Fellow Construction Attorneys,

I wish I had known this before: so that you do not make the same mistake I did and wind up in my predicament (unable to retain your chosen expert), when attempting to retain John Jones of Dart Engineering, LLC as an expert, do not request his rate sheet. Unfortunately, because of this slip-up, I must begin the process of locating a qualified expert for my client, anew.

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image001.png@01CF2440.83C61F20]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Friday, February 07, 2014 8:10 PM
To: Rouselle "Bo". Sutton III
Cc: 'redacted'
Subject: RE: [Redacted]

I'm not interested in working for a firm that selects it experts based on price.  Get someone else.

John A. Jones, PE, CBO
President
Dart Engineering, LLC
407-831-1200
www.dartengineering.comhttp://www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Friday, February 7, 2014 4:11 PM
To: 'John Jones'
Subject: RE: [Redacted]

John,

I have approval to retain a [redacted] expert. Can you send me your rate sheet, so that I can get you approved as a candidate?

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image001.png@01CF2440.83C61F20]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Wednesday, February 05, 2014 9:22 AM
To: Rouselle "Bo". Sutton III
Subject: RE: [Redacted]

My CV is attached FYI.

John A. Jones, PE, CBO
President
Dart Engineering, LLC
407-831-1200
www.dartengineering.comhttp://www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Wednesday, February 5, 2014 8:53 AM
To: 'redacted'; 'John Jones'
Subject: RE: [Redacted]

John,

You and I have been in two cases together. The first was [redacted]. I represented the building owner. I think your client was [redacted]. The second was [redacted]; your client was [redacted]. I represented [redacted].

While I don't currently have the authority to retain any additional experts in a case I have in [redacted], I am exploring potential [redacted] experts. We anticipate hiring a [redacted] expert, and your name came up as a candidate.

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image001.png@01CF2440.83C61F20]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

[redacted]

This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com

Bizarre.

Denise Hammond, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Ave., Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
dhammond@wfmblaw.commailto:dhammond@wfmblaw.com
www.wfmblaw.comhttp://www.wfmblaw.com

CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.

IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S. Treasury Department regulations, we hereby advise you that, unless otherwise expressly stated, any and all tax advice contained in this communication has neither been written nor intended by the sender or this firm for the use of any taxpayer for the purpose of evading or avoiding tax penalties that may be imposed pursuant to U.S. law.  Furthermore, unless otherwise expressly indicated, the use of any tax advice contained in this communication has neither been written nor intended by the sender or this firm for the purpose of promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, and such taxpayer should seek advice on the taxpayer's particular circumstances from an independent tax advisor.

Replies Filtered:  Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Rouselle "Bo". Sutton III
Sent: Monday, February 10, 2014 11:02 AM
To: 'clc-discussion@lists.flabarrpptl.org'
Subject: [CLC-Discussion] Expert Issue

Fellow Construction Attorneys,

I wish I had known this before: so that you do not make the same mistake I did and wind up in my predicament (unable to retain your chosen expert), when attempting to retain John Jones of Dart Engineering, LLC as an expert, do not request his rate sheet. Unfortunately, because of this slip-up, I must begin the process of locating a qualified expert for my client, anew.

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image001.png@01CF2653.78A67670]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Friday, February 07, 2014 8:10 PM
To: Rouselle "Bo". Sutton III
Cc: 'redacted'
Subject: RE: [Redacted]

I'm not interested in working for a firm that selects it experts based on price.  Get someone else.

John A. Jones, PE, CBO
President
Dart Engineering, LLC
407-831-1200
www.dartengineering.comhttp://www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Friday, February 7, 2014 4:11 PM
To: 'John Jones'
Subject: RE: [Redacted]

John,

I have approval to retain a [redacted] expert. Can you send me your rate sheet, so that I can get you approved as a candidate?

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image001.png@01CF2653.78A67670]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Wednesday, February 05, 2014 9:22 AM
To: Rouselle "Bo". Sutton III
Subject: RE: [Redacted]

My CV is attached FYI.

John A. Jones, PE, CBO
President
Dart Engineering, LLC
407-831-1200
www.dartengineering.comhttp://www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Wednesday, February 5, 2014 8:53 AM
To: 'redacted'; 'John Jones'
Subject: RE: [Redacted]

John,

You and I have been in two cases together. The first was [redacted]. I represented the building owner. I think your client was [redacted]. The second was [redacted]; your client was [redacted]. I represented [redacted].

While I don't currently have the authority to retain any additional experts in a case I have in [redacted], I am exploring potential [redacted] experts. We anticipate hiring a [redacted] expert, and your name came up as a candidate.

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image001.png@01CF2653.78A67670]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

[redacted]

This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com

Prospective clients ask for our rates all the time……..  I don’t think the request is unreasonable.

Beth-Ann Schulman
Admitted to FL and DC Bar

[Description: GSM Logo LG_WOx.jpg]

555 Winderley Pl, Suite 415  ǀ  Maitland, Florida, 32751
FL: 407.660.4488 x209    ǀ  FAX: 407.660.4540  ǀ  Cell: 407.701.3033
Web:  www.gsmartinlaw.comhttp://www.gsmartinlaw.com/              vCardhttp://www.gsmartinlaw.com/vCards/Beth-AnnSchulman.vcf

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Denise Hammond
Sent: Monday, February 10, 2014 11:30 AM
To: Rouselle "Bo". Sutton III; 'clc-discussion@lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Expert Issue

Bizarre.

Denise Hammond, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Ave., Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
dhammond@wfmblaw.commailto:dhammond@wfmblaw.com
www.wfmblaw.comhttp://www.wfmblaw.com

CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.

IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S. Treasury Department regulations, we hereby advise you that, unless otherwise expressly stated, any and all tax advice contained in this communication has neither been written nor intended by the sender or this firm for the use of any taxpayer for the purpose of evading or avoiding tax penalties that may be imposed pursuant to U.S. law.  Furthermore, unless otherwise expressly indicated, the use of any tax advice contained in this communication has neither been written nor intended by the sender or this firm for the purpose of promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, and such taxpayer should seek advice on the taxpayer’s particular circumstances from an independent tax advisor.

