WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Friday, August 10, 2007

CHUTZPAH

OK, back to business.
The Third DCA slammed, and we mean slammed the Law Firm Of Adorno and Yoss in their lawsuit settlement of a case in which citizens sued the City to recover fees for emergency services.

To sum it up, and we have great difficulty with civil cases, (they give us a rash when we get too close) what appears to have happened is that Adorno's firm sniffed out a class action case with the promise of large fees.
BEFORE the class was certified, they negotiated a settlement for seven plaintiffs for 7 million dollars in which their firm would keep a measly 2 million dollars. Oh, and along the way, the rest of the tax payers the law firm was going to represent could be dammed, as the settlement was reached before the class was certified. Since Adorno and his firm had the settlement, they had no reason to care that the statute of limitations for the rest of us was about to expire.

Quicker than you can say “honey call the Mercedes dealership and order me that new SL500” Adorno stuck it to the rest of his possible clients and struck a deal. When the deal became public the City howled and moved to set aside the settlement and have the funds returned. The Circuit Judge agreed, and Adorno and his firm appealed.

Legal tip for Yoss and Adorno: Chutzpah is not a city in Wisconsin.

The Third DCA affirmed and a portion of the concurring opinion of new Judge Cortinas is below (he speaking about Adorno and his firm):

Unchecked avarice????



Plainly and simply, this was a scheme to defraud. It was a case of unchecked avarice coupled with a total absence of shame on the part of the original lawyers. The attorneys manipulated the legal system for their own pecuniary gain and acted against their clients’ interests by attempting to deprive them of monies to which they might otherwise be entitled. More unethical and reprehensible behavior by attorneys against their own clients is difficult to imagine.
Under these unique circumstances, the trial court properly set aside the $7 million settlement agreement based on breach of fiduciary duties to the class.



Here is the OPINION

And people wonder why we don't do civil work. Simple. We don't have the ethics required to screw a whole city of clients for 2 million bucks.


See You in criminal court.



108 comments:

Anonymous said...

Come on. I practice at 73 West Flagler. It is unfair to assume that because one law firm is castigated in a civil case that every lawyer who handles such a case shares the ethics of that firm or the lawyers involved. If this is the way you think, you live in a sheltered world. Most every civil lawyer I know works very hard and is ethical. This comment is just not fair.

Anonymous said...

It will be very interesting to see what the Florida Bars does with these thieves particularly after this recent decision by the 3rd DCA.

Rumpole said...

OK. Granted I took a cheap shot. But you should know that the prevailing belief among lawyers who have practised in both fields is that civil is far from civil. Ask any ex-prosecutor or ex-pd who now does civil. Most will say that the lawyers in criminal were more ethical and easier to get along with on a daily basis then their colleagues in civil court.

Finally, this is not some schlock firm here. Adorno Yoss (both ex-prosecutors) are a big time Miami home grown firm. You need to wonder if these guys are so desperate for a fee, what is going on out there?

Spiderman said...

As a former prosecuter now practicing in both the civil and criminal arenas, I concur with Rump. WE in the R.E.G. have the advantage of being a part of a fairly tight-knit community. The Plaintiff is always the same and you are going to see her again, so as defense attorneys, we are forced to maintain a certain level of civility and keep shenanigans to a minimum. ASAs also have to tread lightly to keep their reps up. Unlike in civil, where you are dealing with an adjuster, or random associate, or sole practitioner (local or otherwise) that you may never encounter again. EVERYTHING must be confirmed in writing, unlike in criminal, where (for the most part), someone's word is bond.

Anonymous said...

I tried civil, bored me to death or you have to do unethical stuff like sue someone cause your boss says so without adequate investigation. You know why I can't do civil- when I hear of a plane crash or see a car accident my first thought is NOT how much money I can make on this tragedy. Sorry but the porsche dealership will have to do without me.

Rumpole said...

