Conflict of Interest?

I recently received the following email that raises a question about a possible conflict of interest for Anthony Titone, an attorney who is apparently wanting to represent the Association in some legal matters (see here). I have been told that there has been no response to the request for clarification from that attorney.

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From: Bryan Sklar [mailto:bdsklar@bellsouth.net]
Sent: Friday, June 13, 2008 5:32 PM
To: +1-9547493018@j2send.com; ajtpa@bellsouth.net
Cc: blindie@lawyers.com; inger13@aol.com; 'psychdrsteve'
Subject: Explanation of Anthony Titone - Possible Conflict of Interest
Importance: High

Mr. Titone:

I would appreciate an explanation and determination of how your representation of the Townhouses at Jacaranda is not a conflict of interest and a violation of the Florida Bar Code of Ethics. You have previously been involved – both as the plaintiff’s attorney and defendant’s attorney – in lawsuits with the Townhouses at Jacaranda. Specifically, you are the personal attorney of Daniel and Susan Vermut, as well as the Vermut’s businesses. Mr. and Mrs. Vermut have engaged your services in the past 5 years to sue the Association, and you were engaged by them to sue the Association.

The Association’s attorney, Ms. Beth Lindie (who I have included in this letter) has been the opposing attorney in these cases.

It appears to me that your continuing to represent Mr. and Mrs. Vermut, and their businesses – especially when Mr. Vermut was improperly appointed to the Board (according to the DBPR), and especially when the Vermut’s and their businesses continue to be represented by you in actions before and relating to the Association. Mr. Vermut has in public stated that you will not be charging the Association any fees – is this correct?

Under Article 4 of the Florida Bar Code of Professional Conduct – mainly 4-1 regarding Conflicts of Interest – your actions seem to be a violation of these canons. 4-1.8(b) states that “a lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent”, 4-1.7 states “a lawyer shall not represent a client if:

(1) the representation of 1 client will be directly adverse to another client; or

(2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

To me, it does not seem possible for you to represent both parties without violating the Code or Professional Conduct and ethical requirements of the Bar.

I would appreciate your written response no later than Friday, June 20, 2008 with regards to your actions and whether you believe you have a conflict of interest between your representation of the Association and the Vermut’s and their business interests (or any other unit owner of the Townhouses of Jacaranda).

Thank you for your prompt response.

Bryan Sklar
Unit Owner, Building 20 Unit 2 Townhouses at Jacaranda
8255 W. Sunrise Blvd.
#116
Plantation, FL 33322

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To see public records showing Titone as an attorney representing Vermut in legal actions against TAJ, click here or click on the image below to enlarge it.

BOD In-Fighting Goes Public

I had previously promised to scan and post the papers that were handed out at the June 2, 2008 BOD meeting (see here). The following nine pages were stapled together and distributed to the public audience at that meeting. The first page is the meeting Agenda and the subsequent eight pages are email correspondences that Dan Vermut had with Milton Friedman and Anthony Titone. It appears as though the purpose of the material was to bring some public pressure to bear on H1ll as she is the subject of some of the content of the letters.

Pages 1,2,3 below:

Pages 4,5,6 below:

Pages 7,8,9 below: