Case Involving Muder At Boca Raton, Florida Law Firm Offices Settles on the Eve of Trial
- Landmark case settles -
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 his 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 Hodgson, Russ law firm, 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 settled four months ago. On the eve of trial an out-of-court settlement was reached by Theodore Leopold, partner in the Palm Beach Gardens based law firm of Ricci~Leopold on behalf of James Trube - personal representative of his mother, Margert Ott Jones estate, against the Hodgson Russ law firm where the murder of his mother took place.
The case is remains noteworthy in the fact that the State of Florida - fourth district court of appeals issued a ruling on March 17, 2004 that sent a resounding message forward in matters 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.
"We are pleased to have reached a favorable settlement for Mr. Trube on behalf of his mother's estate," said Leopold. "This tragic and untimely death will haunt him and everyone involved for the rest of their lives, yet, the final disposition of this case allows them to put at least the legal issues to rest," he added.
"A very sad case for all those involved, though very important on a local, regional and national level," said Leopold. "The March court of appeals ruling is important on a number of levels. The case was not as cut and dried as addressing the actions of the person committing the crime, it was 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 ruled that Mr. 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. Tragically for Margaret Ott Jones and her surviving son and friends, the fact that Hodgson, Russ created the environment for Charles Ott to carry out his actions resulted in her murder. In this case, the court stated clearly that Hodgson, Russ would not have violated any ethical rules by disclosing the extreme threatening statements made by Mr. Ott. This is a case that all law firms will consider when accessing situations involving mediations and depositions where emotions run high and individuals have stated or even demonstrated behavior that would at some point in time put those involved in the proceedings at risk of injury or tragically in this case, death," concluded Leopold.
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."
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Mr. Leopold is available at the Ricci~Leopold offices and by telephone for media interviews.