And Spidey makes the point- if you read the opinion what you see is that Adorno thought he had a windfall fall into his lap. A settlement offer of 7 million before the class was technically certified. " Hmmm...a legal loophole in which I can make 2 million and be dammed with my obligations as a lawyer to the entire city of miami which I sought to represent."

Adorno ASKED the court to be the lawyer for all of us. And then screwed us because he thought technically he could. Those are ethics you don't often see in criminal law.

Rumpole said...

Thanks to everyone who posted comments without moderation about Sy. People kept on topic and were respectful. When the blog can provide an outlet for people to remember a dear friend it makes the time I spend running this thing very fulfilling.

Thank you.

Anonymous said...

I practice primarily civil and I love it. I have found that the more experienced practicioners are generally very professional and civil -- most of my cases I really never see the judge until trial. It's like anything else -- there are prosecutors and defense lawyers you love, and those you hate.

Anonymous said...

Can anyone recommend a good independent fingerprint examiner? It can be in or out of state.

Thanks!

Anonymous said...

Let's get real here.

Hank tried to rip off many people and the fee was crazy. He got caught.

The worst punishment is over. They worked on the case and now don't have the fee.

Batman said...

What amazes me is that so many people are surprised by the conduct of Adorno & Yoss. Does noone remember how they ran the SAO. They have run their firm's practice the same way: mean-spirited, incredible arrogance and a belief of invincibility. That is why so many have left them and taken others with them. This could not happen to two more deserving people.

In the face of the 3rd District's writings, The Bar will have no choice but to discipline all involved, That includes the named Plaintiffs, who are attorneys themselves.

This is clearly not the last chapter in this sorry story.

Anonymous said...

I left criminal prosecution work for a civil litigation firm . At my first motion to dismiss hearing the attorney for the Plaintiff was very nasty for no reason. He refused to shake my hand when I offered it to introduce my self-and this was before the hearing. The partner also a former prosecutor in my firm said "in Civil court the lawyers treat each other criminally and in criminal court the lawyers treat each other civilly."

Just thought I would throw that thought out there and see what bites.

Anonymous said...

what you fail to mention is the role of city atty, charles mayes. mayes was a prosecuter with adorno in the 70s and 80s and may have been trying to assist his old buddy.

Anonymous said...

what i love is that Hank Adorno fled my Miami to live in Atlanta. The guy was a greedy jerk. Oh yes and let's not forget that this is the same guy who was at the helm of privitization of foster care. How much money do you think he made off of that deal?

Anonymous said...

zzzzzzzzzz

Anonymous said...

Without expressing an opinion on this particular case, I find it disturbing that the Third ocntinues to blast attorneys not appearing before it. They need to let the Bar do its job and afford these attorneys the process they're entitled to.

Anonymous said...

Miami attorney Jack Thompson is pleased to announce that United States District Court Judge Adalberto Jordan will, within the next three weeks, convene a hearing in his Southern District courtroom.



The purpose of the hearing is to decide whether a preliminary injunction should be granted against The Florida Bar and Judge/Referee Dava Tunis for what Thompson alleges is an unconstitutional and illegal use of The Bar’s disciplinary system.



Thompson is facing a “disciplinary trial” the purpose of which is to punish him for his successes against the shock radio and violent video game industries, both of which filed SLAPP Bar complaints against Thompson as a “shoot the messenger” collateral attack. The video game industry commenced this approach immediately after Thompson appeared on CBS’ 60 Minutes with the great and now late Ed Bradley.



Legal authority for the injunction is to be found in the US Supreme Court case of Pulliam v. Allen, which, contrary to Greenberg Traurig’s brief, authorizes a federal court to shut down a state court action that violates federal constitutional guarantees of due process. You can read all about it at Case. No. 07-21256, Southern District of Florida.



