He F#cked Around and Found Out | Anthony R. Friedman d/b/a Friedman Law Firm LLC

The Origin of the multitude of violations of the Missouri Model Rules of Professional Conduct (Rule 4) began on June 26, 2023. The following vignette describes the first hand experience of plaintiff client Albert B. Pepper Jr. during a mediated settlement agreement conference.

So, I said to Ted Osburn of Osburn, Hines and Yates: "I want it all..! I want the whole million. - Now go get 'em tiger..!"

Backstory:

Ted Osburn acted as mediator during a mediated settlement agreement conference in the matter of Pepper v. Gelfand M.D. that was held at the law office of The Simon Law Firm P.C. in St. Louis Missouri on June 26, 2023 (case #19SL-CC04680)

Osburn gave me his introduction and said to me quote: "You can tell me anything and I promise, I won't tell the other party."

Now this statement left me puzzled and I wondered: "Does the attorney - client privilege extend to the mediator as well? (Just a few moments prior when Osburn asked Friedman where we should start, Friedman volunteered quote: "We have statutory caps." - This one statement by Friedman gave away over 50% of a one million dollar policy of which Friedman told me we had available and never advised me nor obtained my informed consent that we would begin our negotiations by anchoring our opening demand at approximately $467,000)

When Osburn made his statement to me with regard to trusting his position as mediator I turned to my counsel Anthony Friedman who was relatively silent during the whole mediation who left me ill prepared for mediation and I asked him: "Should I tell him my bottom line?" Friedman, maintaining a stoic "Jared Kushner style of composure" nodded to me in the affirmative.

Then I turned back to Osburn and replied: "I want it all..! I want the whole million..!!!" - Osburn said: "Well, if that is what it's going to take........" Then I replied: "Yes, that is what it's going to take. .... Now go get 'em tiger..!!!" To me it was absolutely amusing and I wish I could have seen the expression upon Friedman's face but Friedman was seated slightly behind of my right shoulder as I was communicating with Osburn.

This type of behavior I presented may seem somewhat aberrant for such a somber engagement as a mediated settlement agreement conference in deed. However, the back story is that the entire mediated settlement agreement conference was an "ambush" upon me the plaintiff.

Each one of the participants at mediation, Anthony Friedman, Elizabeth McNulty, Ted Osburn, Randall Bauman, Paul Schoenlaub knew exactly what was going on during this m.s.a.

During the entire m.s.a. as I remained seated in the conference room as both Friedman and McNulty took turns entering and exiting the room while one would remain with me. - Ted Osburn, Paul Schoenlaub and Randall Bauman were in another conference room within The Simon Law Firm.

Several weeks earlier Anthony R. Friedman of the Simon Law Firm P.C. who was acting as lead counsel had already become hostile towards me, his client and had already egregiously compromised my cause and complaint. The facts and details of which I have treated in a complaint I filed with the Office of Chief Disciplinary Counsel naming Friedman as respondent which has resulted in an investigation being opened on February 17, 2026. (File #25-2531-X)

Consider these elements -

1) After three years of litigation we entered into mediation having no expert witness testimony to establish the extent of the injuries the plaintiff suffered. We entered into mediation without any negotiating leverage.

2) There was absolutely no client prep prior to mediation.

3) There was no case theory developed or shared with the client.

4) Counsel never sent a demand amount, demand letter to defense counsel prior to mediation.

5) Counsel did not advocate for his client during mediation but engaged passively, as an observer as the plaintiff client grappled with process being unsophisticated.

But wait, there's more....!!!

6) During a break in the midst of the mediated settlement agreement counsel Anthony R. Friedman shared privileged information, the contents of an e;mail that he received that morning from his client with the defense counsel..!

Privileged information with regard to case theory and strategy. The word product and state of mind of Friedman's client. Friedman shared it with opposing counsel.

7) When Friedman returned from the break he advised me, his client, that he was leaving the law firm in about a week and would not be representing me at trial. He further went on to make cryptic statements such as: "You only have one arrow in your quiver" implying that this m.s.a. was my only chance to obtain any compensation or recover for my injuries.

Another cryptic statement Friedman had made was quote: "The monk never leaves the monastery".

This statement may seem unusual to the casual reader but the context wherein the statement was made is that as a result of my injuries for which I was seeking financial compensation for I was disposed from a hospital emergency room into a Residential Care Facility.

Destitute and penniless. Friedman knew that my only opportunity to regain autonomy and independence was a successful conclusion to the personal injury claim. The utterance of the statement by Friedman was both a curse and pressure tactic for me to accept what ever the defense counsel was prepared to offer.

Opposing counsel put nothing more than $40,000 on the table out of a one million dollar policy and I had no intention of settling the matter for nuisance value so that Friedman could recover some compensation for the litigation he had engage in prior to his departure.

Four days later on June 30, 2023 Friedman did in fact leave the law firm and the case was given to junior associate Elizabeth C. McNulty without having any prior trial court experience to clean up the mess Friedman created and to dispose of the matter discreetly.

Therefore, if my presentation seems to be somewhat "cheeky" it was as a result that I resolved that the continuation of this case after my counsels betrayal was more for the amusement and intellectual curiosity than financial recovery.The dark humor is that these "lawyers" in concert, had one objective in mind and that was to bring this claim to a resolution. - All the while, I remained in a state of repose while enjoying the interpersonal dynamics and the intrigue of what was going on about me. - If only the value of that experience could be quantified. Conclusion: The named parties would be well advised to neither alter nor spoliate their mediation notes whereas the Office of Chief Disciplinary Counsel is not investigation the allegations naming Friedman as respondent. - The other named parties may have had a passive role or was imposed upon by Friedman. A complaint with the O.C.D.C naming Elizabeth C. McNulty and her conduct, misconduct will be soon forthcoming as well. - Friedman and McNulty were retained counsel. I have no regard for the other participants who themselves are all licensed attorneys an are subject to the Missouri Model Rules of Professional Conduct (Rule 4). I will leave their disposition up to the investigation of the O.C.D.C.Albert B. Pepper Jr., plaintiff litigant

In the interim, while the O.C.D.C. is conducting their investigation The Friedman Law Firm LLC has collapsed and the machinations of Anthony R. Friedman no longer present a threat to the unsophisticated consumer of legal services.

To be continued......

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