Replies Filtered:  Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Rouselle "Bo". Sutton III
Sent: Monday, February 10, 2014 11:02 AM
To: 'clc-discussion@lists.flabarrpptl.org'
Subject: [CLC-Discussion] Expert Issue

Fellow Construction Attorneys,

I wish I had known this before: so that you do not make the same mistake I did and wind up in my predicament (unable to retain your chosen expert), when attempting to retain John Jones of Dart Engineering, LLC as an expert, do not request his rate sheet. Unfortunately, because of this slip-up, I must begin the process of locating a qualified expert for my client, anew.

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image004.png@01CF2655.31445070]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Friday, February 07, 2014 8:10 PM
To: Rouselle "Bo". Sutton III
Cc: ‘redacted’
Subject: RE: [Redacted]

I’m not interested in working for a firm that selects it experts based on price.  Get someone else.

John A. Jones, PE, CBO
President
Dart Engineering, LLC
407-831-1200
www.dartengineering.comhttp://www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Friday, February 7, 2014 4:11 PM
To: 'John Jones'
Subject: RE: [Redacted]

John,

I have approval to retain a [redacted] expert. Can you send me your rate sheet, so that I can get you approved as a candidate?

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image004.png@01CF2655.31445070]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Wednesday, February 05, 2014 9:22 AM
To: Rouselle "Bo". Sutton III
Subject: RE: [Redacted]

My CV is attached FYI.

John A. Jones, PE, CBO
President
Dart Engineering, LLC
407-831-1200
www.dartengineering.comhttp://www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Wednesday, February 5, 2014 8:53 AM
To: ‘redacted’; 'John Jones'
Subject: RE: [Redacted]

John,

You and I have been in two cases together. The first was [redacted]. I represented the building owner. I think your client was [redacted]. The second was [redacted]; your client was [redacted]. I represented [redacted].

While I don’t currently have the authority to retain any additional experts in a case I have in [redacted], I am exploring potential [redacted] experts. We anticipate hiring a [redacted] expert, and your name came up as a candidate.

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image004.png@01CF2655.31445070]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

[redacted]

This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com

I'm not interested in working with an expert that isn't considerate of client budgets.

[Jimerson_Cobb_logo (2).jpg]

Charles B. Jimerson, Esq.
Jimerson & Cobb, P.A.
Business Litigation | Construction Litigation | Banking Law | Creditor's Rights & AR Collection

Telephone: (904) 389-0050 | Facsimile: (904) 212-1269
cjimerson@jimersoncobb.commailto:cjimerson@jimersoncobb.com|JimersonCobb.comhttp://www.jimersoncobb.com/

Add to Contactshttp://www.jimersoncobb.com/wp-content/uploads/2012/09/Charles-B-Jimerson.vcf | View Biographyhttp://www.jimersoncobb.com/attorneys/charles-b-jimerson/

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Denise Hammond
Sent: Monday, February 10, 2014 11:30 AM
To: Rouselle "Bo". Sutton III; 'clc-discussion@lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Expert Issue

Bizarre.

Denise Hammond, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Ave., Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
dhammond@wfmblaw.commailto:dhammond@wfmblaw.com
www.wfmblaw.comhttp://www.wfmblaw.com

CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.

IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S. Treasury Department regulations, we hereby advise you that, unless otherwise expressly stated, any and all tax advice contained in this communication has neither been written nor intended by the sender or this firm for the use of any taxpayer for the purpose of evading or avoiding tax penalties that may be imposed pursuant to U.S. law.  Furthermore, unless otherwise expressly indicated, the use of any tax advice contained in this communication has neither been written nor intended by the sender or this firm for the purpose of promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, and such taxpayer should seek advice on the taxpayer's particular circumstances from an independent tax advisor.

Replies Filtered:  Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Rouselle "Bo". Sutton III
Sent: Monday, February 10, 2014 11:02 AM
To: 'clc-discussion@lists.flabarrpptl.org'
Subject: [CLC-Discussion] Expert Issue

Fellow Construction Attorneys,

I wish I had known this before: so that you do not make the same mistake I did and wind up in my predicament (unable to retain your chosen expert), when attempting to retain John Jones of Dart Engineering, LLC as an expert, do not request his rate sheet. Unfortunately, because of this slip-up, I must begin the process of locating a qualified expert for my client, anew.

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image003.png@01CF2656.88B37920]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Friday, February 07, 2014 8:10 PM
To: Rouselle "Bo". Sutton III
Cc: 'redacted'
Subject: RE: [Redacted]

I'm not interested in working for a firm that selects it experts based on price.  Get someone else.

John A. Jones, PE, CBO
President
Dart Engineering, LLC
407-831-1200
www.dartengineering.comhttp://www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Friday, February 7, 2014 4:11 PM
To: 'John Jones'
Subject: RE: [Redacted]

John,

I have approval to retain a [redacted] expert. Can you send me your rate sheet, so that I can get you approved as a candidate?

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image003.png@01CF2656.88B37920]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Wednesday, February 05, 2014 9:22 AM
To: Rouselle "Bo". Sutton III
Subject: RE: [Redacted]

My CV is attached FYI.

John A. Jones, PE, CBO
President
Dart Engineering, LLC
407-831-1200
www.dartengineering.comhttp://www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Wednesday, February 5, 2014 8:53 AM
To: 'redacted'; 'John Jones'
Subject: RE: [Redacted]

John,

You and I have been in two cases together. The first was [redacted]. I represented the building owner. I think your client was [redacted]. The second was [redacted]; your client was [redacted]. I represented [redacted].

While I don't currently have the authority to retain any additional experts in a case I have in [redacted], I am exploring potential [redacted] experts. We anticipate hiring a [redacted] expert, and your name came up as a candidate.

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image003.png@01CF2656.88B37920]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

[redacted]

This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com

Bizarre is right.  I hire lots of expert witnesses and also frequently am retained as an expert witness.  I have clients who are capable of, and will pay whatever it takes to get what they need--  but they plan litigation budgets, or just want to know what they will be paying; or, what they will be paying in regard to the particular expert’s experience and credentials.  If I rejected every client who asked me my rates I would only have one client left (my wife).

Robert S. Fine, Esq., AIA
Shareholder
Environmental, Land Development, Accessibility,
Building and Life Safety Codes Law
Board Certified in Construction Law

Greenberg Traurig, P.A. | 333 Avenue of the Americas| Miami, FL 33131
Tel 305.579.0826 | Fax 305.961.5826
finer@gtlaw.commailto:finer@gtlaw.com | www.gtlaw.comhttp://www.gtlaw.com/

[Greenberg Traurig]

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Beth-Ann Schulman
Sent: Monday, February 10, 2014 11:43 AM
To: Denise Hammond; Rouselle "Bo". Sutton III; 'clc-discussion@lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Expert Issue

Prospective clients ask for our rates all the time……..  I don’t think the request is unreasonable.

Beth-Ann Schulman
Admitted to FL and DC Bar

[Description: GSM Logo LG_WOx.jpg]

555 Winderley Pl, Suite 415  ǀ  Maitland, Florida, 32751
FL: 407.660.4488 x209    ǀ  FAX: 407.660.4540  ǀ  Cell: 407.701.3033
Web:  www.gsmartinlaw.comhttp://www.gsmartinlaw.com/              vCardhttp://www.gsmartinlaw.com/vCards/Beth-AnnSchulman.vcf

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Denise Hammond
Sent: Monday, February 10, 2014 11:30 AM
To: Rouselle "Bo". Sutton III; 'clc-discussion@lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Expert Issue

Bizarre.

Denise Hammond, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Ave., Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
dhammond@wfmblaw.commailto:dhammond@wfmblaw.com
www.wfmblaw.comhttp://www.wfmblaw.com

CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.

IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S. Treasury Department regulations, we hereby advise you that, unless otherwise expressly stated, any and all tax advice contained in this communication has neither been written nor intended by the sender or this firm for the use of any taxpayer for the purpose of evading or avoiding tax penalties that may be imposed pursuant to U.S. law.  Furthermore, unless otherwise expressly indicated, the use of any tax advice contained in this communication has neither been written nor intended by the sender or this firm for the purpose of promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, and such taxpayer should seek advice on the taxpayer’s particular circumstances from an independent tax advisor.

Replies Filtered:  Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Rouselle "Bo". Sutton III
Sent: Monday, February 10, 2014 11:02 AM
To: 'clc-discussion@lists.flabarrpptl.org'
Subject: [CLC-Discussion] Expert Issue

Fellow Construction Attorneys,

I wish I had known this before: so that you do not make the same mistake I did and wind up in my predicament (unable to retain your chosen expert), when attempting to retain John Jones of Dart Engineering, LLC as an expert, do not request his rate sheet. Unfortunately, because of this slip-up, I must begin the process of locating a qualified expert for my client, anew.

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image004.png@01CF2662.9F8FB6C0]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Friday, February 07, 2014 8:10 PM
To: Rouselle "Bo". Sutton III
Cc: ‘redacted’
Subject: RE: [Redacted]

I’m not interested in working for a firm that selects it experts based on price.  Get someone else.

John A. Jones, PE, CBO
President
Dart Engineering, LLC
407-831-1200
www.dartengineering.comhttp://www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Friday, February 7, 2014 4:11 PM
To: 'John Jones'
Subject: RE: [Redacted]

John,

I have approval to retain a [redacted] expert. Can you send me your rate sheet, so that I can get you approved as a candidate?

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image004.png@01CF2662.9F8FB6C0]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Wednesday, February 05, 2014 9:22 AM
To: Rouselle "Bo". Sutton III
Subject: RE: [Redacted]

My CV is attached FYI.

John A. Jones, PE, CBO
President
Dart Engineering, LLC
407-831-1200
www.dartengineering.comhttp://www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Wednesday, February 5, 2014 8:53 AM
To: ‘redacted’; 'John Jones'
Subject: RE: [Redacted]

John,

You and I have been in two cases together. The first was [redacted]. I represented the building owner. I think your client was [redacted]. The second was [redacted]; your client was [redacted]. I represented [redacted].

While I don’t currently have the authority to retain any additional experts in a case I have in [redacted], I am exploring potential [redacted] experts. We anticipate hiring a [redacted] expert, and your name came up as a candidate.

Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.commailto:rsutton@raileyharding.com
[cid:image004.png@01CF2662.9F8FB6C0]
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

[redacted]

This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com

If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us immediately at postmaster@gtlaw.com, and do not use or disseminate such information.  Pursuant to IRS Circular 230, any tax advice in this email may not be used to avoid tax penalties or to promote, market or recommend any matter herein.

I don't think the request was unreasonable, but there are two sides to every
story.  The original email to the expert apparently was interpreted as
shopping around for prices (wasting the expert's time), rather than an
intent to hire the expert.  I'm not saying the expert is right, but just
that he has a different view based on his experiences.  The expert may have
had a recent problem with a law firm inquiring about the rate sheet, then
using the rate sheet to shop around for a lower cost expert.  Or using
competitor's rates to attempt to haggle over his rates.

There are some in the engineering community that believe engineers should be
selected solely on competence before any discussion of price.  Around 1970,
the National Society of Professional Engineers created an ethical rule
prohibiting engineers from discussion price until after the engineer was
selected based on qualifications (prohibition for competing on price);
engineers were subject to sanction for non-compliance.  The NSPE's rule was
revised after the USDOJ challenged the rule under antitrust laws.

If you are in a bind due to time constraints or really wish to use Mr.
Jones, you might send an apologetic email (or phone call) to Mr. Jones
something like, "I apologize if my prior email offended you.  You have a
good reputation for high competence in ______ field and we wish to hire you
as an expert, but I need to be able to inform my client how much you will
cost before I can hire your firm."

Good luck,

Mark Young

From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Denise
Hammond
Sent: Monday, February 10, 2014 11:30 AM
To: Rouselle "Bo". Sutton III; 'clc-discussion@lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Expert Issue

Bizarre.

Denise Hammond, Esq.

Wright, Fulford, Moorhead & Brown, P.A.

505 Maitland Ave., Suite 1000

Altamonte Springs, FL 32701

(407) 425-0234

(407) 425-0260 (fax)

mailto:dhammond@wfmblaw.com dhammond@wfmblaw.com

http://www.wfmblaw.com www.wfmblaw.com

CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments
accompanying it) may contain confidential information belonging to the
sender which is protected by the attorney-client privilege. The information
is intended only for the use of the intended recipient. If you are not the
intended recipient, you are hereby notified that any disclosure, copying,
distribution or the taking of any action in reliance on the contents of this
information is strictly prohibited. Any unauthorized interception of this
transmission is illegal. If you have received this transmission in error,
please promptly notify the sender by reply e-mail, and then destroy all
copies of the transmission.

IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S.
Treasury Department regulations, we hereby advise you that, unless otherwise
expressly stated, any and all tax advice contained in this communication has
neither been written nor intended by the sender or this firm for the use of
any taxpayer for the purpose of evading or avoiding tax penalties that may
be imposed pursuant to U.S. law.  Furthermore, unless otherwise expressly
indicated, the use of any tax advice contained in this communication has
neither been written nor intended by the sender or this firm for the purpose
of promoting, marketing, or recommending a partnership or other entity,
investment plan or arrangement to any taxpayer, and such taxpayer should
seek advice on the taxpayer's particular circumstances from an independent
tax advisor.

Replies Filtered:  Any incoming reply to this e-mail communication or other
e-mail communication to us will be electronically filtered for "spam" and/or
"viruses." That filtering process may result in such reply or other e-mail
communications to us being quarantined (i.e., potentially not received at
our site at all) and/or delayed in reaching us. For that reason, we cannot
guarantee that we will receive your reply or other e-mail communications to
us and/or that we will receive the same in a timely manner. Accordingly, you
should consider sending communications to us which are particularly
important or time-sensitive by means other than e-mail.

From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Rouselle
"Bo". Sutton III
Sent: Monday, February 10, 2014 11:02 AM
To: 'clc-discussion@lists.flabarrpptl.org'
Subject: [CLC-Discussion] Expert Issue

Fellow Construction Attorneys,

I wish I had known this before: so that you do not make the same mistake I
did and wind up in my predicament (unable to retain your chosen expert),
when attempting to retain John Jones of Dart Engineering, LLC as an expert,
do not request his rate sheet. Unfortunately, because of this slip-up, I
must begin the process of locating a qualified expert for my client, anew.

Rouselle "Bo" Sutton, III

Board Certified in Construction Law

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

mailto:rsutton@raileyharding.com rsutton@raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within
the message. This e-mail might contain legally privileged and confidential
information. If you properly received this e-mail as a client or retained
expert, please hold it in confidence to protect the attorney-client or work
product privileges. Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of
the attorney-client privilege. If the reader of this message is not the
intended recipient, or the agent responsible to deliver it to the intended
recipient, you are hereby notified that any review, dissemination,
distribution or copying of this communication is prohibited by the sender
and to do so might constitute a violation of the Electronic Communications
Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Friday, February 07, 2014 8:10 PM
To: Rouselle "Bo". Sutton III
Cc: 'redacted'
Subject: RE: [Redacted]

I'm not interested in working for a firm that selects it experts based on
price.  Get someone else.

John A. Jones, PE, CBO

President

Dart Engineering, LLC

407-831-1200

www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Friday, February 7, 2014 4:11 PM
To: 'John Jones'
Subject: RE: [Redacted]

John,

I have approval to retain a [redacted] expert. Can you send me your rate
sheet, so that I can get you approved as a candidate?

Rouselle "Bo" Sutton, III

Board Certified in Construction Law

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

mailto:rsutton@raileyharding.com rsutton@raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within
the message. This e-mail might contain legally privileged and confidential
information. If you properly received this e-mail as a client or retained
expert, please hold it in confidence to protect the attorney-client or work
product privileges. Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of
the attorney-client privilege. If the reader of this message is not the
intended recipient, or the agent responsible to deliver it to the intended
recipient, you are hereby notified that any review, dissemination,
distribution or copying of this communication is prohibited by the sender
and to do so might constitute a violation of the Electronic Communications
Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Wednesday, February 05, 2014 9:22 AM
To: Rouselle "Bo". Sutton III
Subject: RE: [Redacted]

My CV is attached FYI.

John A. Jones, PE, CBO

President

Dart Engineering, LLC

407-831-1200

www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Wednesday, February 5, 2014 8:53 AM
To: 'redacted'; 'John Jones'
Subject: RE: [Redacted]

John,

You and I have been in two cases together. The first was [redacted]. I
represented the building owner. I think your client was [redacted]. The
second was [redacted]; your client was [redacted]. I represented [redacted].

While I don't currently have the authority to retain any additional experts
in a case I have in [redacted], I am exploring potential [redacted] experts.
We anticipate hiring a [redacted] expert, and your name came up as a
candidate.

Rouselle "Bo" Sutton, III

Board Certified in Construction Law

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

mailto:rsutton@raileyharding.com rsutton@raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within
the message. This e-mail might contain legally privileged and confidential
information. If you properly received this e-mail as a client or retained
expert, please hold it in confidence to protect the attorney-client or work
product privileges. Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of
the attorney-client privilege. If the reader of this message is not the
intended recipient, or the agent responsible to deliver it to the intended
recipient, you are hereby notified that any review, dissemination,
distribution or copying of this communication is prohibited by the sender
and to do so might constitute a violation of the Electronic Communications
Privacy Act, 18 U.S.C. section 2510-2521.

[redacted]

This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com

This email is free from viruses and malware because avast! Antivirus protection is active.
http://www.avast.com

I think Mark's analysis is right on.

George Elias, Jr.

From: Mark Young myoung@younglaw.info
To: "'Rouselle "Bo". Sutton III'" rsutton@raileyharding.com; clc-discussion@lists.flabarrpptl.org
Sent: Monday, February 10, 2014 1:21 PM
Subject: Re: [CLC-Discussion] Expert Issue

I don’t think the request was unreasonable, but there are two sides to every story.  The original email to the expert apparently was interpreted as shopping around for prices (wasting the expert’s time), rather than an intent to hire the expert.  I’m not saying the expert is right, but just that he has a different view based on his experiences.  The expert may have had a recent problem with a law firm inquiring about the rate sheet, then using the rate sheet to shop around for a lower cost expert.   Or using competitor’s rates to attempt to haggle over his rates. 
 
There are some in the engineering community that believe engineers should be selected solely on competence before any discussion of price.  Around 1970, the National Society of Professional Engineers created an ethical rule prohibiting engineers from discussion price until after the engineer was selected based on qualifications (prohibition for competing on price); engineers were subject to sanction for non-compliance.  The NSPE’s rule was revised after the USDOJ challenged the rule under antitrust laws. 
 
