar is Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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going to look at that is another question, but I don't think that helped Mr. Bauer by incorporating a lot of, you know, falsehoods into his responses. MR. KRAMER: Uh-huh, uh-huh. Well, are there any specific examples of things that you would want me to note for the Bar to take back to the committee to say, you know, I spoke with Mr. Gillespie and he noted that the following things were false in Mr. Rodems' response? MR. GILLESPIE: Well, I made a, you know, I responded to all of this in writing and -MR. KRAMER: I read it. MR. GILLESPIE: -- it's pointed out there. MR. KRAMER: Okay. Well, that's fine. And that information I have read it and all the committee members will have that available to them. And I certainly am going to review that with him when I present the case to the committee. But as far as your concern about Mr. Rodems and his ability to make comment or to provide information to the Bar, I don't know that there is anything I can really do to, you know, make you feel better about that. It's sort of the protocol and procedure that's followed on a normal basis. MR. GILLESPIE: Uh-huh. Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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MR. KRAMER: And it's really probably not going to be any different in this case. MR. GILLESPIE: Uh-huh. I mean, I -- of course the Bar wasn't involved with Mr. Rodems' former firm, but I think with his -- when I first got involved with that firm, if the Bar had taken action on matters that were in the press it would have at least alerted me as a client that these guys were outrageous. I mean, Mr. Alpert, his partner, you know, threw a cup of coffee on opposing counsel during a mediation. That doesn't get any reprimand from the Bar? It just seems outrageous. MR. KRAMER: Are you asking me that? MR. GILLESPIE: Pardon? MR. KRAMER: Are you asking me whether or not in theory if that occurred would that render a reprimand from the Bar? MR. GILLESPIE: Yes. MR. KRAMER: I suppose it would. I mean, it certainly could be a crime as well, it could be battery to do that. MR. GILLESPIE: Well, that's what the police report said. MR. KRAMER: Uh-huh. Yeah, I suppose. I Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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don't know. Of course that is not before this committee, but I certainly think that the Bar would be concerned about physical violence between attorneys. MR. GILLESPIE: Uh-huh. Well, I mean, nothing ever happened with it. MR. KRAMER: I don't know. I don't really -I wish I could comment more. I don't know. I mean, because I really don't know about the circumstances that you're discussing. I mean, I'm considering it on a hypothetical level. MR. GILLESPIE: Well, a lot of this which I am telling you now is in my responses. MR. KRAMER: Uh-huh, I know. Oh, I have read it, yeah. MR. GILLESPIE: Uh-huh. So with that kind of background with the Bar just ignoring that, this doesn't give me much confidence that the Bar is going to do anything in this case. The only thing that I see -MR. KRAMER: Well, what I can tell you with regard to that, other than to tell you that, you know, the way that, you know, that justice is usually dispensed in our particular culture is through the following protocol and procedure. And Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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you know, that's why we really call it procedural justice, because you can't guaranty an outcome. All you can really guaranty is that if a procedure is followed then that is procedural due process. That's procedurally being fair to a person. Outcomes, you know, because it's a human system and it's run by humans, the outcome itself can be flawed. Many times people are dissatisfied with the outcomes of our justice system, whether it's civil or criminal. Or in your case this is more of an administrative situation. But if we follow the process that's essentially the best that we can do. And while I can't assure you that you will be satisfied with the outcome, I can assure you that we will follow the process that is presided by law. MR. GILLESPIE: Uh-huh. I'm sure you will. But again, I'm looking at it as an outsider. And I just, from what I know of the Bar, they usually don't do much. Another case that I'm familiar with is an attorney that stole almost a million dollars from his clients. MR. KRAMER: Uh-huh. MR. GILLESPIE: He faced no discipline. He Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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was allowed to resign with leave to reapply in five years. And he received no jail time. So you know, these are the cases I'm familiar with. MR. KRAMER: As am I. I certainly don't disagree with you that there are cases like that that occur where one looking at it from the outside would be alarmed or dismayed by the lack of discipline handed out by the Bar. Those do exist, I agree. MR. GILLESPIE: The only thing I see that is working against Mr. Bauer is that he took up litigation against another attorney. So that I don't think is going to be helpful to him, but again, that's just my view as an outsider. MR. KRAMER: Well, I can tell you this, I don't think that that is something that the Bar is going to be concerned about. I have never in any meeting I have ever been in, never heard any sort of bias against an attorney because they litigated against another attorney on, you know, one attorney suing another. I haven't heard that in a Bar meeting I have ever been involved with. I can understand why that might be your perception. I think that there are other things that are more concerning for Mr. Bauer with your particular Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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circumstance. MR. GILLESPIE: Well, a lot of things in this world aren't spoken. Some of the most powerful statements go unspoken. MR. KRAMER: I agree. MR. GILLESPIE: But other than that, that's my view of things. MR. KRAMER: Okay. MR. GILLESPIE: I don't really have many expectations. Really this is a matter between the Bar and Mr. Bauer. MR. KRAMER: Correct. MR. GILLESPIE: I view myself as just a casual observer at this point. MR. KRAMER: And that's a very good attitude to take towards this, the situation. I appreciate it. I think that that's the right attitude to take, you know. But I'll tell you what, when I speak with Mr. Bauer, if he raises any issues that I think need to be readdressed with you, I would be happy to get back in touch with you, either in writing or in person, by telephone to discuss it and see if, you know, if there's any comment you have. You know, most of the time the things that people are most interested in in these type of Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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situations are fees that they paid returned to them, those type of things. The Bar doesn't have any jurisdiction to handle that problem and it's something that has to go on between you and the attorney. MR. GILLESPIE: Uh-huh. MR. KRAMER: So, you know, most of the time people are really -- they're dissatisfied to begin with on that level, you know, they're saying, well, you can't really do what I want. You know, that is not even a possible outcome. So, you know, I think you understand this quite well. You know, I think you understand the nature of the circumstances. MR. GILLESPIE: Uh-huh. MR. KRAMER: But if you have any questions, you're free to call me, let me know. I'll be happy to get back with you. MR. GILLESPIE: Well, you know, just on that issue. MR. KRAMER: If I have anymore questions I certainly will call you. MR. GILLESPIE: Yeah, just on that issue because you raised it, I'm familiar with that, you're not in a position to return fees. However, an attorney I spoke with, actually consulted and Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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paid him to review this matter, it was his opinion that since Mr. Bauer constructively changed his billing from an hourly rate to a contingent fee basis, that that was grounds to reevaluate the fees in this matter, because there was a change. MR. KRAMER: You mean in civil court? MR. GILLESPIE: Pardon? MR. KRAMER: In -- like in civil court or for the Bar to do so? MR. GILLESPIE: Well, you know, that's a legal question. That's what this attorney told me as -MR. KRAMER: All I can tell you, Mr. Gillespie, is that I have never seen a circumstance where the Bar has even discussed the idea of making an attorney do something with fees. Like return fees, that type of thing. It's just not something that comes up. Now, if the attorney you spoke with was telling you, I think you could sue him in civil court and recover your fees because he changed the contract, a contingency fee contract to a fee for -- from a fee for services to a contingency fee contract and that because he did that and made not recovery on your behalf you would be entitled to return of the fees that you paid. I think he has a Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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sound legal theory. You know, I don't -- I can't criticize that legal theory. Whether or not that is factually true in your circumstance, I don't have the first clue. MR. GILLESPIE: Yeah, and that is not exactly -MR. KRAMER: As far as the Bar is concerned, I know of nothing that would allow the Bar to require Mr. Bauer to return fees