One of The Bar’s many missteps to this hearing: The Bar has used as its “designated reviewer” for Thompson and ACLU ideologue by the name of Ben Kuehne, who has received a target letter from the US DOJ for alleged money laundering for the Medellin cocaine cartel. Kuehne never afforded Thompson the opportunity of what is called a “McLain hearing” to disclose his target letter to Thompson, which he should have done. Kuehne is a Bar Governor who continues to sit on grievance committees despite the assertion by the feds that he is likely a thief.



Thompson is also seeking in the aforementioned lawsuit a declaratory judgment from the court that lawyers are allowed, under the First Amendment, to criticize judges. The Bar’s Rule prohibiting that is clearly unconstitutional.



Contact Jack Thompson for more information on what may be an important court case affecting all lawyers at 305-666-4366

Anonymous said...

Scorched earth, huh Jack? It's the only way you know to do things.

Listen, between us, you have never been, nor are you relevant in this world. You are a fringe player who thinks he has an audience.

You have a Bar complaint pending, and instead of addressing it, you are lashing out at anyone who dares to investigate you.

If you are not guilty of this offense, you are in a great court for that to be determined. Judge Tunis is a fair judge, no one's buying your garbage.

Address the issues Jack, and stop thinking that the way to live your life is to degrade others.

Do us in the criminal justice system a favor and leave us alone.

You have no credibility with us, we are all laughing in the courthouse at your immature antics.

Go, go away.

fake neil rogers said...

Jack Thompson sure is a great believer in the first amendment when it feeds his needs. Hey, Rumpole can WIOD start using your blog to issue press releases for my show?

Rumpole said...

Sure Uncle Neil. First time caller, long time listener.

Fake John Daly said...

I'm a beer drinking, donut and chicken wing eatin golfing machine. And that's why I don't care for Golembe.

Haaku Harry said...

Shumie doo
and the Q

I hate you
and Love me too



It's nice to see the blog is back again.

Michael Corleone said...

I want to meet you daughter
under the supervision of your family

with all due respect.

Judge Rob Pineiro said...

I am not going to comment on the referenced case.

I do want to comment on the unfortunate tendencies many of us have of extrapolating from the specific and limited facts of a particular case to form general and wide ranging conclusions about someone's character.

I know both Hank Adorno and George Yoss as friends. I came to know them from in 1978 when they became Janet Reno's right hand and left hand in running the office.

George Yoss always treated me fairly, despite having put me on double secret probation a couple of times.
He was the man who heard my tale of woe and frustration in handling civil litigation at a time when the federal courts were inundated by cocaine cowboys--you couldn't get a civil case to trial because of the deluge of drug cases. Hearing the tone of my voice he was wise enough to suggest I might want my old job back. When he voiced the thought I realized that was exactly what I needed. Thanks George.

As to Hank, let me tell you about our first meeting. Janet Reno had recently been made State Attorney and I had never really met her before. One day she called me to her office. It seems she had gotten a call from a citizen whose pharmacy had been burglarized. The man was upset that I had placed the two youthful and first time offenders on probation with drug treatment and withheld adjudication to boot.
Those of you who know JR know she's a truly wonderful person, but she can have a temper when she believes you screwed up. Needless to say our frst meeting was not going too well for me. While excoriating me to within an inch of reducing me to a blubbering idiot, she called Hank in to review my screw up. Hank came in took a look at the file, looked at JR, looked at me and asked me why I hadn't put the offenders in Pre Trial Intervention. Janet was mollified and I left much relieved. Thanks Hank for looking out for my back.

In short if you wish to criticize, critize someone's actions, but a person's character is far more complex than one case.

Rumpole said...

And therein lies the reason why you are a Judge- even tempered and wise. While I labour as a hack and blogger, neither wise, nor even tempered.

Anonymous said...

Is there any topic on which Judge Pineiro does not have an opinion? Geez.

Anonymous said...

hey rumpole

did you find any thing about sy's funeral a little strange??

Anonymous said...