If you are in a bind due to time constraints or really wish to use Mr. Jones, you might send an apologetic email (or phone call) to Mr. Jones something like, “I apologize if my prior email offended you.  You have a good reputation for high competence in ______ field and we wish to hire you as an expert, but I need to be able to inform my client how much you will cost before I can hire your firm.” 
 
Good luck,
 
Mark Young
 
 
From:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Denise Hammond
Sent: Monday, February 10, 2014 11:30 AM
To: Rouselle "Bo". Sutton III; 'clc-discussion@lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Expert Issue
 
Bizarre.
 
Denise Hammond, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Ave., Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
dhammond@wfmblaw.com
www.wfmblaw.com
 
CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.
 
IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S. Treasury Department regulations, we hereby advise you that, unless otherwise expressly stated, any and all tax advice contained in this communication has neither been written nor intended by the sender or this firm for the use of any taxpayer for the purpose of evading or avoiding tax penalties that may be imposed pursuant to U.S. law.  Furthermore, unless otherwise expressly indicated, the use of any tax advice contained in this communication has neither been written nor intended by the sender or this firm for the purpose of promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, and such taxpayer should seek advice on the taxpayer’s particular circumstances from an independent tax advisor.
 
Replies Filtered:  Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.
 
From:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Rouselle "Bo". Sutton III
Sent: Monday, February 10, 2014 11:02 AM
To: 'clc-discussion@lists.flabarrpptl.org'
Subject: [CLC-Discussion] Expert Issue
 
Fellow Construction Attorneys,
 
I wish I had known this before: so that you do not make the same mistake I did and wind up in my predicament (unable to retain your chosen expert), when attempting to retain John Jones of Dart Engineering, LLC as an expert, do not request his rate sheet. Unfortunately, because of this slip-up, I must begin the process of locating a qualified expert for my client, anew.
 
Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.com
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.
 
From:John Jones [mailto:jjones@dartengineering.com]
Sent: Friday, February 07, 2014 8:10 PM
To: Rouselle "Bo". Sutton III
Cc: ‘redacted’
Subject: RE: [Redacted]
 
I’m not interested in working for a firm that selects it experts based on price.  Get someone else.
 
John A. Jones, PE, CBO
President
Dart Engineering, LLC
407-831-1200
http://www.dartengineering.com/
 
From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Friday, February 7, 2014 4:11 PM
To: 'John Jones'
Subject: RE: [Redacted]
 
John,
 
I have approval to retain a [redacted] expert. Can you send me your rate sheet, so that I can get you approved as a candidate?
 
Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.com
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.
 
From:John Jones [mailto:jjones@dartengineering.com]
Sent: Wednesday, February 05, 2014 9:22 AM
To: Rouselle "Bo". Sutton III
Subject: RE: [Redacted]
 
My CV is attached FYI. 
 
John A. Jones, PE, CBO
President
Dart Engineering, LLC
407-831-1200
http://www.dartengineering.com/
 
From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Wednesday, February 5, 2014 8:53 AM
To: ‘redacted’; 'John Jones'
Subject: RE: [Redacted]
 
John,
 
You and I have been in two cases together. The first was [redacted]. I represented the building owner. I think your client was [redacted]. The second was [redacted]; your client was [redacted]. I represented [redacted].
 
While I don’t currently have the authority to retain any additional experts in a case I have in [redacted], I am exploring potential [redacted] experts. We anticipate hiring a [redacted] expert, and your name came up as a candidate.
 
Rouselle "Bo" Sutton, III
Board Certified in Construction Law
Railey Harding & Allen, P.A. - Partner
15 North Eola Drive
Orlando, Florida 32801
Phone (407) 648-9119
Fax (407) 648-8049
rsutton@raileyharding.com
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.
 
 
[redacted]
 

This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com/

This email is free from viruses and malware because avast! Antivirus protection is active.       _______________________________________________CLC-Discussion mailing listCLC-Discussion@lists.flabarrpptl.orghttp://mailman.fsr.com/mailman/listinfo/clc-discussion   

Mr. Young is absolutely right in his analysis and has opened my eyes to the smarmy underbelly of the industry I didn’t know existed.

I am shocked, shocked I tell you that anyone involved in the construction industry would do such a thing as shop a bid or even an expert! What is this world coming to? The only reason we ever hire experts is because of their competency and our desire to obtain the truth – no matter how that might affect our client, either factually or financially!

Our job as representatives for our clients and officer of the court clearly takes a back seat to the ethical demands of the National Society of Professional Engineers (NSPE). Thank the Lord there are organizations like that which can keep us on track.

I can’t tell you the number of times I have been faced with an expert on the opposing side who agrees totally with my expert’s conclusions (seriously, I can’t tell you). What I can say is that whenever I have a prospective client who has the impudence to even ask what my rates are, I toss the bounder from my office immediately. There is nothing so crass as discussing how much money something – anything – may be.

Nope! Full retail with no questions asked, that’s my motto. Good for the engineer for reminding all of us just how far we have fallen in our ethical duty to our clients. And in the future, when the Court questions the rates and fees of the expert I hire at the fees and costs hearing, I will take out this entire email string and show the Judge that the Court has no right whatsoever to question the numbers and that they should take it up with the NSPE! That should settle the matter!

Jeffrey L. Price

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of George Elias, Jr.
Sent: Monday, February 10, 2014 2:11 PM
To: Mark Young; 'Rouselle "Bo". Sutton III'; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expert Issue

I think Mark's analysis is right on.

George Elias, Jr.

From: Mark Young myoung@younglaw.info
To: "'Rouselle "Bo". Sutton III'" rsutton@raileyharding.com; clc-discussion@lists.flabarrpptl.org
Sent: Monday, February 10, 2014 1:21 PM
Subject: Re: [CLC-Discussion] Expert Issue

I don’t think the request was unreasonable, but there are two sides to every story.  The original email to the expert apparently was interpreted as shopping around for prices (wasting the expert’s time), rather than an intent to hire the expert.  I’m not saying the expert is right, but just that he has a different view based on his experiences.  The expert may have had a recent problem with a law firm inquiring about the rate sheet, then using the rate sheet to shop around for a lower cost expert.  Or using competitor’s rates to attempt to haggle over his rates.

