Appellate court rules that communication in law firm shooting was not privileged
- Landmark case moves forward -
The State of Florida - fourth district court of appeals issued a ruling on March 17, 2004 that sent a resounding message forward in a case concerning attorney client privilege, premises liability and failure to warn of danger when it found that the threats made Charles Thomas Ott in the Boca Raton law offices of Hodgson, Russ, LLP in front one of its partners, was not attorney client privilege.
Charles Thomas Ott and his sister Margaret Ott Jones were embroiled in a probate dispute arising out of their mother's estate. Unbeknown to Jones, Charles Ott felt great anger towards her. In the fall of 2001, Ott and his wife held a meeting with their lawyer, at Hodgson, Russ offices in Boca Raton. The purpose of the meeting was to discuss how the estate dispute should be resolved. Suddenly and without warning Ott stood up and proclaimed in an angry state to his attorney, "If you guys can't get this done right, I guess I am going to have to kill her," (referring to sister). His attorney acknowledged Ott's threat to his sister by stating he was an officer of the court and did not want to hear any more talk like that, at which time Ott left the law firm conference room.
Subsequent to this particular meeting, the Court ordered mediation regarding the estate dispute to be held at the Palm Beach County Courthouse. However, the attorney and Hodgson, Russ, even with the knowledge that Ott had threatened to kill his sister, requested that the mediation take place at their law offices rather than the secure environment of the Courthouse. On February 20, 2002, Ott and Jones were present at Hodgson, Russ for the court ordered mediation. During the mediation Ott, without warning stood up, removed a concealed .38 caliber pistol, shot his sister five times in the head, fled the building and eventually killed himself.
The matters related to the estate have settled, however the family's lawsuit against the law firm will go forward.
"The court of appeals ruling is important on a number of levels," said Ted Leopold, partner in the Palm Beach Gardens based law firm of Ricci~Leopold. "This case is not about the person committing the crime, it is about the fact that Hodgson, Russ had a responsibility to protect all parties involved in this mediation. Despite having knowledge of Mr. Ott's threats Hodgson, Russ affirmatively acted to change the location of the mediation from the protected environment of the courthouse to their unsecured offices in Boca Raton. Moreover, the court has ruled that Ott's threats in a meeting in a lawyer's offices were not attorney/client privileged. Charles Ott stated quite clearly to his attorney what he intended to do. Sadly the fact that Hodgson, Russ created the environment for Charles Ott to carry out his actions resulted in Margaret Jones death. Additionally, in this case, the court has stated quite clearly that Hodgson, Russ would not have violated any ethical rules by disclosing the extreme threatening statements made by Mr. Ott," Leopold concluded.
Theodore J. Leopold is a partner in the law firm of Ricci~Leopold, P.A. The firm founded in 1982, has five attorneys and is headquartered in Palm Beach Gardens, Florida, with offices located at 2925 PGA Blvd. Mr. Leopold can be contacted at 561-684-6500. Additional information about this suit may be obtained from the firm's website at www.riccilaw.com. Click "News & Events" on the menu bar at the left on the firm's homepage, then "Legal News" then "Legal News & Updates," then "Ott Case."
Mr. Leopold is available at the Ricci~Leopold offices and by telephone for media interviews.
