Complaint To Florida Bar Association Against Brian Koji

COMPLAINT TO FLORIDA BAR ASSOCIATION This is a compliant against Brian Koji for lying to the Court about a Court Ordered Mediation. As an attorney, Koji has a duty to follow the instructions of the court, knew the rules, and deliberately lied about the mediation to the detriment of a disabled, pro se litigant. RULE 1.720 Mediation Procedures (a) Interim or Emergency Relief. A party may apply to the court for interim or emergency relief at any time. Mediation shall continue while such a motion is pending absent a contrary order of the court, or a decision of the mediator to adjourn pending disposition of the motion. Time for completing mediation shall be tolled during any periods when mediation is interrupted pending resolution of such a motion. (b) Sanctions for Failure to Appear. If a party fails to appear at a duly noticed mediation conference without good cause, the court upon motion shall impose sanctions, including an award of mediator and attorneys' fees and other costs, against the party failing to appear. If a party to mediation is a public entity required to conduct its business pursuant to chapter 286, Florida Statutes, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision- making body of the entity. Otherwise, unless stipulated by the parties or changed by order of the court, a party is deemed to appear at a mediation conference if the following persons are physically present: (1) The party or its representative having full authority to settle without further consultation. (2) The party's counsel of record, if any. (3) A representative of the insurance carrier for any insured party who is not such carrier's outside counsel and who has full authority to settle up to the amount of the plaintiff's last demand or policy limits, whichever is less, without further consultation. FACTS 1. Jenean McBrearty, a disabled pro se litigant, filed a breach of contract suit against South Florida Community College, who retained Brian Koji of Allen Norton & Blue as its attorney of record.

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2. The case was ordered to mediation by Judge Karen Masters. (EXHIBIT 1) Failing mediation, the matter was to be scheduled for trial. 3. Mediation was scheduled with Mary Lau. (EXHIBIT 2). I notified Lau that I would be appearing by phone. (EXHIBIT 3) 4. When McBrearty finished her part of the Pre-trial stipulation, she refused to sign off that a mediation had taken place as directed by the court because Brian Koji did not have an authorized representative having final decision-making authority in attendance. (EXHIBIT 4, last page (B) ) wherein she stated: Plaintiff cannot attest that Brian Koji complied with the Court’s instruction regarding mediation. He did not have the authority to proffer or accept a financial settlement as no representative from SFCC insurance company was present at the mediation. Mrs. Lau asked who was present at the mediation, an only two names were given - Koji and Brown. Plaintiff can attest only that she complied with the Court’s order for mediation. 5. Brian Koji attested, that “SFCC and its counsel attests that they have complied with paragraphs 4, 5, and 12 of the Court’s Order Setting Jury Trial and Directing Mediation” (EXHIBIT4, A) and stated in the footnote: SFCC and its counsel object to Plaintiff’s inclusion of language attempting to “attest” as to defense counsel’s settlement authority and the participation of SFCC insurance representative during mediation, which was held prior to the Court’s issuance of pre-trail order. As defense counsel has previously made clear to plaintiff, SFCC’s insurance representative did appear and participate during the mediation and SFCC, its insurance representative and its counsel did have full authority during the mediation, notwithstanding Plaintiff’s erroneous speculation to the contrary. 6.Paragraph 12 (e) of the Court’s Order Setting Jury Trial and Directing Mediation (EXHIBIT 5) states; Each party shall be represented at the mediation conference by the person who will try the case. The parties must also be present. …. An insured part must also have a representative present with full (not limited) authority to settle the case. A participant who fails to attend, or l4ave the mediation conference before the mediator declares the conference ended or party in attendance with limited authority, is subject to sanctions by the Court. Sanctions may include taxing of fees and costs for the participants and the mediator.

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7. When the case went to appeal, Brian Koji again lied to the Court, stating in his Motion top Strike Plaintiff’s Brief in Its Entirety: The inclusion of references to mediation and settlement are not only procedurally and statutorily improper, but were included in McBrearty’s brief purely to cast SFCC and its counsel in a negative light.1 And in the foot note Koji stated: McBrearty’s assertion that SFCC’s insurance representative did not participate in the mediation is entirely false as the insurance representative participated by phone, as did McBrearty and as approved by the mediator. (EXHIBIT 6 p-3) 8. Every one of Brain Koji’s statements were outright lies, as Mary Lau’s letter of June 25, 2008 (EXHBIT 7) states: In addition to my attending as the mediator, Brian Koji and Mr. Brown attended for the Defendant, The District Board of the Trustees for South Florida Community College, and you attended by telephone with the agreement of the Defendant and its counsel. You will note there is no mention of an insurance representative, either in person or by phone. You will also note that I appeared by telephone with the agreement of defendant and its counsel. Thus any appearance by any other person would have had to have been approved by the mediator and myself prior to the mediation conference. This never happened. Brian Koji lied to the court. The consequences of Koji’s lying are: 1.It engendered animosity by the court directed at McBrearty. Using his position of an attorney who is believed to be ethical and denigrating McBrearty’s position as a pro se, against whom court’s already have a negative bias, Koji was able to escape sanctions for his behavior. This means that McBrearty was/is unable to mount a defense of bad faith when it comes to attorney’s fees. McBrearty went from having a jury trial to owing over 25K in attorney’s fees based on yet another bad-faith offer. 2. His lying directly led to the court’s refusing to hear McBrearty’s Motion for Sanctions against him, and emboldened him to ask the court to deny McBrearty’s constitutionally protected rights to free speech, equal protection and due process. The bad-faith mediation is not the only lie Brian Koji allowed/perpetrated by his defendant. Koji knew from the outset that his clients were liars. Attorney Robert McKee wrote to Defendant and Koji replied that he was going to “set the facts straight” regarding mcbrearty. (EXHIBIT 8). His clients lied about McBrearty contacting the school, asserting that she never contacted defendant. His clients also lied about how Mcbrearty came to leave the Jacaranda Hotel – stating that she left voluntarily when, in

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fact, she was not “evacuated” but evicted from the hotel after hurricane Charley. McBrearty refuted these lies through phone records and a FEMA application. (EXHIBIT 9) Koji deliberately made McBrearty look like a liar, painting her in a false light, and then railed against her when she sought sanctions against him for his libel. Brain Koji deserves to be disbarred. Submitted this __________day of July, 2008. ____________________ Jenean McBrearty

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