Category Archives: Law: Practice

Rumpole on the Rampage

The Justice Building Blog, a gossipy yet serious attempt to talk about what happens in the local courts, is on a bit of a roll recently: I recommend both Diary of a Mad Jurist and Traffic.Parking (about how to improve conditions in traffic court). Having been through it recently, I especially like the idea of moving traffic ticket soundings (in which the magistrate offers most offenders a plea — usually, so many dollars, no points) online. But I wonder if the proposed rule about never allowing continuances isn't a bit harsh. Even the feds allow them for illness, for example.

On the other hand, I do think that last week's post about the TV exposé of local cops is a bit late (unless maybe the local station is doing reruns?). I wrote about it a year ago.

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The Herald Profiles a Local Legal Legend

Great article in the Miami Herald this morning about UM Law alum and old-school criminal defense lawyer Sy Gaer. And absolutely don’t miss the sidebar with quotes about and by Sy Gear.

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The Origins of the Yellow Legal Pad

Legal Affairs recounts the origins of the legal pad.

Personally, while very devoted to yellow yellow pads up through law school, I discovered that I really preferred white pads some time early in law practice. I think they are easier to read.

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‘Rumpole’ Finds a Cause

[Update (5/11): As noted by a commentator, Rumpole retracts!

THE FOLLOWING POST IS INCORRECT. RUMPOLE BLEW IT. SEE THE POST ON 511/06. JUDGE FARINA HAS NOT ORDERED ANY INTERPRETER NOT TO INTERPRET FOR A DEFENDANT’S FAMILY. SORRY. WE BLEW IT.

Maybe I should change the title to “Rumpole Loses a Cause”? (Although as the comments to the later story make clear, the incident really happened; seems it was just a misunderstanding of some kind.)]

“Rumpole” of the Justice Building Blog, now quite the talk of Miami-Dade litigators, has found a Cause, and it’s a good one:

JUSTICE BUILDING BLOG: NO HABLA INGLES….EVER

Here is the scene:
A lawyer is in court.
The Defendant is in custody.
There are sensitive plea negotiations at sidebar.
The case gets reset.
The defendant has to surrender his passport, pay a large fine and restitution before the case gets settled and he can get out of jail.
The new court date is two weeks away.

The interpreter does her job in court and on the way out the attorney wants to tell his client’s family the new court date and what needs to be done.

The attorney signals to the interpreter, who walks over and in Spanish asks the people if they are defendants.
They politely tell the interpreter that no, they are the family of the defendant who was just in court and they ask her what happened and when they have to be back in court.

The Interpreter reaches into her pocket, pulls out her reading glasses, clears her throat (ahhem) and loudly says for all to hear:

HEAR YE HEAR YE, BY ORDER OF THE CHIEF JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, I CANNOT ANSWER ANY OF YOUR QUESTIONS.
FURTHERMORE, BY ORDER OF THE CHIEF JUDGE, I CANNOT TRANSLATE ANY INSTRUCTIONS FROM YOUR ATTORNEY.
YOU MAY NOT BE TOLD THE NEXT COURT DATE.
YOU MAY NOT BE TOLD WHAT JUST HAPPENED.
WELCOME TO THE ELEVENTH JUDICIAL CIRCUIT OF DADE COUNTY.
I AM AUTHORIZED TO CONVEY TO YOU THAT THE CHIEF JUDGE, ON BEHALF OF ALL OF THE JUDGES OF THE ELEVENTH JUDICIAL CIRCUIT,
WISHES YOU A VERY NICE DAY.

This is not the rule elsewhere, not even in nearby Broward, which is not perhaps the watchword for sensitivity to non-English speakers and minorities. As Rumpole says, “WHEN BROWARD TAKES THE LEAD IN RACIAL OR ETHNIC SENSITIVITY, THEN YOU KNOW SOMETHING IS WRONG.”

Posted in Law: Practice, Miami | 4 Comments

Deposition Texas-Style

Someone posted to YouTube a short video of a particularly horrific deposition excerpt, captioned “Joe Jamail and takes a deposition defended by Edward Carstarphen. Hilarity ensues.” Well, not exactly.

Joe Jamail is a famous Texas lawyer, who has won some big cases and collected some giant fees. Most notably, Jamail represented Pennzoil against Texaco and won a jury verdict for $10.53 billion, then the largest jury verdict ever. Texaco later settled for $3 billion, and Jamail pocketed a third of that.

I suppose it is possible that Mr. Jamail had been smarting from the loss of his title as world’s rudest lawyer. As reported in the National Law Journal in April, 2000,

Until recently, the classic example of incivility in litigation was famed Texas lawyer Joe Jamail’s defense of a deposition witness in the 1993 Paramount-QVC Network-Viacom takeover battle. According to the excerpts of the deposition transcript included in an addendum to an opinion by the Delaware Supreme Court, Jamail told the examining lawyer that he could ‘gag a maggot off a meat wagon’ and made other vituperative remarks that the Delaware court labeled ‘extraordinarily rude, uncivil and vulgar.’ . … Mr. Jamail’s ‘maggot’ rhetoric has now been displaced by a new classic in incivility: a pre-suit letter sent by a New York litigator that threatened the prospective defendant with the ‘legal equivalent of a proctology exam’ if the plaintiff’s claim weren’t satisfied without litigation.

Maybe he wanted his title back.

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Law Firm or Cult?

Law firm or cult? Jill poses the question as she looks on life After the law firm.

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