Repeated and Continuous Violation of Duty of Professionalism

Mr. Randazza has historically preferred to use the Internet, specifically social media to accomplish his goals of intimidation. As detailed below, Mr. Randazza’s actions range from making general crude remarks about Roca Labs on social media to “tweeting” specifically that Roca Labs’ attorneys are idiots. Most egregiously, Mr. Randazza unearthed a prior, college or law school era mugshot of Roca Lab attorney John DeGirolamo, in an attempt to hurt, humiliate, exploit, and perhaps intimidate him.

Mr. Randazza has breached his duty of professionalism through his actions of being unprofessional in his dealings with Mr. Juravin’s counsels. Mr. Randazza swore at Mr. Juravin’s counsel, Amber Goodwin and used expletives during their conversation. In his dealings with Ms. Goodwin Mr. Randazza has refused reasonable extension requests and has lost his temper communicating with them. He has screamed at them on teleconferences and threatened them with unnecessary and unwarranted bar complaints if they do not comply with his unreasonable requests.

Furthermore, Mr. Randazza has written disparaging comments about Mr. Juravin’s counsels accusing them of being unintelligent and incompetent. Marc Randazza has a longstanding history of verbally abusing Mr. Juravin’s counsels and seeking to induce them to betray Mr. Juravin’s confidences to his benefit. One such example, includes Mr. Randazza requesting that Ms. Goodwin waives Mr. Juravin’s right to contest jurisdiction in a pending case in exchange for giving her an extension to file a response, a common practice even under adversarial conditions.

A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business. A lawyer should demonstrate respect for the legal system and for those who serve it, including other lawyers who may be adverse to his position and his client’s interests. The lawyer’s duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect Mr. Randazza’s actions are a direct violations of the Florida Bar Rules, 4–8.4(c) and 4-4.4 (a).

Don Juravin files this Complaint against Marc Randazza based upon egregious misconduct under the ethical rules and personal persecution of Don Juravin under the guise of the law. His improper actions were not authorized or sanctioned by the law and are in direct violation of the Florida Bar Ethical Rules. “The commission by a lawyer of any act that is unlawful or contrary to honesty and justice, whether the act is committed in the course of the attorney's relations as an attorney or otherwise may constitute cause for discipline.” (Florida Bar Rule 3-4.3)

Applicable Florida Bar Rules

4–3.3(a) (“A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal; (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client; (3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or (4) permit any witness, including a criminal defendant, to offer testimony or other evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative unless so ordered by the tribunal. If a lawyer has offered material evidence and thereafter comes to know of its falsity, the lawyer shall take reasonable remedial measures.”).

4 4–3.4(a) (a lawyer shall not unlawfully obstruct another party's access to evidence);

4–3.4(b) (a lawyer shall not fabricate evidence); 4–3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal); 4–3.4(d) (a lawyer shall not make a frivolous discovery request or intentionally fail to comply with a legally proper discovery request);

4–8.4(c) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation); and 4–8.4(d) (a lawyer shall not engage in conduct in connection with the practice of law that is prejudicial to the administration of justice).

4-4.4 (a) In representing a client, a lawyer may not use means that have no substantial purpose other than to embarrass, delay, or burden a third person or knowingly use methods of obtaining evidence that violate the legal rights of such a person.

Rule 4-8.4 (a-b) A Lawyer shall not: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects.

Rule 4-8.4(d) A lawyer shall not. engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis, including, but not limited to, on account of race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, or physical characteristic.

Rule 4-1.5 An attorney shall not enter into an agreement for, charge, or collect an illegal, prohibited, or clearly excessive fee or cost, or a fee generated by employment that was obtained through advertising or solicitation not in compliance with the Rules Regulating The Florida Bar. A fee or cost is clearly excessive when: (1) after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee or the cost exceeds a reasonable fee or cost for services provided to such a degree as to constitute clear overreaching or an unconscionable demand by the attorney; or (2) the fee or cost is sought or secured by the attorney by means of intentional misrepresentation or fraud upon the client.

Rule 4-3.1(A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification, or reversal of existing law.