legal - Letters - The Coastal Star2024-03-29T15:05:01Zhttps://thecoastalstar.com/forum/topics/feed/tag/legalLetter to the Editor: Gulf Stream confident it’s on the right trackhttps://thecoastalstar.com/forum/topics/letter-to-the-editor-gulf-stream-confident-it-s-on-the-right-trac2016-11-02T17:47:20.000Z2016-11-02T17:47:20.000ZMary Kate Leminghttps://thecoastalstar.com/members/MaryKateLeming769<div><p> In 2014 and early 2015, the town of Gulf Stream found itself under assault from Martin O’Boyle and Christopher O’Hare, two residents who overwhelmed the town with thousands of public records requests and dozens of lawsuits. Town Hall became virtually unable to serve Gulf Stream residents. <br /> To defend against this ongoing public records abuse, Gulf Stream brought in legal staff to create a policy to respond to records requests. In addition, Gulf Stream learned through its RICO investigation about other Florida abuses committed by the O’Boyle Law Firm and a related O’Boyle company called Citizens Awareness Foundation, which it added to the town’s defenses in the public records lawsuits.<br /> Since Gulf Stream took these actions, public records requests have dropped from 80-plus per day down to several a week. In addition, there has not been another public records lawsuit against Gulf Stream in over a year and a half. Of the old lawsuits, Gulf Stream won or forced the dismissal of four of them, and won verdicts or forced the dismissal of six additional non-public records lawsuits. <br /> I cannot overstate how the volume of lawsuits and records requests back in 2013 and 2014 overwhelmed our small staff. The clerks regularly worked nights and weekends; they put off other town responsibilities; they hunted through old file cabinets and closed land-use folders trying to respond to requests pouring in almost daily; they called commissioners, board members, past employees and active and retired police to identify documents and their possible locations. But, the quantity of these requests was simply not manageable, and some documents were inadvertently missed.<br /> At no time did staff refuse the legitimacy of O’Boyle’s or O’Hare’s requests or try to prevent them from receiving documents. For example, one such request required production of “All photos of people riding bicycles on N. Ocean Blvd. in the town’s public record.” Since town records go back to its founding in 1925, this request necessitated a needle-in-the-haystack search, and for which we were still sued over a “gotcha” photograph. <br /> A case currently being litigated involves some inadvertently missed documents. Despite a good-faith effort to locate all requested records, missing records constitute a technical violation of the public records law, so the town offered to settle the case. O’Boyle’s settlement demand, however, was so outrageously high that the town concluded it was in its best financial interest to go to trial and let a judge determine reasonable fees. That case was tried recently and there will be a hearing on fees in the near future.<br /> The town is confident that under Florida law, the court will award fees up to the performance of the records request and not beyond. This is why the town elected to try this case, as it will any other case where it appears that O’Boyle built up large attorneys’ fees.<br /> Gulf Stream will continue to defend the remaining O’Boyle and O’Hare lawsuits until our two litigious residents drop the meritless cases and negotiate reasonable settlements in good faith on the others. <br /><br /><em>Scott W. Morgan</em><br /><em>Mayor, Gulf Stream</em></p></div>Gary Lesser Of Lesser, Lesser, Landy & Smith, PLLC Selected As A “Top Lawyer” For 2012 South Florida Legal Guidehttps://thecoastalstar.com/forum/topics/gary-lesser-of-lesser-lesser-landy-smith-pllc-selected-as-a-top2011-12-20T14:51:40.000Z2011-12-20T14:51:40.000ZJON A KAYEhttps://thecoastalstar.com/members/JONAKAYE<div><p><a href="{{#staticFileLink}}7961395481,original{{/staticFileLink}}"><img width="250" src="{{#staticFileLink}}7961395481,original{{/staticFileLink}}" class="align-center" alt="7961395481?profile=original" /></a></p><p>Gary Lesser, managing partner of Lesser, Lesser, Landy & Smith, PLLC has been selected a “Top LAWYER” for the 2012 edition of the South Florida Legal Guide, the region’s premier legal services publication that provides a convenient, easily accessible print and online resource for the region's professional community. Lesser is recognized for his expertise and track record of success in personal injury and wrongful death concentrations.</p><p> </p><p>His recognition is published in the Guide, now in its 12th edition, that features the guide’s annual listings of Top Lawyers, Up & Comers, Law Firms, CPAs, Financial Professionals and Government Attorneys. According to Guide Publisher Jacob Safdeye, top professionals are nominated by their peers and carefully reviewed prior to inclusion to ensure it features “the best of the best”.</p><p> </p><p>Lesser was recently peer-elected to serve on the Florida Bar Association’s Board of Governors, and is a past Chair of The Florida Bar Professional Ethics Committee and Advertising Committee. Recognized again this year by Florida Trend as a Legal Elite, he was also inducted into the magazine’s Florida Legal Elite Hall of Fame (as one of only 67 Florida attorneys recognized as a Legal Elite for at least seven years), and voted again as a Super Lawyer in Personal Injury by his peers.</p><p> </p><p>Lesser is an AV-rated attorney by Martindale-Hubbell for demonstrating the highest level of legal ability and ethics who leads by example and holds LLL&S attorneys and legal and judicial colleagues to the same standard. Concentrating his practice in general personal injury matters, Lesser has handled numerous high profile cases in automobile injury, wrongful/accidental death, premises liability, negligent security, and defective product causing injury. His zeal to balance business success with “give back” and “paying it forward” to community is his hallmark; exceptional client service and advocacy is his promise.</p><p> </p><p>Lesser is an active community advocate and serves on boards and committees for numerous legal associations and community-based organizations, supporting more than 50 vital charitable and business organizations. Under his stewardship, LLL&S was presented the coveted PR News Legal PR Award for Social Responsibility or Philanthropy earlier this -year at the National Press Club in Washington, DC for the firm’s “Business Builds Community; Community Builds Business” initiative.</p><p> </p><p>Lesser, Lesser, Landy & Smith, PLLC (LLL&S), the third oldest law firm in Palm Beach County, was established in 1927 by Joseph H. Lesser in West Palm Beach, and has been serving clients throughout Florida for more than 80 years focusing on serious personal injury and wrongful death cases. LLL&S enjoys a reputation in the community for superior legal skills, hard work, client service and high ethical standards. All Firm partners and associates are "AV" rated by Martindale-Hubbell. LLL&S is very active in the community, and has donated significant time and financial support to numerous charities. The Firm has obtained significant settlements and verdicts over the years and is well known to insurance companies and insurance defense lawyers as skillful advocates. This experience and reputation allows the Firm to obtain the best possible results for its clients at its West Palm Beach, Stuart and Boca Raton offices. For more information, please call (561) 655-2028 or visit the Firm’s website at <a href="http://www.lesserlawfirm.com">www.lesserlawfirm.com</a>.</p><p class="attachment"><a href="{{#staticFileLink}}7961395481,original{{/staticFileLink}}" target="_blank">Gary Lesser (3).jpg</a></p></div>