John G. White, III
Richman Greer Shareholder
Bar Complaint filed on November 22, 2014
Bar Complaint – November 22, 2014
Mr. John George White, III, a shareholder of the Richman Greer Law firm, and attorney for the Defendant, gave false and purjurious testimony during a hearing held on August 28, 2013. This hearing resulted in the Honorable David E. French of the 15th Judicial Circuit of Florida Dismissing a Complaint with Prejudice and causing me, the Plaintiff in this action, serious injury.
Mr. White testified before the Court on that day, “…the plaintiff keeps filing these lawsuits, they keep getting dismissed, chewing up money, you know, money potentially that’s in the trust and there’s not a lot of it and I think it’s time that Your Honor dismiss it with prejudice.” (Exhibit A, page 11, lines 14-18)
Mr. White continued on line 19, “They’ve had ample opportunity. This is their fourth go around on this and it should be dismissed with prejudice…”
On page 12, line 7 of the transcript I objected to Mr. White’s testimony and said to the court, “… – – This is the first motion to dismiss that this Court has ever heard. He (Mr. White) says this is the fourth. It is not the fourth.”
Mr. White did not take this opportunity to change, modify or further explain his false and purjurious testimony. He let it stand and have its full impact on the court.
This is a very simple situation. Only a trial court judge can dismiss a complaint by issuing an order granting a motion to dismiss.
If Mr. White can provide the orders from the court that show complaints had been dismissed prior to October 28, 2013, then he is not guilty of giving false and purjurious testimony to the court. But, Mr. White will not be able to produce court orders showing that multiple orders were granted involving motions to dismiss before October 28, 2013, because they don’t exist.
Mr. White cannot use the defense that he did not know his testimony was false and purjurious. How could any attorney be so completely unprepared and not have knowledge of the basic facts when going into a hearing? In addition, I have many documents that show Richman Greer knew Mr. White’s testimony was false and purjurious, yet no one from Richman Greer or Mr. White himself, took reasonable remedial measures to disclose the fact to any tribunal as required by the Florida Rules of Professional Conduct.
As per the Florida Bar’s instructions, I have not included the many documents that show Richman Greer was aware of Mr. White’s false and purjurious testimony but they are available upon request.
Mr. White is in violation of the following Florida Rules of Professional Conduct:
- Rule 4-3.3(a)(4) Prohibits a lawyer from offering testimony that the lawyer knows to be false. The lawyer shall take reasonable remedial measures including, if necessary, disclosure to the tribunal.
- Rule 4-3.4(b) Prohibits a lawyer from fabricating evidence.
- Rule 4-8.4(a) Prohibits the lawyer from violating the rules of Professional Conduct or knowingly assisting another to do so.
- Rule 4-8.4(b) Prohibits a lawyer from committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer
- Rule 4-8.4(c) Prohibits a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
- Rule 4-8.4(d) Prohibits a lawyer from engaging in conduct that is prejudicial to the administration of justice.
If Mr. White cannot produce the court orders that would substantiate his testimony, then he was not giving true testimony but instead was fabricating the existence of evidence that does not exist.
Mr. White has caused serious injury due to his false testimony, perjury and by not making any effort to remedy the situation or the serious injury he has caused me, the Plaintiff.
Mr. White’s intention was to mislead the court without regard for the potential injury that could reasonably be foreseen at the time as a result of his misconduct.
Under the Florida Bar Standards for Lawyer Sanctions disbarment is appropriate under 5.11(f) and 6.11(a-b).
This fabricated and perjurious testimony was very prejudicial and damaging.
After the Florida Bar has had an opportunity to investigate this complaint, I ask that the findings be forwarded to the appropriate District Attorney for criminal prosecution under the Florida Statutes §837.07(1)(3) which classifies perjury in official proceedings as a felony of the third degree.
The Florida Statutes §837.07(1-2), Recantation as a defense, does not apply as Mr. White does not meet either of the requirements of the statute.
This is the body of a public record on file at The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300