There are some in the engineering community that believe engineers should be selected solely on competence before any discussion of price.  Around 1970, the National Society of Professional Engineers created an ethical rule prohibiting engineers from discussion price until after the engineer was selected based on qualifications (prohibition for competing on price); engineers were subject to sanction for non-compliance.  The NSPE’s rule was revised after the USDOJ challenged the rule under antitrust laws.

If you are in a bind due to time constraints or really wish to use Mr. Jones, you might send an apologetic email (or phone call) to Mr. Jones something like, “I apologize if my prior email offended you.  You have a good reputation for high competence in ______ field and we wish to hire you as an expert, but I need to be able to inform my client how much you will cost before I can hire your firm.”

Good luck,

Mark Young

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Denise Hammond
Sent: Monday, February 10, 2014 11:30 AM
To: Rouselle "Bo". Sutton III; 'clc-discussion@lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Expert Issue

Bizarre.

Denise Hammond, Esq.

Wright, Fulford, Moorhead & Brown, P.A.

505 Maitland Ave., Suite 1000

Altamonte Springs, FL 32701

(407) 425-0234

(407) 425-0260 (fax)

dhammond@wfmblaw.com

www.wfmblaw.com http://www.wfmblaw.com/

CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.

IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S. Treasury Department regulations, we hereby advise you that, unless otherwise expressly stated, any and all tax advice contained in this communication has neither been written nor intended by the sender or this firm for the use of any taxpayer for the purpose of evading or avoiding tax penalties that may be imposed pursuant to U.S. law.  Furthermore, unless otherwise expressly indicated, the use of any tax advice contained in this communication has neither been written nor intended by the sender or this firm for the purpose of promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, and such taxpayer should seek advice on the taxpayer’s particular circumstances from an independent tax advisor.

Replies Filtered:  Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Rouselle "Bo". Sutton III
Sent: Monday, February 10, 2014 11:02 AM
To: 'clc-discussion@lists.flabarrpptl.org'
Subject: [CLC-Discussion] Expert Issue

Fellow Construction Attorneys,

I wish I had known this before: so that you do not make the same mistake I did and wind up in my predicament (unable to retain your chosen expert), when attempting to retain John Jones of Dart Engineering, LLC as an expert, do not request his rate sheet. Unfortunately, because of this slip-up, I must begin the process of locating a qualified expert for my client, anew.

Rouselle "Bo" Sutton, III

Board Certified in Construction Law

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

rsutton@raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Friday, February 07, 2014 8:10 PM
To: Rouselle "Bo". Sutton III
Cc: ‘redacted’
Subject: RE: [Redacted]

I’m not interested in working for a firm that selects it experts based on price.  Get someone else.

John A. Jones, PE, CBO

President

Dart Engineering, LLC

407-831-1200

http://www.dartengineering.com/

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Friday, February 7, 2014 4:11 PM
To: 'John Jones'
Subject: RE: [Redacted]

John,

I have approval to retain a [redacted] expert. Can you send me your rate sheet, so that I can get you approved as a candidate?

Rouselle "Bo" Sutton, III

Board Certified in Construction Law

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

rsutton@raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Wednesday, February 05, 2014 9:22 AM
To: Rouselle "Bo". Sutton III
Subject: RE: [Redacted]

My CV is attached FYI.

John A. Jones, PE, CBO

President

Dart Engineering, LLC

407-831-1200

http://www.dartengineering.com/

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Wednesday, February 5, 2014 8:53 AM
To: ‘redacted’; 'John Jones'
Subject: RE: [Redacted]

John,

You and I have been in two cases together. The first was [redacted]. I represented the building owner. I think your client was [redacted]. The second was [redacted]; your client was [redacted]. I represented [redacted].

While I don’t currently have the authority to retain any additional experts in a case I have in [redacted], I am exploring potential [redacted] experts. We anticipate hiring a [redacted] expert, and your name came up as a candidate.

Rouselle "Bo" Sutton, III

Board Certified in Construction Law

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

rsutton@raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

[redacted]

This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com/

http://www.avast.com/

This email is free from viruses and malware because avast! Antivirus http://www.avast.com/  protection is active.

_______________________________________________CLC-Discussion mailing listCLC-Discussion@lists.flabarrpptl.orghttp://mailman.fsr.com/mailman/listinfo/clc-discussion

To invoke Cary Wright’s frequent use of video clips:  https://www.youtube.com/watch?v=SjbPi00k_ME

Bruce D. Partington

Clark Partington

bpartington@cphlaw.com mailto:bpartington@cphlaw.com

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Price
Sent: Monday, February 10, 2014 1:55 PM
To: 'George Elias, Jr.'; 'Mark Young'; 'Rouselle "Bo". Sutton III'; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expert Issue

Mr. Young is absolutely right in his analysis and has opened my eyes to the smarmy underbelly of the industry I didn’t know existed.

I am shocked, shocked I tell you that anyone involved in the construction industry would do such a thing as shop a bid or even an expert! What is this world coming to? The only reason we ever hire experts is because of their competency and our desire to obtain the truth – no matter how that might affect our client, either factually or financially!

Our job as representatives for our clients and officer of the court clearly takes a back seat to the ethical demands of the National Society of Professional Engineers (NSPE). Thank the Lord there are organizations like that which can keep us on track.

I can’t tell you the number of times I have been faced with an expert on the opposing side who agrees totally with my expert’s conclusions (seriously, I can’t tell you). What I can say is that whenever I have a prospective client who has the impudence to even ask what my rates are, I toss the bounder from my office immediately. There is nothing so crass as discussing how much money something – anything – may be.

Nope! Full retail with no questions asked, that’s my motto. Good for the engineer for reminding all of us just how far we have fallen in our ethical duty to our clients. And in the future, when the Court questions the rates and fees of the expert I hire at the fees and costs hearing, I will take out this entire email string and show the Judge that the Court has no right whatsoever to question the numbers and that they should take it up with the NSPE! That should settle the matter!

Jeffrey L. Price

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of George Elias, Jr.
Sent: Monday, February 10, 2014 2:11 PM
To: Mark Young; 'Rouselle "Bo". Sutton III'; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expert Issue

I think Mark's analysis is right on.

George Elias, Jr.

