SHOULDN'T AN ASSOCIATION ATTORNEY RATHER EXPLAIN TO THE BOARD HOW THINGS SHOULD BE DONE  -- INSTEAD OF SENDING THREATENING LETTERS?

An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc.

Published June 18, 2016

I think these letters speak for itself. My response to Martin Joel Tague from the Weinberg law firm is in my opinion the only answer I could give to Tague.

In my opinion he should have rather used his time to explain to the board members how things should be done in his opinion, instead of sending me a 3-page letter threatening to file a UPL complaint against me with the Florida BAR -- a threat that is absolutely empty.

But: What's the big deal? He is supposed to be the attorney -- and I am not!

Frank Weinberg Black

Att. Joel Martin McTague

7805 S.W. 6th Court

Plantation, FL 33324

 

Deland, June 15, 2016

 

Re: Your letter dated June 1, 2016

 

Joel Martin McTague,

 

I am in receipt of your letter dated June 1, 2016. You asked in your letter why you should not refer this matter to the Florida Bar for further investigation by June 30, 2016.

 

Since you are obviously interested in my answer, here is my opinion on this matter: You, as an attorney, should know that quoting statutes is not considered UPL – no matter what old case law you are quoting. If I would have followed your advice and tried to interpret the bylaws of the community, you might have had a case. As you know, I did not!

 

In a recent opinion the Florida Supreme Court ruled that I would have to get paid in order to make my opinion the unauthorized practice of law. I can assure you: I didn’t get paid!

 

As usual, it all comes down to the interpretation of a few words, but you might have mentioned in your letter that it is as easy for the majority of the board to remove an officer from office as it is to fire the association attorney.

 

Let’s make one thing very clear: I understand that you are desperate to keep the valuable account of this association. It makes a lot of money for your law firm. But I hope you didn’t charge the association for writing this letter since the full board was not informed about this issue and didn’t approve the cost for writing such a letter that in my opinion lacks facts! A few board members I talked to informed me about your letter before I had even seen it!

 

I’m gladly discussing this issue with representatives of the Florida BAR in case you follow up on your threat! In my opinion it’s an empty threat!

 

Regards,
Jan Bergemann

President

Cyber Citizens For Justice, Inc. -- 1156 Tall Oaks Rd. – Deland, FL 32720 – E-Mail:  [email protected]

                         This is a scanned copy of the letter I received on June 13, 2016:


NEWS PAGE HOME LEGISLATIVE SESSION 2016