to you. MR. GILLESPIE: Uh-huh. Well, that's not exactly how it was presented, but I believe your statement that the Bar is not going to get involved in having an attorney return fees. MR. KRAMER: Correct. MR. GILLESPIE: If they let an attorney steal a million dollars from clients that the attorney had no claim over without mandating he return that, they're certainly not going to get involved in fees, right? MR. KRAMER: Yeah, and understand that, you know, what you're talking about with this trust fund theft, it's also a criminal offense. And I don't know whether that particular attorney was prosecuted or not prosecuted. MR. GILLESPIE: There was five counts of grant Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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theft. MR. KRAMER: Uh-huh. MR. GILLESPIE: The Judge determined that, I mean, he pled guilty so there was no question about the guilt. He pled guilty to five counts of grand theft and received probation. MR. KRAMER: Right. MR. GILLESPIE: No jail time. MR. KRAMER: Just as an aside or a side note, you also should understand that if he was adjudged guilty, meaning the judge found that he committed the offense and adjudged him to be guilty and he was a convicted felon, no convicted felon can be a member of the Florida Bar. So that person, regardless of whether they were allowed to reapply, wouldn't be eligible to reapply because they couldn't pass the background check. You can't be a convicted felon and be a lawyer in Florida. Even if the person had adjudication withheld, meaning that the judge made no direct finding of guilt, placed him on probation, you still when you reapply under those circumstances, you're suspended more than 91 days. If you reapply to the Bar you still have to pass the background check. The could be very Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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difficult if you have five counts of grand theft in your background, if not impossible. MR. GILLESPIE: Uh-huh. Well, you know, I just don't know enough about the law to respond to that. I'm just saying what the facts were at the, you know, at the trial. I mean, there was a trial. MR. KRAMER: Uh-huh, yeah, yeah. Well, and you know, like you say, sometimes it's easier to talk about these things in the abstract than it is to talk about -- unless you have the entire information in front of you it's hypothetical and you're speaking in the abstract. You know, if you have the entire file in front of you it sometimes becomes much more clear. MR. GILLESPIE: Okay. Well, I'll go over what we discussed today. If I have any other questions -MR. KRAMER: Absolutely, give me a call. MR. GILLESPIE: There's a lot of documentation that because of the limits of 25 pages in responses it wasn't able to be put forth. MR. KRAMER: Uh-huh. MR. GILLESPIE: But that's all I can tell you. MR. KRAMER: Right. MR. GILLESPIE: All right. So -Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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MR. KRAMER: Yeah. MR. GILLESPIE: I guess -MR. KRAMER: I don't know, Mr. Gillespie, I don't know that that 25 page limit applies now. Okay. Understand that I believe that that 25 page limit only applies to the initial complaint, in that you can reference, you can make reference to documents to be quote available upon request. So that the Bar investigator can look at 25 pages of information and make a determination as to whether or not they want more information. Now, if you want to forward me whatever information you want the Bar to consider, you can forward it to me. If it's more than 25 pages, it's fine. MR. GILLESPIE: All right, well, I know there were Mr. Bauer's reply and my rebuttal were also limited to 25 pages. MR. KRAMER: Correct. MR. GILLESPIE: Okay. You know what, I made the original -MR. KRAMER: I don't believe that that applies at this point in the proceedings, Mr. Gillespie. I think that at this point if there is other information you want me to consider, you want me to Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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present to the Bar that supports your claims that you think they should consider, I would encourage you to present it to me. Understand that, you know, if you present to me, you know, 10,000 pages of documents, it's very helpful for me to have some form of index or guideline as to which specific documents you should -- I should consider. You know, the totality of the circumstances type thing that you were kind of alluding to at the beginning of the conversation, that is a very difficult thing to deal with from the Bar's perspective because the Bar looks at specific instances of conduct; you did this act and this act. It's either violative of the rules or it is not violative of the rules. To say that your entire conduct in some way generally fell short of what's expected, I have never seen anything like that. We generally look to very specific instances of conduct. MR. GILLESPIE: Well, right, you know, when I filed the complaint initially I mistakenly sent more than 25 pages. MR. KRAMER: Right. MR. GILLESPIE: In fact, it was mostly exhibits and it came to about 100 pages. Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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MR. KRAMER: Uh-huh. MR. GILLESPIE: So that was returned. And I guess I'm guessing the original complaint was about 17 or 18 pages and I just selected a few exhibits to attach. MR. KRAMER: Mr. Gillespie, if it's a hundred pages I would be glad to read it. MR. GILLESPIE: And all it is is documents, you know, evidence. MR. KRAMER: Uh-huh. MR. GILLESPIE: So I'm sure I still have that here in the file. That would be easy just to pop that in the mail to you. MR. KRAMER: Go ahead and do that. MR. GILLESPIE: In fact, I had it all put on CD as well. MR. KRAMER: Then send me a CD and I can look at it that way. You don't even have to send me paper copies. MR. GILLESPIE: Uh-huh. So -MR. KRAMER: I mean, a hundred pages is nothing. If you're going to send me 10,000, that is a lot of pages for me to go through. A hundred pages I can read over. MR. GILLESPIE: You know, one of the -- just Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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off the top of my head, a couple of -- one of the most serious problems was when Mr. Bauer failed to inform me of the requirements to fill out a Fact Information Sheet, which in turn led to me being found in contempt of court. MR. KRAMER: Yes. MR. GILLESPIE: And then I guess he borrowed one of Rodems' talking points for an excuse about that. MR. KRAMER: Uh-huh. MR. GILLESPIE: That was a real problem. MR. KRAMER: Uh-huh. MR. GILLESPIE: And then later on when he agreed to do this as a contingency and he refused to sign the contingency agreement or do it as a contingency. Because when the documents arrived he also sent me a release, which we did not talk about. I just felt that if I signed the release that he would just throw the case to get rid of it. So I didn't sign a release. And -- but I did sign and return to him the contingent fee agreement and I never heard back from him -MR. KRAMER: Uh-huh. MR. GILLESPIE: -- on that issue. MR. KRAMER: Well, if you want to send me Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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documentation along those lines I would be happy to review it. MR. GILLESPIE: Well, yeah, you know, that was -- that's in the hundred pages, I believe. MR. KRAMER: Well, I would be happy to review those hundred pages for you. MR. GILLESPIE: I'll get that in the mail and we'll go from there. MR. KRAMER: Okay, Mr. Gillespie. Well, if anything else comes up please feel free to give me a call or, you know, if you review your notes in this conversation and something triggers other questions in your mind, I would be happy to talk with you again. MR. GILLESPIE: Okay. So just to clarify, our meeting for tomorrow is off then. MR. KRAMER: Yes. Although, if you feel like you need to come down here and meet with me in person, I will make -- I will keep the meeting tomorrow or I'll make another appointment for you. MR. GILLESPIE: No, it's better, because it's too difficult for me to get down there, if we can do it by phone. MR. KRAMER: Okay. MR. GILLESPIE: I'm not in good health and Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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that is a lot of traveling. MR. KRAMER: I understand. MR. GILLESPIE: Thank you, sir. I appreciate your call. MR. KRAMER: Take care, Mr. Gillespie. MR. GILLESPIE: All right. MR. KRAMER: Bye bye. MR. GILLESPIE: Bye. (Whereupon, the above recording was concluded.)

Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF FLORIDA

C-E-R-T-I-F-I-C-A-T-E

COUNTY OF HILLSBOROUGH

I, Michael J. Borseth, Court Reporter for the Circuit Court of the Thirteenth Judicial Circuit of the State of Florida, in and for Hillsborough County, DO HEREBY CERTIFY, that I was authorized to and did transcribe a tape/CD recording of the proceedings and evidence in the above-styled cause, as stated in the caption hereto, and that the foregoing pages constitute an accurate transcription of the tape recording of said proceedings and evidence, to the best of my ability. IN WITNESS WHEREOF, I have hereunto set my hand in the City of Tampa, County of Hillsborough, State of Florida, this 7 April 2011. MICHAEL J. BORSETH, Court Reporter

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Michael J. Borseth Court Reporter/Legal Transcription (813) 598-2703