From: Mark Young myoung@younglaw.info
To: "'Rouselle "Bo". Sutton III'" rsutton@raileyharding.com; clc-discussion@lists.flabarrpptl.org
Sent: Monday, February 10, 2014 1:21 PM
Subject: Re: [CLC-Discussion] Expert Issue

I don’t think the request was unreasonable, but there are two sides to every story.  The original email to the expert apparently was interpreted as shopping around for prices (wasting the expert’s time), rather than an intent to hire the expert.  I’m not saying the expert is right, but just that he has a different view based on his experiences.  The expert may have had a recent problem with a law firm inquiring about the rate sheet, then using the rate sheet to shop around for a lower cost expert.  Or using competitor’s rates to attempt to haggle over his rates.

There are some in the engineering community that believe engineers should be selected solely on competence before any discussion of price.  Around 1970, the National Society of Professional Engineers created an ethical rule prohibiting engineers from discussion price until after the engineer was selected based on qualifications (prohibition for competing on price); engineers were subject to sanction for non-compliance.  The NSPE’s rule was revised after the USDOJ challenged the rule under antitrust laws.

If you are in a bind due to time constraints or really wish to use Mr. Jones, you might send an apologetic email (or phone call) to Mr. Jones something like, “I apologize if my prior email offended you.  You have a good reputation for high competence in ______ field and we wish to hire you as an expert, but I need to be able to inform my client how much you will cost before I can hire your firm.”

Good luck,

Mark Young

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Denise Hammond
Sent: Monday, February 10, 2014 11:30 AM
To: Rouselle "Bo". Sutton III; 'clc-discussion@lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Expert Issue

Bizarre.

Denise Hammond, Esq.

Wright, Fulford, Moorhead & Brown, P.A.

505 Maitland Ave., Suite 1000

Altamonte Springs, FL 32701

(407) 425-0234

(407) 425-0260 (fax)

dhammond@wfmblaw.com

www.wfmblaw.com http://www.wfmblaw.com/

CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.

IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S. Treasury Department regulations, we hereby advise you that, unless otherwise expressly stated, any and all tax advice contained in this communication has neither been written nor intended by the sender or this firm for the use of any taxpayer for the purpose of evading or avoiding tax penalties that may be imposed pursuant to U.S. law.  Furthermore, unless otherwise expressly indicated, the use of any tax advice contained in this communication has neither been written nor intended by the sender or this firm for the purpose of promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, and such taxpayer should seek advice on the taxpayer’s particular circumstances from an independent tax advisor.

Replies Filtered:  Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Rouselle "Bo". Sutton III
Sent: Monday, February 10, 2014 11:02 AM
To: 'clc-discussion@lists.flabarrpptl.org'
Subject: [CLC-Discussion] Expert Issue

Fellow Construction Attorneys,

I wish I had known this before: so that you do not make the same mistake I did and wind up in my predicament (unable to retain your chosen expert), when attempting to retain John Jones of Dart Engineering, LLC as an expert, do not request his rate sheet. Unfortunately, because of this slip-up, I must begin the process of locating a qualified expert for my client, anew.

Rouselle "Bo" Sutton, III

Board Certified in Construction Law

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

rsutton@raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Friday, February 07, 2014 8:10 PM
To: Rouselle "Bo". Sutton III
Cc: ‘redacted’
Subject: RE: [Redacted]

I’m not interested in working for a firm that selects it experts based on price.  Get someone else.

John A. Jones, PE, CBO

President

Dart Engineering, LLC

407-831-1200

http://www.dartengineering.com/

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Friday, February 7, 2014 4:11 PM
To: 'John Jones'
Subject: RE: [Redacted]

John,

I have approval to retain a [redacted] expert. Can you send me your rate sheet, so that I can get you approved as a candidate?

Rouselle "Bo" Sutton, III

Board Certified in Construction Law

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

rsutton@raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Wednesday, February 05, 2014 9:22 AM
To: Rouselle "Bo". Sutton III
Subject: RE: [Redacted]

My CV is attached FYI.

John A. Jones, PE, CBO

President

Dart Engineering, LLC

407-831-1200

http://www.dartengineering.com/

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Wednesday, February 5, 2014 8:53 AM
To: ‘redacted’; 'John Jones'
Subject: RE: [Redacted]

John,

You and I have been in two cases together. The first was [redacted]. I represented the building owner. I think your client was [redacted]. The second was [redacted]; your client was [redacted]. I represented [redacted].

While I don’t currently have the authority to retain any additional experts in a case I have in [redacted], I am exploring potential [redacted] experts. We anticipate hiring a [redacted] expert, and your name came up as a candidate.

Rouselle "Bo" Sutton, III

Board Certified in Construction Law

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

rsutton@raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

[redacted]

This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com/

http://www.avast.com/

This email is free from viruses and malware because avast! Antivirus http://www.avast.com/  protection is active.

_______________________________________________CLC-Discussion mailing listCLC-Discussion@lists.flabarrpptl.orghttp://mailman.fsr.com/mailman/listinfo/clc-discussion

Sorry to be the wet blanket on the defense of the “good” engineer (I represent several “good” engineers), but  the NSPE rule applied only to comparison of prices for engineering services.  It would be a real stretch of that rule, no longer applicable to even engineering fees, to apply it to fees for expert testimony.  Who would hire an expert without knowing how much would be charged for the various services??

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz@HerniczLegal.com

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bruce Partington
Sent: Monday, February 10, 2014 3:07 PM
To: Jeff Price; George Elias, Jr.; Mark Young; Rouselle "Bo". Sutton III; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expert Issue

To invoke Cary Wright’s frequent use of video clips:  https://www.youtube.com/watch?v=SjbPi00k_ME

Bruce D. Partington

Clark Partington

mailto:bpartington@cphlaw.com bpartington@cphlaw.com

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Price
Sent: Monday, February 10, 2014 1:55 PM
To: 'George Elias, Jr.'; 'Mark Young'; 'Rouselle "Bo". Sutton III'; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expert Issue

Mr. Young is absolutely right in his analysis and has opened my eyes to the smarmy underbelly of the industry I didn’t know existed.

I am shocked, shocked I tell you that anyone involved in the construction industry would do such a thing as shop a bid or even an expert! What is this world coming to? The only reason we ever hire experts is because of their competency and our desire to obtain the truth – no matter how that might affect our client, either factually or financially!

