Tough Judge Fines Lawyer $4,000 for Being 8 Minutes Late

GeorgiaLeeLang025A three-day murder trial in Arkansas was aborted this week when defence counsel , Jim Morris, showed up eight minutes late, and failed to telephone the court to advise he was on his way.

Judge Bynum Gibson had requested that counsel appear at 8:30 am to deal with several preliminary motions. The trial was set to commence at 9 am with the selection of a jury. At 9:08 when  Mr. Morris arrived, the potential jury members and witnesses, numbering 60 to 70, had been already been dismissed by the judge.

Counsel Morris told the Court he had to drop his daughter off at camp in Little Rock and was unable to call the Court due to bad cell phone reception. Judge Gibson,  who was also an AT&T subscriber, didn’t believe him.

Judge Gibson said: “I would have given you some lee-way, if you had called,” adding that 60-70 jurors had to be paid, and multiple witnesses had to be reimbursed.  “I’ve had defendants not show up, but never had attorneys show up after 9 o’clock. It’s killed 3 days of court time.”

Judge Gibson levied a fine of $4,000 against Mr. Morris, despite his protestations that he couldn’t pay such a large fine. Judge Gibson told him that initially he had considered jailing him, but decided a fine would suffice. Lawyer Morris replied “I merely made a bad decision, trying to be a good father.”

Demarcus Veasey’s first-degree murder trial was adjourned to July 2016. While Judge Gibson’s treatment of Mr. Morris was harsh, what is most notable is that accused Mr. Veasey, who allegedly committed the crime in January 2016 was set for trial only 6 months later, and the trial was set for a mere 3 days. I’d say the State of Arkansas knows how to get down to business, wouldn’t you?

Lawdiva aka Georgialee Lang

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Child Custody Dispute Leads to Hitman

GeorgiaLeeLang100Dan Markel worked hard and led a blessed life, until he didn’t. Toronto born and raised, the 41-year-old graduated with a degrees from Harvard, Hebrew University of Jerusalem, and Cambridge, capping his academic achievements with a  Juris Doctor degree from Harvard Law School. He practiced white-collar criminal law and civil litigation before he became a tenured professor at Florida State Law School teaching criminal law. He wrote for academic journals and crafted controversial opinion pieces for  prestigious publications including the New York Times, Slate, and The Atlantic. Mr. Markel was an impressive man who was revered by his colleagues.

He was married to Wendi Jill Adelson, also a lawyer and professor at Florida State, and had two young sons. But his happy life began to crumble when his marriage  floundered, followed by a bitter divorce in 2013.  But the worst was yet to come.

In July 2014 Dan Markel pulled into the driveway and garage of his upscale Tallahassee, Florida home, just about to end a call on his cell phone, when he advised the caller that another vehicle was in his driveway. Those were likely Dan Markel’s final words before he was shot in the head. He died the next morning.

At first the police believed his death was related to online criticism he had received or from his legal consulting practice.  Almost immediately rewards totalling $125,000 were announced for information leading to the arrest of Mr. Markel’s assailant, but the case went cold, until last month.

On May 26, 2016 Tallahassee police arrested Sigfredo Garcia in connection with Dan Markel’s death. A “probable cause” affidavit unsealed by the Court indicated that Garcia did not act alone and that as a “hitman”,  his involvement likely stemmed from the contentious child custody matters that lingered from the Adelson/Markel divorce. Court proceedings were pending which could have prevented Ms. Adelson’s parents from carrying on with their grandparent relationship with the couple’s children, based on allegations they were badmouthing Mr. Markel. As well, Ms. Adelson’s desire to change the children’s residence from Tallahassee to Miami was at issue.

Authorities have not yet suggested that Wendi Adelson is a suspect in her ex-husband’s murder, but have indicated that further arrests should be expected. Friends of Dan initially refused to speculate on Ms. Adelson or her family’s involvement in his tragic death, but news of the arrest has prompted several to confirm that all along they believed the high-conflict custody dispute played a part in his murder.

 

Lawdiva aka Georgialee Lang

 

 

 

 

 

 

Florida Man Sentenced to 33 Years for Fatal DUI

GeorgiaLeeLang032Kenneth Jenkins, age 33, of Florida just received the stiffest sentence possible for driving drunk in 2008, a drive that ended with the death of three persons. His response? He blames his lawyers.

