[RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below?

Wed May 9 10:57:32 PDT 2012

Here is the rule:

RULE 4-3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL states, in part, as follows: “A lawyer shall not: . . . (g) present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter.”

I think Dan is right.

Andrea M. Fair-Purcell
Board Certified Construction Attorney
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FAIR•LAW•PLLC
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13046 Racetrack Road #236
Tampa, FL 33626
(813) 412-1077 phone
(877) 879-4990 fax
www.fairconstructionliens.com<http://www.fairconstructionliens.com>

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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Daniel Moody
Sent: Wednesday, May 09, 2012 12:55 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below?

I haven't researched the issue in quite some time, but it is my understanding that it would be extortion to threaten criminal prosecution, but not if the threat is one of filing an administrative complaint or initiating an administrative proceeding.

Daniel L. Moody, Esq.
Moody and Shea, P.A.
14501 Walsingham Road
Largo, Florida  33774

Phone:  727-596-3000
Fax:  727-596-3006
email:  dmoody at moodyandshea.com<mailto:dmoody at moodyandshea.com>

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-----Original Message-----
From: constructionlaw-bounces at lists.flabarrpptl.org<mailto:constructionlaw-bounces at lists.flabarrpptl.org> [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H.
Sent: Sunday, May 06, 2012 3:33 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below?
Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation.  It is considered extortion.  On the other hand, Older GC can just report the conduct.  After he does so, often times, the CILB will require restitution.  Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint.

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.com<http://www.arnstein.com/>

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598
Fax: 561.802.3082
Shsakwa at arnstein.com<mailto:Shsakwa at arnstein.com>

Offices in Illinois, Florida, and Wisconsin

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From: constructionlaw-bounces at lists.flabarrpptl.org<mailto:constructionlaw-bounces at lists.flabarrpptl.org> [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of mromm at rommlaw.com<mailto:mromm at rommlaw.com>
Sent: Sunday, May 06, 2012 3:24 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below?
Financial Irresponsibility????  Scenario below?

"I introduce "Younger GC" to   "Older GC" and younger GC goes to work for older GC's company.  Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many.  Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs.  It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter)  to pay back the loan.  He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money.  Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or,  is this improper for older GC to make the threat in order to get paid the money back.

Michael Romm
Michael R. Romm, P.A.
1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
mromm at rommlaw.com<mailto:mromm at rommlaw.com>

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