Our job as representatives for our clients and officer of the court clearly takes a back seat to the ethical demands of the National Society of Professional Engineers (NSPE). Thank the Lord there are organizations like that which can keep us on track.

I can’t tell you the number of times I have been faced with an expert on the opposing side who agrees totally with my expert’s conclusions (seriously, I can’t tell you). What I can say is that whenever I have a prospective client who has the impudence to even ask what my rates are, I toss the bounder from my office immediately. There is nothing so crass as discussing how much money something – anything – may be.

Nope! Full retail with no questions asked, that’s my motto. Good for the engineer for reminding all of us just how far we have fallen in our ethical duty to our clients. And in the future, when the Court questions the rates and fees of the expert I hire at the fees and costs hearing, I will take out this entire email string and show the Judge that the Court has no right whatsoever to question the numbers and that they should take it up with the NSPE! That should settle the matter!

Jeffrey L. Price

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of George Elias, Jr.
Sent: Monday, February 10, 2014 2:11 PM
To: Mark Young; 'Rouselle "Bo". Sutton III'; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Expert Issue

I think Mark's analysis is right on.

George Elias, Jr.

From: Mark Young myoung@younglaw.info
To: "'Rouselle "Bo". Sutton III'" rsutton@raileyharding.com; clc-discussion@lists.flabarrpptl.org
Sent: Monday, February 10, 2014 1:21 PM
Subject: Re: [CLC-Discussion] Expert Issue

I don’t think the request was unreasonable, but there are two sides to every story.  The original email to the expert apparently was interpreted as shopping around for prices (wasting the expert’s time), rather than an intent to hire the expert.  I’m not saying the expert is right, but just that he has a different view based on his experiences.  The expert may have had a recent problem with a law firm inquiring about the rate sheet, then using the rate sheet to shop around for a lower cost expert.  Or using competitor’s rates to attempt to haggle over his rates.

There are some in the engineering community that believe engineers should be selected solely on competence before any discussion of price.  Around 1970, the National Society of Professional Engineers created an ethical rule prohibiting engineers from discussion price until after the engineer was selected based on qualifications (prohibition for competing on price); engineers were subject to sanction for non-compliance.  The NSPE’s rule was revised after the USDOJ challenged the rule under antitrust laws.

If you are in a bind due to time constraints or really wish to use Mr. Jones, you might send an apologetic email (or phone call) to Mr. Jones something like, “I apologize if my prior email offended you.  You have a good reputation for high competence in ______ field and we wish to hire you as an expert, but I need to be able to inform my client how much you will cost before I can hire your firm.”

Good luck,

Mark Young

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Denise Hammond
Sent: Monday, February 10, 2014 11:30 AM
To: Rouselle "Bo". Sutton III; 'clc-discussion@lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Expert Issue

Bizarre.

Denise Hammond, Esq.

Wright, Fulford, Moorhead & Brown, P.A.

505 Maitland Ave., Suite 1000

Altamonte Springs, FL 32701

(407) 425-0234

(407) 425-0260 (fax)

dhammond@wfmblaw.com

www.wfmblaw.com http://www.wfmblaw.com/

CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission.

IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S. Treasury Department regulations, we hereby advise you that, unless otherwise expressly stated, any and all tax advice contained in this communication has neither been written nor intended by the sender or this firm for the use of any taxpayer for the purpose of evading or avoiding tax penalties that may be imposed pursuant to U.S. law.  Furthermore, unless otherwise expressly indicated, the use of any tax advice contained in this communication has neither been written nor intended by the sender or this firm for the purpose of promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, and such taxpayer should seek advice on the taxpayer’s particular circumstances from an independent tax advisor.

Replies Filtered:  Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Rouselle "Bo". Sutton III
Sent: Monday, February 10, 2014 11:02 AM
To: 'clc-discussion@lists.flabarrpptl.org'
Subject: [CLC-Discussion] Expert Issue

Fellow Construction Attorneys,

I wish I had known this before: so that you do not make the same mistake I did and wind up in my predicament (unable to retain your chosen expert), when attempting to retain John Jones of Dart Engineering, LLC as an expert, do not request his rate sheet. Unfortunately, because of this slip-up, I must begin the process of locating a qualified expert for my client, anew.

Rouselle "Bo" Sutton, III

Board Certified in Construction Law

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

rsutton@raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Friday, February 07, 2014 8:10 PM
To: Rouselle "Bo". Sutton III
Cc: ‘redacted’
Subject: RE: [Redacted]

I’m not interested in working for a firm that selects it experts based on price.  Get someone else.

John A. Jones, PE, CBO

President

Dart Engineering, LLC

407-831-1200

http://www.dartengineering.com/

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Friday, February 7, 2014 4:11 PM
To: 'John Jones'
Subject: RE: [Redacted]

John,

I have approval to retain a [redacted] expert. Can you send me your rate sheet, so that I can get you approved as a candidate?

Rouselle "Bo" Sutton, III

Board Certified in Construction Law

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

rsutton@raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

From: John Jones [mailto:jjones@dartengineering.com]
Sent: Wednesday, February 05, 2014 9:22 AM
To: Rouselle "Bo". Sutton III
Subject: RE: [Redacted]

My CV is attached FYI.

John A. Jones, PE, CBO

President

Dart Engineering, LLC

407-831-1200

http://www.dartengineering.com/

From: Rouselle "Bo". Sutton III [mailto:rsutton@raileyharding.com]
Sent: Wednesday, February 5, 2014 8:53 AM
To: ‘redacted’; 'John Jones'
Subject: RE: [Redacted]

John,

You and I have been in two cases together. The first was [redacted]. I represented the building owner. I think your client was [redacted]. The second was [redacted]; your client was [redacted]. I represented [redacted].

While I don’t currently have the authority to retain any additional experts in a case I have in [redacted], I am exploring potential [redacted] experts. We anticipate hiring a [redacted] expert, and your name came up as a candidate.

Rouselle "Bo" Sutton, III

Board Certified in Construction Law

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

rsutton@raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.

[redacted]

This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com/

http://www.avast.com/

This email is free from viruses and malware because avast! Antivirus http://www.avast.com/  protection is active.

_______________________________________________CLC-Discussion mailing listCLC-Discussion@lists.flabarrpptl.orghttp://mailman.fsr.com/mailman/listinfo/clc-discussion