The Broward courthouse has a bronze statue of the aptly named father of Broward, Napolean Bonaparte Broward. It would be amazing. Absolutely amazing to have a bronze life sized statue of Sy. Hunched over. With Black Book in one hand and the other open palmed hand up by his head, mid-tirade. Rumpled baggy suit hanging crooked off him. Wouldn't that be great?

Rumpole said...

Yes,I once asked Judge Pinero how to deal with bothersome jerks, and he really had no answer for me.

Rumpole said...

I think that is a little much. I am pushing for the picture in the herald the other day to be given to us in colour and framed and hung in the lobby of the REGJB.

insider said...

I'm an insider and I have it on pretty good authority that upon election, President Hillary R Clinton will pull a JFK and turn to her most trusted adviser- her brother as attorney general.

Ladies and Gentlemen, the attorney general of the United States: Hugh Rodham.

Anonymous said...

so why doesn't the Bar do something? Or is it too caught up with harrassing solos?

Anonymous said...

Adorno is a scumbag. In the "complex calculations" of character, Judge Pineiro's stock just took a hit in after hours trading.

Anonymous said...

tHIS Just in: Full metal Jimbo was NOT in trial this week. Updates as developments warrant.

Rumpole said...

That language is a little harsh. I'm sure the Judges at the 3rd DCA had their thesaurus out when they settled on avarice and other adjectives coveying their disappointment in Mr. Adorno's activities.

As to Judge P- you have a problem with a man recounting the positive aspects of an individual who is now in the spot light of unpopular opinion? I think he should be applauded, not attacked.

Anonymous said...

To Judge Piniero: I believe that you should stop contributing to this blog signing your name. I believe it undermines the independence of the judiciary and demeans your office. If I were you I would check the canons of ethics for lawyers and judges regarding lecturing to and trying to admonish people expressing their opinions, especially since you know many and they practice before you or did. You are not the traffic cop of the first amendment and the fact that you feel the need to contribute to this blog naming yourself knowing full well it would be easy for someone to ascertain that you are a judge lends credence to the deplorable reputation the judiciary in dade has had since courtbroom. You are not our father so take your condescending tone elsewhere or at least post anonymously.

Anonymous said...

Fake Janet Reno said to Jack Thompson: I want you , float like a butterfly, sting like a bee, I'll kick your ass, like I did previously. I may be old, I may be retired, but I will beat you senseless, cause I ain't no lier. You can huff and puff, complain and write, when I am through with you, you then go get a LIFE!

Goy said...

Sy was twice the lawyer as Adorno and Yoss. Greedy bastards. So Was Sy a Jew or not?

Anonymous said...

Perhaps Rob is getting a piece of the action.

Anonymous said...

will you criminal lawyers please stop smoking crack!

Civil court is the ethical place for clients. All you criminal hacks do is take $2500.00 from some poor client who has no priors for a 3rd degree misdemeanor and you guys all know that its a withhold and two visits at most to the court.

Do the math and you find out how to make $$$ quick!!!

See ya in court going to trial and doing what I was educated to do with my legal skills.

Rumpole said...

10:10- you are 100% wrong. Rob Pinero has the right and ability to stick up for a friend or colleague, especially in the court of public opinion, where he does so as an individual and not on behalf of his office. I am certain that if Mr. Adorno or Yoss appeared before him as a defendant or plaintiff in a criminal or civil case Pinero would disclose it and recuse himself or at least offer to do so. He is not prohibited from having and expressing an opinion. Furthermore, this blog encourages a discourse between Judges and Lawyers as it serves all of us to understand where the other party is coming from. I suggest you stop trying to undermine this discourse and refrain from cheap shots. leave the cheap shots to the experts, like me.

Rumpole said...

CK- just take out the curse words. it will drive him nuts, I will get 100 emails and threatened to be sued. Use your imagination and come up with some better words. You can do more with less.

Rumpole said...