Jenkins was driving his car on I-95 freeway when he collided head on with a Mercedes carrying Boris Rappaport, age 54, Rappaport’s mother, Renee, age 78, Renee’s boyfriend, Robert Rutman, age 83, and Angelina Pagliuca, age 58. Ms. Pagliuca survived the crash.

His blood alcohol reading was .182, more than twice Florida’s legal limit. Despite evidence that he was the wrong-way driver, his lawyers attempted to prove that it was the Mercedes that was in the wrong. During the sentencing hearing last week, Jenkins told the court that he wanted to accept the blame but his lawyers pursued that strategy and that he trusted his lawyers. He testified that he had no memory of the accident.

But Jenkins’ “nail in the coffin” was a video taken by a private investigator hired by one of the deceased’s relatives, handed over to the court, and viewed by the judge reviewing the sentence imposed at the urging of Jenkins’ new lawyers. The video was taken just before the sentencing hearing and showed Jenkins, out on bail, playing “beer pong” at a local bar. Judge Charles Burton said:

” engaging in a drinking game on the eve of sentencing is a slap in the face and an affront to the victims and their survivors and friends.”

Jenkins’ lawyers suggested to the Court that if it were not for his previous lawyers delaying the resolution of his case, he would not have had an opportunity to play beer pong and that by not pursuing an early guilty plea, they prejudiced Mr. Jenkins.

Judge Burton was not impressed with the suggestion that Jenkins had been let down by his previous counsel saying:

“the trial lawyers conducted themselves professionally and competently by investigating the case, especially in light of the fact that there were two witnesses who suggested that the victims were going in the wrong direction.”

Florida State sentencing guidelines call for a minimum of 32 years, 10 1/2 months in prison and a maximum life term.  Judge Richard Oftedal, the original sentencing judge, could have justified a sentence going below the minimum but declined.

The Florida Department of Corrections reports that inmates typically serve about 85% of their sentence before they are paroled.

Lawdiva aka Georgialee Lang

Watch What You Say Online or Be Sued

A  divorce  lawyer in Florida was awarded $350,000 in punitive damages for false statements made by a former client who was unhappy with the services she received from her lawyer.

Both the client and her ex-husband  posted comments on multiple websites which read:

“This lawyer represented me in my divorce. She was combative and explosive and took my divorce to a level of anger which caused major suffering of my minor children. She insisted I was an emotionally abused wife who couldn’t make rational decisions which caused my case to drag on in the system for a year and a half so her FEES would continue to multiply!! She misrepresented her fees with regards to the contract I initially signed. The contract she submitted to the courts for her fees were 4 times her original quote and pages of the original had been exchanged to support her claims, only the signature page was the same. Shame on me that I did not have an original copy, but like an idiot . . . I trusted my lawyer. Don’t mistake sincerity for honesty because I assure you, that in this attorney’s case, they are NOT the same thing. She absolutely perpetuates the horrible image of attorneys who are only out for the money and themselves. Although I know this isn’t the case and there are some very good honest lawyers out there, Mrs. G.  is simply not one of the “good ones. Horrible horrible experience. Use anyone else, it would have to be a better result.”

“I accepted an initial VERY fair offer from my ex. Mrs. G. convinced me to “crush” him and that I could have permanent etc. Spent over a year (and 4 times her original estimate) to arrive at the same place we started at. Caused unnecessary chaos and fear with my kids, convinced me that my ex cheated (which he didn’t), that he was hiding money (which he wasn’t), and was mad at ME when I realized her fee circus had gone on long enough and finally said “stop”.  Altered her fee structures, actually replaced original documents with others to support her charges and generally gave the kind of poor service you only hear about. I’m not a disgruntled ex-wife. I’m just the foolish person who believes that a person’s word should be backed by integrity. Not even remotely true in this case. I’ve had 2 prior attorneys and never ever have I seen ego and monies be so blatantly out of control.”

Both the client and her ex-husband appealed the damage award, however, just before the appeal was to be heard the ex-husband withdrew his appeal saying that he had settled the matter with the attorney.

 

His ex-wife however, did not abandon her appeal and the appellate court remarked that even if she had, they would not have dismissed the appeal, because it raised an important issue with respect to free speech protections vis a vis reviews of professional services posted on the internet. The court said the issue merited discussion as it presented a scenario that would likely occur again.

At trial, both defendants admitted they had posted the online reviews. The evidence at trial included a written retainer agreement signed by the attorney’s client which proved that the lawyer had not charged her four times more than what was quoted in the agreement, a fact both defendants later admitted.

