Thursday, November 14, 2013

ATTORNEY ATTESTATION TO CLIENT

I crafted this contract addendum for people who cannot trust their attorneys.  If every client demanded proper answers and signature on this document, it would reduce lawyer shenanigans.  I have yet to hear or read a single cogent reason why an honorable lawyer should refuse to sign this with appropriate boxes checked.  Why should you hire a law practitioner who won't sign it?


ATTORNEY ATTESTATION TO CLIENT

I, the undersigned Attorney, hereby attest as follows, without any duress or mental reservation:
  1. I (am / am not) currently licensed by the Florida Supreme Court as an attorney and counselor at law in Florida courts.
  2. I (am / am not) a member in good standing of the Florida Bar.
  3. I (do /  do not) acknowledge my status as officer of the court and, in accordance with Article VI of the U.S. Constitution and Article II Section 5(b) of the Florida Constitution affirm my oath of admission to the Florida Bar, to wit: “I do solemnly swear: I will support the Constitution of the United States and the Constitution of the State of Florida; I will maintain the respect due to courts of justice and judicial officers; I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land; I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law; I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval; I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone’s cause for lucre or malice. So help me God.”
  4. I (am / am not) protected by surety bond / malpractice insurance $_­_______­____. (Carrier info attached)
  5. I (shall /  shall not) accept ______________________________ (“Client”) as my law client in exchange for fee, in accordance with separate agreement which shall not supersede any provisions of this Attestation.
  6. I (shall / shall not) in my relationships with Client, the Courts and its officers, abide by my oath above by giving my first loyalty, without compromise, to Client and to securing Client’s constitutionally guaranteed rights.
  7. (shall / shall not) in the tasks for which Client has retained me fulfill my promises to Client, be punctual, answer Client’s questions truthfully, aggressively advocate Client’s cause, defend Client’s rights guaranteed by the relevant Constitutions and laws pursuant thereto, bill fairly and only for actual services rendered, treat retainers as advance pay for services, and ensure that my employees and subcontractors fully support me in that effort.
  8. I (shall / shall not) refund Client’s fees for any portion of work for which Client hired me that I fail to perform substantially with high quality, diligence, and integrity.
  9. I (shall / shall not) hand over to Client upon Client’s request, and retain none of:  all originals, copies, and derivatives of information provided to me by Client, other than items of public record, and all unused retainer money.
  10. This attestation (does / does not) supersede all contrary assertions except by specific written reference to one or more provisions herein, acknowledged in writing by Client.
  11. I have worked _____________ cases like Client’s case and won ___________ (__________%) of them.





Attorney Signature

Printed Name   or Stamp

Date





Witness or Notary Signature

Printed Name, Stamp, or Seal

Date


Friday, November 01, 2013

How to Disqualify a Florida Trial Judge


How to Disqualify a Florida Trial Judge


The Florida Code of Judicial Conduct imposes certain constraints on judges' behavior. Canon 3 warns the judge against prejudice. However, judges assert immunity for their errors and torts as components of judicial acts.  So litigants can't do much more about judicial prejudice than complaining to the Judicial Qualifications Commission, legislature, bar, and news or social media to make a record, and look for dirt on the judge through private investigation, particularly of the judge's financial affairs and general integrity outside of court, or campaigning against the judge in the next election or appointment opportunity.  But in the more immediate sense, one can seek to disqualify the judge.  Florida makes provisions for that in the law and rules.  

  • Start by citing specific violations of Canon 3. 
    "A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently"
  • Study and cite this case opinion: Rogers v State 630 So. 2d 513
  • Fl. Statute 38.10 http://www.flsenate.gov/Laws/Statutes/2013/38.10,
  • Rules of Judicial Admin, Rule 2.330
  • I like this "Toca Technique":  
    The law and rule allow a litigant to force disqualification of only one judge.  File judicial notice of intent to file a motion for disqualification for prejudice.  This might motivate judge to recuse self to avoid embarrassment.  If judge does not recuse self, THEN file the motion to disqualify.  This preserves the right to disqualify for use on a subsequent judge if the current judge recuses self. 

  • Nowadays virtually every judge will declare that the motion to disqualify lacks legal sufficiency, and deny the motion.  I don't know of anything to beat this but motion for clarification (then correct and refile the motion), motion to reconsider, and interlocutory appeal.
  • Example - The below effort did not fully work but shows the Toca Technique in action.  Jesse Toca did not carry it through to completion, but he might some day.
http://www.doah.state.fl.us/ALJ/ - Enter Case #:  10-009935RX
Jesse Toca vs. Florida Department of Revenue (filed 10/29/2010)
The docket offers trove of interesting documents.


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Bob Hurt         Blog 1 2 3   f  t  
2460 Persian Drive #70
Clearwater, FL 33763
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