6:36. Just the other day a colleague was North of the Border on one of those easy cases and Judge O'Connor decided for no particular reason to adjudicate the individual who had no prior record. It took an experienced criminal defense attorney to take her through the adjudication statute and explain why the client was entitled to a withhold. Furthermore, I have personally handled cases in the last decade where the civil lawyer told the client in criminal court- "you can plead no contest to child abuse as long as it's a withhold because you can get the record sealed."
Which is incorrect.
I charge for my time, my experience and my training. Just like a surgeon who is removing a hangnail. so long as he or she is qualified to resuscitate me if I have a reaction to the anesthesia, I am happy to pay what ever they want so I live through the surgery.

fake don corleone said...

Rumpole. I was watching the Godfather last night, and suddenly it came to me: what I really didn't know until just this moment: It was Golembe all along.

Rumpole said...

1) Stop writing in all caps. It is hard on the eyes.
2) Write your comment in a word processor, use the spell check, then cut and paste.

3) Do that and we will post your rant. You know who you are. You just sent in a rant on Pinero. I am not censoring you, just asking you to clean it up as to the way it looks. It will actually help you advance your point.

Last legs said...

Rump- the worst news. Just came back from the doc. Cholesterol at 225, triglycerides at 200. The LDL is high and the HDL is low, and the CRP is very high. Can you help?

Rumpole said...

Yes I can help. As a life long hypochondriac I have a wealth of medical knowledge.

First. CRP= C Reactive protein. It measures whether there is any inflammation in the heart. High means an above average risk for a cardiac incident in the future. We can fix this quickly. Take one aspirin a day until the level returns to normal and then a baby aspirin every day for life. Also, take a fish oil supplement 2 capsules 3x a day until the numbers come down, and then two capsules twice a day for life. Also Vitamin B complex will help lower what I am sure are high homocystine levels as well.

OK. Lets address the cholesterol. You right now have it backwards. You want your HDL to be high (good cholesterol) and your LDL and VLDL to be low. The fish oil should help. I would suggest a medicine with niacin and a little statin. This should work in bringing your levels to where they belong. You take the medicine with your aspirin and some food.

High vitamin C to help heal the inflammation. 2000mg a day until I tell you otherwise.

Finally, diet and exercise. I would like to see you start off the day with a 10 minute meditation. You didn’t mention your blood pressure, but I’m sure it is high. Wayne Dyer has a very nice morning and evening meditation program. You can get his book on Amazon.

Ok. One word here: Intervals. Yes. Interval training- the best way to burn fat. 40 minutes of exercise with 20 1 minute intervals followed by a 30 second rest. You can do it on an exercise bike, a treadmill, in the park. As you get in shape, you can expand the exercise and add resistance like running up a hill. Three times a week for intervals followed by mild exercise 4x a week. A 40 minute bike ride, a one hour fast paced walk in the park, or a 30 minute jog. You will need a basic heart rate monitor. Any bike store will have one. As you get in shape switch to 4 days a week of intervals and 3 days a week of other exercise. One day a week you want to do a recovery. Mild exercise with your heart rate below 100. As you get in shape you will be able to increase your exercise level while keeping the rate below 100. Just work up a good sweat and do it for an easy hour.

Diet. Akins has some points- you do really need to cut back your carbs to get the cholesterol under control, I would like to see you eat a lot more roughage. Broccoli and cauliflower and cabbage. Lean protein only. Chicken breast without the skin or lean pork. Cabbage wraps with steamed chicken, brown rice and steamed cabbage is a great meal. Just avoid the sugary sauces.

One day a week is an all fruit day. Make a shake in the morning with almond milk with frozen melon and strawberries. Lunch and dinner is a fruit salad. You should supplement this with all the brown rice you want to eat. If necessary, you can have some miso soup as a mid day snack with the rice. But on the all fruit days your goal is more fruit less soup and rice. Its only one day. You can do it.

This is a good start. You need to clear this with your doctor. I don’t know how old you are. But if you are above 45 I would like you to get a stress test before starting the vigorous part of the exercise program. The diet and supplements you can start right away. Do this and get another blood test in 45-60 days and I guarantee you will have a 30-50% reversal in your lipid profile.