If a statement is true it will not be defamatory, but in this case the alleged overcharging was a falsehood. It simply wasn’t true. The appeal court rejected the defendant’s suggestion that their rights of free speech protected them from voicing their “opinion” online.

 

The court disagreed saying:

“An action for libel will lie for a ‘false and unprivileged publication by letter, or otherwise, which exposes a person to distrust, hatred, contempt, ridicule or obloquy or which causes such person to be avoided, or which has a tendency to injure such person in [their] office, occupation,  or business….”

 

The lesson here is to think twice before you publicly criticize a service provider, but if you feel compelled to do so, you better be sure you can prove your comments are true.

Lawdiva aka Georgialee

 

 

Lawyers’ Christmas Card Greetings

Just for fun, I’ll set out the sentiments from a few lawyers’ Christmas cards:

1. Picture an intense lawyer grilling Santa Claus on the witness stand:

“I’ll ask you again sir, did you or did you not look at my client, and in a crowded shopping mall, in front of her children, call her not once, but three times… a ho?”

2. A lawyer making closing submissions in court:

“The evidence will clearly show that my client, Mr. Claus, was not the driver of the sleigh the night that Grandma, as the charges read, “got run over by a reindeer”.

3. This time it’s a sleigh full of reindeer being pulled by Santa Claus:

“Our lawyers sure know how to negotiate an employment contract.”

4. Husband reading a Christmas card to his wife:

“Honey, our lawyer wishes us, but in no way guarantees a Merry Christmas”

5. Child sitting on Santa’s lap in a department store:

“Actually my legal counsel has advised me to plead the 5th with respect to “naughty or nice”.”

6. Santa standing outside the front door of a home on Christmas Eve
with his lawyer:

“My client would like you to sign this waiver before he descends your chimney.”

7. A lawyer sitting on Santa’s lap in a department store, reading his Christmas
wish list:

“Sympathetic judges, evidence that is irrefutable, friendly juries, no hostile witnesses.”

8. Young boy sitting on Santa’s lap in a department store:

“As to your question “Were you a good boy?”, my attorney tells me I have the right to remain silent.”

MERRY CHRISTMAS!

Lawdiva aka Georgialee Lang

 GeorgiaLeeLang057

Husband Sues Wife’s Divorce Lawyers for Fraud

GeorgiaLeeLang025Statistics suggest that 98% of family law cases settle out of court. For the unlucky few who can only obtain finality and closure with the aid of lawyers and judges, the journey is long, tortuous, and expensive.

Kenneth Felis of Vermont found himself engaged in divorce court proceedings that drained him emotionally and financially.

The parties had one child and a family estate worth between $12 to $15 million dollars, made up of cash, real estate and business interests.

HIs wife, Vicki, retained the law firm of Downs, Rachlin Martin to represent her in the court action. They, according to Mr. Felis, escalated the conflict by implementing a strategy that generated exorbitant legal fees and was intended to “harass and injure” him.

He sued the law firm for fraud and breach of fiduciary duty for “pursuing unreasonable legal positions, demanding extensive and unnecessary discovery, promoting and claiming outrageous asset valuations, raising claims without proper foundation . . . and billing excessive time.”

The firm had retained business valuators Gallagher, Flynn and Company on behalf of Ms. Felis, who were also named as defendants in Mr. Felis’ lawsuit.

Felis argued that at the outset of the multi-year litigation the “red fee-building flag went up” when Vicki Felis’ lawyers twice asked the court  and obtained  large distributions of cash to fund her lawyers and the business valuators.

Many jurisdictions permit family law litigants to request advances of cash or assets to enable them to pay for their litigation. It is only recently that British Columbia’s family law legislation was amended to permit these applications as well.

Mr. Felis was particularly incensed by his wife’s claim that he had “wastefully dissipated” millions of dollars from the family assets. To respond to the allegations, Felis’ lawyer was compelled to review and produce copious, detailed financial records and accounting documents, a process that required extensive time and generated additional legal fees.

The Court found Ms. Felis’ allegation of dissipation of funds to be without merit and dismissed her claim.

As for the business valuators, Mr. Felis argued that after years of discovery and production of all relevant documents, Gallagher, Flynn and Company “intentionally and wrongfully put up false expert testimony in an attempt to influence the court to improperly value [plaintiff’s] business assets and achieve an exorbitant and outrageous property distribution for Ms. Felis that was not grounded in the law.”

