Trial lawyer organization admits it organized smear on Tom Leek

The Truth Matters attack ad on Tom Leek. Screenshot via LiberalLeek.com.

After denying involvement in a smear campaign against Senate candidate Tom Leek, a trial lawyer group is praising members for participating.

“As an organization, we sent a necessary message to any legislator that would consider acting against the Civil Justice system,” wrote Todd Michaels, president of the Florida Justice Association (FJA), in an email to members obtained by Florida Politics.

Leek won the Republican nomination in the Senate District 7 race in August, securing 47% of the vote to former St. Johns County Sheriff David Shoar’s 28% and former wrestler Gerry James’ 25%.

Michaels’ email, sent out through the Florida Justice PAC, clarifies that it’s not the outcome FJA wanted.

“Despite the incredible efforts of our organization, David Shoar did not secure a win in the Republican Primary election for Senate District 7,” Michaels wrote. “While the data seemed to indicate that the race would be very tight, Tom Leek won the race by a significant margin. There is no sugarcoating that.”

But what’s most striking about the email isn’t the bitterness over Leek’s win but the openness about rooting against it.

Before Shoar entered the race, speculation arose that trial lawyers wanted Leek to lose after a new political committee, The Truth Matters, started financing ads attacking the sitting House member. Immediately, ties to the law firm Woolsey Morcom were immediately apparent, and fundraising reports eventually showed trial attorneys from across Florida donated to the effort. Once Shoar filed, The Truth Matters started running ads supporting the candidate.

Yet throughout the Primary campaign, officials with FJA made statements to Florida Politics such as “our PAC didn’t contribute one lick to that effort.” Technically, it never did. Instead, attorneys, including Michaels, donated individually to a committee called Floridians for Accountability, Freedom and Opportunity, which in turn donated to The Truth Matters, but money did not pass through the Florida Justice PAC.

The email from Michaels, however, leaves no doubt that FJA coordinated the rhetorical assault on Leek. Despite Leek’s 19-percentage-point win, the email blast suggests that it was money well spent.

“Though Leek won, he is bloodied,” Michaels wrote. “He has been significantly weakened, and his self-dealing and anti-consumer record has been exposed.”

That doesn’t likely apply to the General election. Leek faces Democrat George ‘T’ Hill in November, but Hill through Sept. 6 spent just over $36,000 to Leek’s more than $699,000, and the candidates are running in district where more than 62% of voters supported Republican Donald Trump in the 2020 presidential election.

The FJA email recognizes Leek will likely fill a seat in the Florida Senate after November. But Michaels said by dragging the candidate on TV, digital and mailers, the association sent a message that lawmakers promoting policies that hinder the work of trial lawyers will regret it. It explicitly said Leek brought the attacks on himself by co-sponsoring a lawsuit abuse bill (HB 837) in the 2023 Legislative Session.

“While one of the biggest enemies of justice continues on, he does so as a cautionary tale of what will happen if your legislative record puts insurance company profits over policyholders’ rights,” Michaels wrote.

After discovering Michaels’ email, Florida Politics asked for a reaction from soon-to-be-Senator Leek. Known for his calm demeanor, Leek nonetheless pulled no punches:

“After reading Michaels’ message, the fingerpointing and backstabbing by all of those involved desperately seeking to deflect, divert and deny FJA’s spectacular failure in SD7 is something special.” said Leek. “Yet, there it is, undeniable, for all to see. The pretense that this was not an FJA sanctioned hit, just the effort of rogue members, gone as if the lie had never been uttered, only to be replaced by another unbelievable assertion that it was the pollster and the consultants who failed them. Perhaps the fault lies within, or among them all. There may be no shame in losing, but there is shame in lying – at least for the rest of us.”

Leek had more to say about the outcome of his primary election, specifically in response to Michaels’ efforts to shift the blame for his organization’s defeat.

“The FJA lost this race by 20 points. That’s right, 20 points. Despite spending more than $11 million on attack ads and running a former St. John’s County Sheriff against me – 20 points. But, it was worse than that. 88% percent of the votes came from counties in which I was an entirely unknown candidate. My home county of Volusia, the only part of SD 7 I had represented in the State House, made up only 12% of the voters in the District. Nonetheless, the FJA managed to run a campaign that lost every county in the District. Their candidate came in 3rd place in his own backyard of St. Johns County. Of the 135 precincts in the District, we won 124 of them, and the FJA won exactly ZERO precincts in St. John’s County. They only won four precincts overall in the District.”

Continued Leek, “their attacks were clumsy and ludicrous, started too early, were too frequent, and were so over the top as to immediately lose credibility. Their mail pieces against me landed 2-4 per week starting in April, more than four months prior to the election. Their constant text messaging numbed cell phones from Ponte Vedra to Palatka to Ormond Beach. Television commercials aired three and four times per hour, then per half hour from 4:30 in the morning till beyond midnight daily, originating out of just two media markets. The FJA easily dropped over four million dollars in the Orlando media market alone, and in those two counties they won not a single precinct and their candidate received less than 7,000 votes.”

