The drama in Century Village reached its climax when the president accused the clerk of practicing law without a license. The clerk denies this.
Evergreen moments in the historic village
Evergreen is how these historic moments of Century Village will live on in the future memory of Palm Beach County
The Palm Beach Post
- The president of the organization that manages Century Village has filed a complaint with the Florida Bar Association accusing Clerk of the Court, Kelly Janssen, of providing legal advice to residents.
- In Florida, practicing law without a license is a third-degree felony.
- Janssen said the problem was that he sounded and acted like a lawyer, even though he was not and never had been one.
The drama at Century Village has reached a new level: The president of the organization that manages the sprawling senior living facility near West Palm Beach is accusing his own clerk of practicing law without a license.
Fausto Fabbro, president of the United Civic Organization, has filed a lawsuit with the Florida Bar Association accusing Kelly Janssen of providing legal advice to residents of the complex, one of the largest 55-and-over housing developments in South Florida with 309 condominium communities and more than 12,000 residents.
Practicing law without a license is a third-degree felony in Florida. It carries a maximum penalty of five years in prison and a fine of up to $5,000.
Janssen said the problem was that he sounded and acted like a lawyer, even though he was not and never had been one.
“They say my advice looks so official and reads so well that it could only have come from a lawyer,” Janssen told the Palm Beach Post. “That’s ridiculous and they know it. That’s as frivolous as it gets.”
Janssen says Fabbro filed the complaint after Janssen nearly defeated him in a recent election, losing by only seven votes. Janssen was subsequently elected clerk. Janssen is now trying to remove Fabbro from office for abuse of office as president.
NEWS FROM CENTURY VILLAGE: Century Village companies settle lawsuit claiming murder could have been prevented
“Janssen is essentially providing UCO members with misleading legal advice that is false and detrimental to their interests,” says the lawsuit filed with the Florida Bar Association, which says Janssen’s knowledge of the law is no greater than that of the average citizen.
Efforts to obtain a statement from Fabbro and UCO representatives were unsuccessful.
What was the trigger for the accusation that the secretary was practicing law without a license?
It concerns documents and advice that Janssen gave to residents as chairman of a “synergy committee” he recently set up to help answer questions about how the UCO works.
Some of the responses simulated “formal court briefs,” the complaint says. It also states, “The preparation of an official court brief is actively related to the practice of law.”
In an email to Century Village residents, Janssen says:
“The only specific allegation Fausto makes concerns the way I formatted a document. I have formatted several documents denying false allegations in exactly the same way and submitted them to the clerk. I have never been charged with unauthorized practice of law for using that format.”
Janssen said he knows the law and has taught himself how to file briefs, but he was careful to point out that he is not a lawyer and his answers should not be construed as legal advice.
The lawsuit alleges that Janssen is expected to continue to provide legal advice and that the Florida Bar is being asked to order him to cease and desist from any further unauthorized practice of law.
“Who’s paying for this? You and me. Fausto hired the UCO attorney to prepare the complaint form, which he signed under oath and notarized by Donald Foster (property manager). The attorney billed eight billable hours for the three-page complaint. I believe there are more billable hours being billed,” Janssen said.
Janssen is defending himself against the lawsuit filed with the Florida Bar. He filed a brief listing “three affirmative answers”: the allegations are false, the plaintiff has not alleged sufficient facts to support his allegations, and the plaintiff is publicly spreading false claims to harm the defendant’s chances in an upcoming election.
NEWS FROM CENTURY VILLAGE: Some residents believe the new Orthodox synagogue will divide the community
NEWS FROM CENTURY VILLAGE: County approves over 600 townhouses on site of old golf club in West Palm Beach
The UCO also took issue with Janssen’s legal response to its complaint. In an August 14 letter to the Florida Bar, UCO counsel objected to Janssen’s use of the phrase “affirmative responses, defendant and plaintiff.”
Janssen should present his arguments in simple language, “without a court-like style,” UCO demanded. The use of legal terms makes him look like a lawyer, the letter said.
Mike Diamond is a journalist at The Palm Beach PostPart of the USA TODAY Florida Network. He covers Palm Beach County government. You can reach him at [email protected]. Support local journalism. Subscribe today.
