RECEIVED, 05/11/2015 08:28:29 AM, Clerk, Supreme Court Filing # 27100866 E-Filed 05/11/2015 08:24:05 AM Adam Robert Filthaut, Supreme Court Case No. (TFB No. 2013- pending before this Court. 5. As to TFB File No. the following disciplinary charges are currently pending against the Petitioner: Petitioner?s ?rm, Adams and Diaco, represented a defendant in a high publicity two week civil trial. Joseph Francis Diaco, Jr. was lead trial counsel. During the trial, on the evening of January 23, 2013, Melissa Personius, a firm paralegal, saw attorney C. Philip Campbell, Jr., drinking at Malio?s Prime Steakhouse. Ms. Personius recognized Mr. Campbell as opposing counsel in the trial. Ms. Personius socialized and drank with Mr. Campbell; Jonathan Joseph Ellis, Mr. Campbell?s co?counsel; and another attorney, Michael Trentalange. Without Petitioner?s knowledge or consent, Ms. Personius lied to the attorneys about where she worked. The pending case itself was discussed among the people at the bar. The Bar alleges that Petitioner became aware that Ms. Personius was present in the bar at Malio?s with Mr. Campbell, and failed to supervise Ms. Personius by instructing her not to have contact or discussions with Campbell. Ms. Personius was intoxicated but did not want to leave her car at Malio?s. Mr. Campbell, with Ms. Personius as a passenger, drove the car from the bar. Sergeant Fernandez pulled over the car for a traf?c violation. Mr. Campbell was thereafter arrested for DUI by Of?cer McGinnis. The next morning in the civil trial, Mr. Campbell?s arrest was discussed. The Bar alleges that after court was adjourned, Petitioner made extrajudicial statements to the media about Mr. Campbell?s DUI and the proceeding, which were inaccurate. On the afternoon of January 24, 2013, Petitioner learned that Ms. Personius was in possession of Mr. Campbell?s trial briefcase. The Bar alleges that Petitioner failed to notify Mr. Campbell about the location of his briefcase, and failed to disclose that he was in possession of the briefcase during a telephone conversation with Mr. Ellis that afternoon. Ms. Personius returned the briefcase around 5 pm. 6. Had the Petitioner not filed this Petition, Petitioner would have presented evidence in mitigation of discipline as follows: Petitioner has been practicing law for twenty-one (21) years, has no prior disciplinary record. Petitioner is well known in the Tampa community and elsewhere for his extensive charitable work. For example, Petitioner paid for the restoration of Julie Frasca?s business in Ocean City, NJ. after it was destroyed by Hurricane Sandy, and she did not have ?ood insurance. Petitioner also provided substantial ?nancial support to the Methodist Church of the Bahamas to open the ?rst orphanage in the Abacos. Additionally, the Adams Diaco law ?rm worked with Roy and Lea Black to help ?nance scholarships for delinquent minors to attend a private boarding school, and have supported other similar charities in Florida. Petitioner has devoted thousands of hours to provide legal assistance to the needy on a pro bono basis, such as the family of Jennifer Caballero, an 11 year old girl who walked away from class at Rodgers Middle School and drowned in a pond. Petitioner has been a passionate supporter of MADD for many years, and has provided counsel and monetary support to the family of Summer Moll, a child whose mother was killed by a drunk driver, and he also assisted in the adoption of Summer Moll by her grandmother. Petitioner has raised and donated hundreds of thousands of dollars to MADD, Summer Moll?s family, Catholic Services, the Florida State Foundation, Fallen Of?cers Families, funeral expenses for indigent families, and has provided food for 100 people every month for the past ten (10) years. Petitioner paid the costs for the mother of a fallen officer to ?y to Tampa and stay at a hotel so she could attend the trial of accused killer, Dante Morris. Petitioner has volunteered his time and money to Autism Speaks, CASA, an abused women?s shelter, and the CDC in East Tampa, which helps minorities in our community through education, training and other social services. Petitioner was appointed to the Tampa Hillsborough Expressway Authority by both Governors Crist and Scott, and served as the chair for ?ve (5) years. During his tenure at THEA, Petitioner worked with Governor Crist to ensure the building of the 1-4 Connector. Petitioner has assisted Adams Diaco employees well beyond their normal pay including, paying for expensive medications, rent payments, car repairs, veterinary bills, child support payments, funeral expenses, attorneys? fees for family law matters, moving costs, educational course fees, student loans, providing additional sick and bereavement time, and drug/alcohol rehabilitation. With regard to physical disability, Petitioner has had a serious auditory learning disability all of his life which affects his ability to recall things he hears audibly if someone speaks a telephone number, he would not be able to recite it back in the correct order). Through great effort, Petitioner has learned to work with this disability and has been successful in the legal profession, earning an AV rating by his peers. 7. The granting of this revocation will not adversely affect the public interest, the purity of the courts, nor hinder the administration of justice or the con?dence of the public in the legal profession. 8. The Petitioner agrees to reimburse The Florida Bar for the total costs incurred. 9. This Petition is tendered solely for the purpose of resolving the disciplinary proceeding. It is the intent of the Petitioner that this Petition and the statements contained herein are inadmissible in any other proceeding. 10. The Petitioner understands that the granting of this Petition by the Supreme Court of Florida shall serve to dismiss all pending disciplinary cases against Petitioner. WHEREFORE, the Petitioner respectfully requests this Honorable Court to grant the Petition herein as follows: A. That the Petitioner?s membership in The Florida Bar be revoked, with revocation to take effect 30 days from the date the order becomes ?nal to allow Petitioner time to close out his practice. Respectfully submitted, Stephen Christopher iaco, Respondent Adams Diaco, PA. 101 E. Kennedy Boulevard; Suite 2175 Tampa, Florida 33602 (813) 221-8669 Florida Bar ID No.: 999792 sdiaco?gadamsdiacocom Date: May 11, 2015 Gregory W. Kehoe Florida Bar No. 486140 Danielle S. Kemp Florida Bar No. 474355 Greenberg Traurig, PA. 625 East Twiggs Street, Suite 100 Tampa, Florida 33602 Telephone: 813.318.5700 Facsimile: 813.318.5900 kehoeg@2tlaw.com kempd@gtlaw.com rechtinh?lgtlawcom ?service@gtlaw.com Respectfully submitted, Joseph A. Corsmeier Florida Bar No. 492582 Law Of?ce of Joseph A. Corsmeier, RA. 2454 North McMullen Booth Road, Suite 431 Clearwater, Florida 33759-1339 Telephone: 727.799.1688 Facsimile: 727.799.1670 1/ Gregory Kehoe Counsel]. Respondent Stephen Diaco CERTIFICATE OF SERVICE I hereby certify that the original hereof has been furnished by regular US. Mail to the Honorable William Douglas Baird, Referee, at the Pinellas County Justice Center, 14250 49th Street North, Clearwater, Florida 33762; with a copy by email to his judicial assistant, Helen Skidmore, at hskidmore@iud6.org; and a copy by email to Jodi Anderson Thompson, Bar Counsel, at her primary email address of and her secondary email addresses of and and to John Harkness, Executive Director, The Florida Bar, by email at on his 11th day of May, 2015. Gregory W. Kyl?e