That volume of negative campaigning directed against him can probably explain why Leek is so keen at making sure those responsible do not escape accountability.

“Todd Michaels and Steven Cain personally travelled to St. John’s County waving signs on street corners wearing the t-shirt of the FJA’s preferred candidate,” said Leek. “Yet, the attacks fell flat and poll after poll had me winning by double digits before the 4^th of July, even before the first mail ballots went out. Yet, they spent even more.”

“FAFO, indeed,” concluded Leek in a nod to the trial lawyers cut-by-half-named political committee.

Below is the full text of Michaels’ email:

Colleagues,

I want to begin by thanking each and every member of the FJA for your support, your commitment to the fight for justice for all and for supporting bold efforts as we endeavor each and every day to seek that justice in the courts, in your firms and certainly in the halls of the Florida Capitol. 

Despite the incredible efforts of our organization, David Shoar did not secure a win in the Republican Primary election for Senate District 7.  While the data seemed to indicate that the race would be very tight, Tom Leek won the race by a significant margin.  There is no sugar coating that. 

However, as an organization, we sent a necessary message to any legislator that would consider acting against the Civil Justice system. Though Leek won, he is bloodied. He has been significantly weakened, and his self-dealing and anti-consumer record has been exposed. 

As an organization, we made a decision to engage in this race fully. In doing so, we took on the establishment in a way we haven’t done in years.  

Power does not relinquish itself easily, and this battle was fought day-in and day-out for months.  It is the easiest thing in the world to find an excuse not to do something hard, but we made a decision as an organization to fight a necessary and important battle.  There is always risk involved in taking on a project of this magnitude, but it is the only way to control our own destiny.  

While the race did not work out as we had hoped for and worked for, it was still important that we ran it and saw it all the way through. A message has been sent. 

Tom Leek was one of the leaders of the cohort in the Legislature that attacked our clients, our practices, and the Civil Justice system. It was a moral imperative that we stood up and fought to make sure that he did not walk into the Senate and continue his attack on Justice.  

This should be the norm in this organization for years going forward.  There must always be a consequence for those who oppose Justice.  There is no shame in losing, there is only shame in not standing up and fighting back when we are attacked.   

This campaign was a true group effort. Our staff was beyond compare. They worked tirelessly to support this effort.  Everyone played a role, but I want to specifically recognize our Political Director, Lydia Claire Brooks who was the mastermind of this effort, Ami Wheeler who organized the fundraising, and our fundraising team that did the hard work day to day to make sure that the campaign could be fully funded. I also want to recognize our Executive Director, Jeff Porter who led us through this fight. 

Likewise, the efforts of our members were astounding.  We gave more than we ever have to a race in terms of time, money, and effort.  So many people spent their Saturdays walking the district, their workdays on phone calls, and left it all out on the field. 

I simply could not be more proud. 

After the 2023 legislative session and HB 837, we knew that we were going to need to send a message during the 2024 election cycle.  

The resources and support that were invested in the SD 7 race still delivered that message:  If you harm Floridians, if you stand in the way of justice for all and access to the courts, there will be consequences.  

The effort in SD 7 was a testament to what this collective group of fighters can and will do to those who seek to limit justice for all.  

We headed into this election cycle knowing that it was going to be a generational election. Like all elections, it presented an opportunity to elect a new set of legislative leaders that will protect Florida’s civil justice system. It also represented an opportunity to send a message in response to HB 837 and would-be enemies of open courts: there are consequences for hurting Floridians. 

Of course, Senate District 7 was not the only battle we fought.  Despite the disappointment of that race, we had an extremely successful night in backing winning pro-justice candidates in House and Senate races around the State. 

Look for a Political Update from Political Director Lydia Claire Brooks in your inbox tomorrow with more details about specific primary races. 

And while one of the biggest enemies of justice continues on, he does so as a cautionary tale of what will happen if your legislative record puts insurance company profits over policyholders’ rights.

While this election was about sending a message, it was also about the future leadership of the Florida Legislature. Leaders for both chambers are selected six years out, meaning this primary election cycle will dictate who the leaders of the 2031 and 2032 sessions will be.  We are proud of our role in that. 

As defenders of justice, FJA members take bold action, we believe the fight for justice requires bold action, and continue to fight BECAUSE we can all rely on each other to put an oar in the water when bold action is called needed.  

FJA members have stepped up.  FJA past leaders have provided invaluable guidance, and our current crop of leaders on FJ PAC and our Executive Committee have shown unwavering enthusiasm, leadership, and dedication.   

I am grateful for the opportunity to serve as President at this time as we face these fights and challenges. Now we turn our attention to the general election and to electing a growing roster of pro-civil justice leaders to the Florida Legislature.

Thank you for standing with us.

Sincerely,

Todd J. Michaels, President

Florida Justice Association