{"id":46354,"date":"2014-05-08T11:37:01","date_gmt":"2014-05-08T15:37:01","guid":{"rendered":"http:\/\/valorguardians.com\/blog\/?p=46354"},"modified":"2014-05-08T11:37:01","modified_gmt":"2014-05-08T15:37:01","slug":"in-the-time-of-chimpanzees-i-was-a-bernath","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=46354","title":{"rendered":"In the time of chimpanzees I was a Bernath\u2026."},"content":{"rendered":"

Bottom Line Up Front:<\/b><\/p>\n

Unlawful practice of law in Florida is a third degree felony.<\/b><\/p>\n

Wittgenfeld authorizes Bernath to be his attorney in pursuit of a law suit to be filed in Florida.<\/b><\/p>\n

Bernath claims to be pro hac vice, although he has never filed.<\/b><\/p>\n

Pro hac vice is not available to attorneys living in Florida not a member of that states bar.<\/b><\/p>\n

Bernath has repeatedly claimed to be a Florida resident, and availed himself of homestead exemptions only available to Florida residents.<\/b><\/p>\n

Florida law<\/a>:<\/p>\n

Engaging in the unlicensed practice of law in Florida is also a crime. It is a third degree felony. For this reason, the State Attorney also has the power to bring criminal charges against an individual for practicing law without a license.<\/p><\/blockquote>\n

Bernath\u2019s Florida client, Dallas Wittgenfeld, April 19, 2014:<\/p>\n

Dear Esquire Daniel Bernath,<\/p>\n

I consent to you representing me<\/b>. Per the discussion, I want you to take the Defendants Seavey and Lilyea off every email, as I do not wish to have knowledge of them or any communication.\u00a0 Please do not copy me with any email to Seavey of Indiana or Lilyea of W.Va.<\/p>\n

I don’t wish to converse with them, and they are actors in a Florida law suite coming up.\u00a0 They need to find\u00a0their own representation. I wish nothing to do with either of them. However as we sue them, in future suits you can correspond with their defensive counsel or however this all\u00a0plays out.<\/p>\n

Please sever all your email links between me as the Plaintiff and the American Legion as Defendant, including the agents of the American Legion. I want no contact with the Defendants, and you will make it so, as I form the entire array of complaints against them, their agency and every legal issue, that is well-documented.<\/p>\n

I think the young millennials\u00a0well know the hard road that they have picked.\u00a0So I agree, we find and perfect the RICO statute, as to riding on Meaghan’s Law for cyber bullying the combat disabled war Veterans as these military people are a pox, a tumor to be removed from the ranks of Americas military and Veterans’ Service club cyber\/mob society.<\/p>\n

You are the lawyer and leave me out if it, to the Defendants. I will pursue everything legally and properly though. The American Legion’s “Stolen Valor Reich”\u00a0have no idea as to what will happen to them. Perhaps in the future the millennial soldiers\u00a0will be more careful about attacking \u00a0strangers who are really combat disabled Vietnam War Veterans of the Special Forces trained elite Airborne Rangers (LRRP).<\/p><\/blockquote>\n

Bernath\u2019s Florida client, Dallas Wittgenfeld discussing his lawyer:<\/p>\n

\"Wtiigenfeld<\/a><\/p>\n

Bernath\u2019s Florida client, Dallas Wittgenfeld discussing his lawyer:<\/p>\n

Stop it iPredator Seavey.\u00a0 I see here where you are trying to spook old Bernath…<\/p>\n

You are wasting your time, idiot.\u00a0\u00a0 My lawyer is the best in central Florida you and the American Legion are screwed.<\/p>\n

Now shut up and stop cabooky dancing like you are a crusader or something, but have no weapons.<\/p><\/blockquote>\n

Daniel Bernath on his unlawful practice of law in Florida<\/p>\n

Pro hoc vice [sic]<\/p><\/blockquote>\n

Pro Hac Vice from Wiki (for those who don\u2019t know what it means):<\/p>\n

Pro hac vice<\/i><\/b> (American English pronunciation: [pr?? h\u00e6k ‘vi:t?ei]), Latin<\/a>: “for this occasion” or “for this event” (literally, “for this turn”),[1]<\/a><\/sup> is a legal term<\/a> usually referring to a lawyer<\/a> who has not been admitted to practice in a certain jurisdiction<\/a> but has been allowed to participate in a particular case in that jurisdiction.<\/p><\/blockquote>\n