Dr. Rumpole.

Anonymous said...

Criminal Lawyers on Crack WOW that from a CIVIL LAWYER who says he goes to trial,well we all know thats a joke,how do they define going to trial ??? doing endless depos and then settling before they pick the jury ......Amazing they tout their "Trial Lawyer" status in the Bar...most cant tell you who's on the bench !! Keep it going Rump its getting good again.....and was Sy a Jew ????

The State Rests !

Anonymous said...

Uncle Neil is on WQAM not WIOD. Get with the times.

Anonymous said...

VH1 where are they now:

1. Juanita = bussing tables at dennys.

2. Ivan Hernandez = answering telephones at the law office of Juan Gonzalez.

3. Juan Gonzalez = sitting next to Ivan Hernandez waiting for the phone to ring.

Rumpole said...

I just got back from my morning jog and realized I forgot one important thing: CQ10- It is a supplement widely available which will also greatly help lower the inflammation in your heart. 200mg a 2x a day until the numbers come down, then 100-200 1x a day for life.

Rumpole said...

Yes it is unusual for someone who is Jewish to have an open casket. That is the way to phrase it. Now the crass comment you made. Let Sy rest in peace please.

Anonymous said...

10:10 PM a.k.a. loser.

Let me tell you something I dont mind Judges commenting on the blog on issues unrelated to cases before them. Its great to hear from the Judges and how they think and feel.

Those few that sign there name here are the most honest, ethical jurist in the State of Florida.

I would be more concerned about a Judge posting a message without disclosing he is the author. I know for a fact that what the Judges are doing is not a violation of Canons.

Posting here is no different than the Herald calling up any jurist for a comment on a particular subject. Here at least the Judges comment is not redacted and you can see the full comment.

As for Judge P. he is the last person in this State that can ever be accused of unethical conduct. He has more integrity in his right toe than you will ever have.

10:10 pm do us all a favor invest in camping gear and immediately set up camp in the everglades anywhere that large numbers of gators can be located.

have fun.

Anonymous said...

I did not know that. Whats the reason behind the closed casket if you are jewish?

Anonymous said...

Rump,

How's this?

1. Jack Thompson is a(n) @%&%#($!*

2. Rob Piniero is a mensch--a little nerdy (uses phrases like "to boot")--but I love the guy.

3. To 9:23: Jim Best will kick your ass in a trial. He did more his first year as a lawyer than you will EVER do.

CK

Anonymous said...

I heard at the service that Sy was Catholic and I thought I saw a rosary in his hands.

CK

Where's the Captain? said...

6 Nominees for Judge Shuminer's seat:

1. Joe Davis
2. Miguel De la O
3. Darrin Gayles
4. George Sarduy
5. Nushin Sayfie
6. Lisa Walsh

Anonymous said...

The purpose of the closed casket is that you are not supossed to remember someone as they looked dead. Your last and lasting image of a person should be as they were in life. To clarify, Sy was (obviously) Jewish. He was not a religious man. His son married a Catholic lady, and their (his son's) family is Catholic.

Anonymous said...

I cast you out Golem Golembe. Evil spirit. Unclean. Begone dastardly one. Leave these good people and this good land. You are a shadow Golembe upon the sunshine of the earth. I cast you upon the murky waters of your own doing. Never return.

Anonymous said...

Equally as reprehensible as Adorno & Yoss' conduct is the conduct of the City of Miami and Charles Mays who were willing to go along with this scheme to cheat the rest of the city taxpayers from the refund they were entitled to given the fact that this type of fee had been found unconstitutional. I think the City and its lawyers were even more in the worng because they were trying to keep millions in money they should never have collected in the first place.

Anonymous said...

Rumpola- with Sy passed on, who now assumes the title of the longest serving attorney at the REGJB?

Anonymous said...

Tonight on America's Got Talent, Leon Firtel as a guest Judge.