Mr. Felis also alleged that his wife’s lawyers submitted a false financial affidavit that incorrectly identified her debts, in an effort to gain increased child support.

By the time the divorce proceedings were finalized Ms. Felis’ lawyers’ bill was over $800,000 not including the business valuators’ bill of $248,000, all of which would be paid from the parties’  family assets, meaning that Mr. Felis was on the hook for one-half of over a million dollars in legal and valuation fees.

Regrettably for Mr. Felis, both the trial and appeal courts held that his wife’s lawyers owed no “duty” to him on which he could base a claim of breach of fiduciary duty. The law firm’s duty was to their client, not their client’s spouse. They also held that Felis had not alleged or  proven the requisite elements of fraud and thus, that claim failed as well.

The simple fact is that spouses may choose the lawyer they wish. Some divorce lawyers approach all their cases as a full-scale battle and unfortunately, unsophisticated clients tag along for the ride, while more discerning clients put a stop to strategies that only increase the conflict.

Mr. Felis’ complaints may have been legitimate  but there is no basis in law for the  courts to intervene.

Personal Injury Lawyer Jailed for 20 Years For Judicial Bribery and Fraud

BarristerIn an audacious criminal conspiracy Texas personal injury lawyer Marc Garrett Rosenthal was sentenced to 20 years in prison for paying Austin, Texas Judge Abel Limas to hand down court rulings favourable to his clients. He also “bought” witnesses, coaching them in their testimony; fabricated evidence; and manipulated the court system to ensure his cases were heard by his judicial co-conspirator.  This week his appeal of conviction was dismissed. Judge Limas, who was the prosecution’s star witness, had earlier been sentenced to a six-year jail term.

The Appeal Court’s Reasons set out Rosenthal’s misdeeds, several of which involved lawsuits brought by Rosenthal against Union Pacific Railway. In one instance, he acted for the estate of a man who was killed when a train struck his vehicle at a railway crossing.

Rosenthal and his legal assistant Gilbert Benavides persuaded Benavides’ cousin to make a false statement in an effort to force Union Pacific to settle the case. The cousin falsely swore that he was present at the accident scene and witnessed the train hitting the stopped vehicle without sounding its horn or warning of its approach. Attorney Rosenthal used the false testimony to induce the train corporation to pay his client a sum in excess of $1 million dollars. He also paid a kickback of $5,000 to his assistant’s cousin and $4,000 to another of Benavides’ relatives.

In another Union Pacific court action, Rosenthal represented a woman who was severely injured when she fell from the train while attempting to board illegally. The evidence revealed that Rosenthal directed his assistant to bribe the deputy sheriff present at the accident scene to testify that the train’s engineer invited the woman to board the train. The sheriff was also told to say that he overheard the train engineer say that the company “did not care if its train ran over wetbacks.”

In his effort to induce a settlement Rosenthal also advised Union Pacific that in the absence of a settlement he would erect billboards displaying Union Pacific’s alleged comments about illegal Mexican immigrants. Not surprisingly, Union Pacific settled for $575,000. The deputy sheriff was paid $4,000.

Rosenthal expanded his fraudulent scheme when he hooked up with former state legislator, Jim Solis, who began working as associate counsel in Rosenthal’s office. Solis was instructed by Rosenthal to connect with a court clerk to circumvent the regular assignment of judges to cases and obtain Judge Limas for two of Rosenthal’s pending cases. At the time Judge Limas was running for re-election. He received thousands of dollars in donations from Rosenthal and other partners in the firm.

Wiretap evidence at Rosenthal’s trial provided convincing evidence of conspiratorial ex parte conversations between the judge, Rosenthal, and Solis, and revealed payments to Judge Abel for his cooperation. He received a total of $235,000 in bribes during his eight years on the bench.

Rosenthal’s defence team suggested that Jim Solis was a rogue employee who acted without firm approval, a submission that received short shrift. Solis was sentenced to four years in prison.

Rosenthal was also placed on probation at the conclusion of his prison sentence and ordered to pay $13 million dollars in restitution.

Sadly, in the eyes of the public the greed of these men undermines all the good work that lawyers and public officials do in their communities across North America.

“For the love of money is a root of all kinds of evil.” 1 Timothy 6:10

Lawdiva aka Georgialee Lang