RULE 4-5.5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW<\/a><\/p>\n

(b) Prohibited Conduct. A lawyer who is not admitted to practice in Florida shall not:
\n(1) except as authorized by other law, establish an office or other regular presence in Florida for the practice of law;<\/p>\n

(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in Florida; or<\/p>\n

(3) appear in court, before an administrative agency, or before any other tribunal unless authorized to do so by the court, administrative agency, or tribunal pursuant to the applicable rules of the court, administrative agency, or tribunal.<\/p><\/blockquote>\n

Comment to the rule:<\/p>\n

Other than as authorized by law, a lawyer who is not admitted to practice in Florida violates subdivision (b) if the lawyer establishes an office or other regular presence in Florida for the practice of law. Presence may be regular even if the lawyer is not physically present here. Such a lawyer must not hold out to the public or otherwise represent that the lawyer is admitted to practice law in Florida.<\/p><\/blockquote>\n

Requirements for Pro Hac Vice from Florida Bar<\/a>:<\/p>\n

6. Movant is not disbarred or suspended from practice in any jurisdiction.<\/p>\n

7. Movant is not a Florida resident.<\/b><\/p><\/blockquote>\n

Email from Daniel A. Bernath, titled \u201cFrom plaintiff Daniel A. Bernath\u201d, dated March 11, 2014:<\/p>\n

I am suing each and every person who defamed me.\u00a0 As I am a citizen of the US and of Florida it shall be in Florida US District Court.<\/p><\/blockquote>\n

Email from April 18 (and dozens of others):<\/p>\n

Daniel A. Bernath
\nLawyer
\n4600 Summerlin
\nSuite C-2\u00a0 #249
\nFt Myers Florida 33919<\/p><\/blockquote>\n

Email from Bernath, April 22:<\/p>\n

Oregon Bar is unhappy because Bernath has been practicing law in Oregon with a California license, made several million dollars since 1994 (depriving Oregon lawyers of those fees) and there is nothing they can do about it but write Bernath “caution” letters long after he moved to Florida.<\/p><\/blockquote>\n

Email from Bernath, May 7:<\/p>\n

\u00a0You pick a fight with a service connected PTSD agent orange 100 per cent 65 year old retired in Florida living on exempted Pension and 100 per cent homestead exemption. Attorney Bernath has all the time to defend and prosecute.<\/p><\/blockquote>\n

And, because irony is not his strong suit, I give you the pi\u00e8ce de r\u00e9sistance<\/i> \u2026Email to the Indiana Bar Association, May 8, 2014:<\/p>\n

\u00a0 To: Discipline Indiana Bar<\/p>\n

Your bar member Mark C. Seavey is violating and promises to continue to violate Rule 8.4.\u00a0 His misconduct is also an abuse of process.<\/p>\n

He has conducted a campaign to harass myself, a 64 Vietnam War Veteran and other older Vietnam War Veterans by any means possible through his website\u00a0 www.ThisAintHell.us.<\/a>\u00a0 He has done this by threatening my life, encouraging others to threaten my life, making sport of my service connected disability, all because he is on a campaign to attack aged Vietnam War Veterans.<\/p>\n

Because of my service in Vietnam, I ingested poison. Now, I cannot urinate. I must now insert a rubber catheter up my penis, past my prostate gland and into my bladder. This is very painful and must be done 6 to 8 times a day as my kidneys were failing if not attended to immediately.\u00a0 This of course, has contributed to my treated and stable at the moment severe depression and post traumatic stress disorder.<\/p>\n

Mark C. Seavey, along with his death threats and his directing others to make death threats to me, then sends me messages, calling me “crazy pants”, in obvious reference to my mental difficulties because of the Vietnam War and my inability to urinate.\u00a0 (Crazy-my PTSD and severe depression and crazy pants-my requirement that I conduct a medical procedure 6 to 8 times a day to stay alive as I approach my 65th year.)<\/p>\n

I have begged your bar member repeatedly to leave me alone.\u00a0 My family members have repeatedly begged him to leave our family alone and he has only responded with more encouragement to his associates to continue the harassments<\/p><\/blockquote>\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Bottom Line Up Front: Unlawful practice of law in Florida is a third degree felony. Wittgenfeld … In the time of chimpanzees I was a Bernath\u2026.<\/span>Read more<\/a><\/p>\n","protected":false},"author":148,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-46354","post","type-post","status-publish","format-standard","hentry","category-politics"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/46354","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/148"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=46354"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/46354\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46354"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46354"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46354"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}