Fake Fred Thompson said...

This Golembe business will get out of control I tell you. It is going to get out of control and someone will get hurt.

Anonymous said...

Didn't PPiniero say there was no Rule 3 for J.Quinon for banging his client's wife?

Just Asking said...

Am I the only one who thinks Jack Thompson is HWMNBN with a Bar license? Same tactics, same vitriol.

Rumpole said...

The 3rd DCA didn't have a problem with what Quinon did. The Bar didn't even suspend him. And you limit your criticism to Judge Pinero?

Anonymous said...

Rumpole, serious question: John Lipensky was a long time friend and trial partner with Sy. I didn't see John at Sy's funeral. Is John OK? He was always a sweet nice man.

Anonymous said...

AMAZING to see the Piniero bashing. Here the guy points out the obvious that we shouldn't judge a person's character based on a Third DCA opinion (which, by the way, was issued without giving due process to the attorneys as the Florida Bar will do) and he gets bashed. Aren't judges SUPPOSED to get all of the facts before rendering decisions? Don't most of the people who read and post here defend people? Don't you claim to be the "defenders" of our liberties? Don't you all ask judges and juries to refrain from "rushing to judgment?" What a bunch of hypocrites.

Anonymous said...

What jose quinion did to his client was really, really fucked up. That was some low down shit. "Sir, I have give the fee to represent you some serious thought. It will be 250k for trial plus your wife's ass."
Deal or no deal?

MD, Esq. said...

A Rumpolian well done to Rumpole. I am a MD, as well as an attorney. Rumpole's advice for the most part is dead on correct. I would like to see a stress test with contrast and cardiac echo as well as a standard EKG before the patient starts an exercise program. Latest information is that interval training indeed may be a more efficient way to exercise, and more beneficial to the heart.

An aspirin a day is indicated unless there is some history of strokes. The CRP levels must be brought down, and besides CQ10 and vitamin C, you might want to try chelation therapy.

There are literally dozens of statin cholesterol lowering drugs on the market, and Rumpole is dead on correct (no pun intended) that one of the drugs that combines Niacin with a small dose of a statin is the best way to start.

Overall Rumpole I am impressed with your diagnosis and patient management plan. Keep up the good work.

Anonymous said...

Rumpole, my stocks are down, I am caught in the credit crunch. Any suggestions on investing? I trust you.

frank bruni said...

RECOMMENDED DISHES Poached egg with glazed eel; lamb meatballs; crispy potatoes; radish salad; smoked cod jowl; shellfish and spring beans; octopus à la plancha; hanger steak; loin and belly of lamb; baked rice with pork and morcilla; orange mousse with chocolate sorbet

Rumpole said...

7:25- I'd like to see you out of debt. Take your cash and pay it off. With what we have left, lets leave 50% in cash for now. I'd like to see you move half of that into stocks. There are some mid size banks that have not made bad mortgages and will now be making higher interest loans. I also like some of the bio-techs and also put about 10% into precious metal stocks.

OK we sit on the other 50% and watch the interest rates rise. In 6 months to a year we start buying bonds. Portion your money out so you can buy bonds for the next 14-24 months. If interest rates start flying up, sell some stocks and lock in those bond rates.

That should shape you up.

Anonymous said...

In continuum mechanics, a Mooney-Rivlin solid is a generalization of the Neo-Hookean solid model, where the strain energy W is a linear combination of two invariants of Finger tensor :

this is why Golembe must go.

Anonymous said...

In Jewish folklore, a golem (גולם, sometimes, as in Yiddish, pronounced goilem) is an animated being created entirely from inanimate matter. In modern Hebrew the word golem literally means 'cocoon', but can also mean "fool", "silly", or even "stupid". The name appears to derive from the word gelem (גלם), which means "raw material".


Having a golem servant was seen as the ultimate symbol of wisdom and holiness, and there are many tales of golems connected to prominent rabbis throughout the Middle Ages.

