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GC Writes Letter of Apology for Saying Judges Were 'Paid Off'
Daily Business Review
July 08, 2008
United Automobile Insurance general counsel Charles Grimsley agreed to a public reprimand for saying Miami-Dade judges "are being paid off" by plaintiffs attorneys.
Grimsley pleaded guilty to two Florida Bar grievances April 25, and the Florida Supreme Court has approved the unconditional plea and consent judgment for discipline.
Under the judgment, Grimsley wrote a letter of apology to the Daily Business Review for his inappropriate comments about judges and admitted a 2006 drunken-driving arrest.
The date of Grimsley's reprimand by the Bar's board of governors has not been set. He must undergo a medical evaluation by a doctor who specializes in substance and alcohol abuse and comply with any treatment recommendations. He also must pay $1,371 in costs.
Grimsley, who remains with the company, declined to comment beyond his letter to the Daily Business Review.
United Automobile Chief Executive Officer Richard Parillo Sr. issued a statement saying the company "regrets the entire incident resulting in the Florida Bar reprimand issued against Mr. Grimsley." Parillo distanced the company from the comments but also criticized Florida law for allowing abuse in insurance claims.
"His frustration with a legislative system widely known to condone abuse unfortunately caused him to express thoughts and ideas that were misdirected," Parillo's statement said.
The firm's outside attorney Carlos Lidsky declined to comment.
In the June 17 apology letter, Grimsley acknowledged making an inappropriate comment about judges but claims he immediately asked to retract it.
The Daily Business Review disputes that contention and stands by its story.
"Irrespective of how it happened, the fact remains that I should never have made such a statement that was clearly derogatory toward the judiciary in direct violation of several rules of professional conduct," Grimsley's letter stated.
He was quoted in the article about United's efforts to fight fraudulent and excessive claims for personal injury protection coverage in car accidents. Company leaders and others alleged PIP encourages fraud by lawyers, medical providers, policyholders and others, increasing pressure for higher rates.
Grimsley didn't single out any judges, but the company had aggressively been targeting Miami-Dade County Court Judge Jacqueline Schwartz to get her removed from all of its cases for alleged bias. The article also noted United had contentious lawyer fee hearings before both Schwartz and County Judge Lawrence King.
Miami-Dade Circuit Court spokeswoman Eunice Sigler said Judges King and Schwartz declined to comment on the disciplinary action.
Grimsley complained in the article about the rates of summary judgments granted by judges compared with the company's success before juries and concluded, "I think the judges are being paid off, but I can't prove that."
In a follow-up article, he groused about judicial hostility and the role of campaign contributions, but he added, "I don't think there's any money changing hands."
Former Dade County Bar Association President Merrick Gross wrote a letter to the editor criticizing Grimsley and the Daily Business Review for publishing his "scandalous and unsupported quotation."
United distanced itself from Grimsley's comments. Lidsky, a partner in the Hialeah, Fla.-based law firm of Lidsky Vaccaro & Montes, said at the time that his firm hand-delivered an apology letter to King.
Grimsley's letter to the Daily Business Review was on the letterhead of Charles J. Grimsley & Associates of Miami Gardens and listed a phone number that reaches United's claims switchboard.