Other attributes of the golem were gradually added over time. In many tales the Golem is inscribed with magic or religious words that keep it animated. Writing one of the names of God on its forehead, a slip of paper in its mouth, or enscribed on its body, or writing the word Emet (אמת, 'truth' in the Hebrew language) on its forehead are examples of such words. By erasing the first letter aleph in Emet to form Met (מת, 'dead' in Hebrew) the golem could be deactivated. Another way is by writing a specific incantation in the owner's blood on calfskin parchment, and placing it in the mouth. Removing the parchment will deactivate the golem. It is likely that this is the same incantation that the Rabbi recites in the classic narrative

Rumpole said...

I rejected the "memo" comment because of some convoluted refernce to latent homosexuals that I could not understand.

Anonymous said...

chutzpah is posting the picture of a fellow attorney, publicizing his failure and soliciting criticism from other members of the bar, publishing the comments of members of the judiciary who are supposed to avoid conflicts of interest and the appearance of impropriety-especially if the firm practices before that judge and the epitomy of the c word is running a blog anonymously which is mostly gossip and character assasination when you keep your own identity secret so noone can point out your imperfections and failings which are many because you put this thing together in the first place.

Anonymous said...

I practice in both “civil” and criminal arenas, but there is no doubt I prefer criminal defense. The adrenalin of fighting for a person’s rights and future beats arguing over a dollar any day of the week. (More on that later).

Unlike many of my colleagues at the Justice Building, I did not start my career as an ASA or a PD. I started in a silk-stocking litigation boutique. One that actually tried case, the reporters are replete with opinion on case tried by that firm, many of those opinions set or established legal precedence in Florida. I was fortunate to have a brilliant mentor, who taught me how to prepare and try a case. The senior partner whom I worked with during my tenure at this firm, was the anthesis of the managing partner, who also taught me a lesson - it is all about money, billable hours rule, no matter how much you have to churn a file with idiotic tasks.

I recall an incident as a first year associate which exemplifies the essence of civil practice. I was assigned a case involving a claim for an accounting and appointment of a receiver. A hearing was scheduled for a Monday afternoon, for those of who remember him, before Judge Robert Kay. I spent the weekend preparing and drafting a motion and memo of law seeking dismissal of the case. Early Monday morning, I filed the motion and memo, and had it hand delivered (facsimiles were not yet in vogue). Judge Kaye granted my motion, dismissing the case with prejudice. I was as proud as a peacock, hell one year out of law school, I had taken on attorneys from a major firm and won. Well, as I entered our office, the managing partner asks how the hearing went, to which the junior partner who attended the hearing with me responded, “he got a dismissal with prejudice,” and the managing partner stated “so we lost.” Thinking he misunderstood, I said no M - we won, he said “I heard you, do you how many the billable hours you just threw out!” Needless to say the managing partner and I never got along, which at the time I perceived as disadvantage, since I needed his support to advance my career, or so I though. Today I silently thank him for motivating me to never work for a firm again and teaching me everything that is wrong with civil practice, as we know it.

I am often amazed by civil discovery and motion practice. I frequently vent that instead of requiring new attorneys to take a bridge the gap seminar, they should require all attorneys to participate in a few Federal criminal cases before being allowed to practice in civil court. It may teach them to focus, how to prepare a case with minimal discovery and motion practice, and, what is more important, how not waste the time of the court and opposing counsel. Of course, this presupposes discovery, motions, and hearings are resorted too judiciously, and not used to generate or enhance fees, which, unfortunately, is exactly for what civil discovery and motions are frequently used.

Talk about civility, get real. I cannot recall the last time I had to confirm anything in writing in a criminal case, except in cases involving one particular ASA in the Organized Crime Division (I am certain all readers readily know who he is), but it is the total opposite in civil. I am seldom off the phone before I either send a confirming e-mail or fax. Virtually every conversation of any significance is documented in writing!

As a young lawyer working in the firm I earlier mention, I was feeling down about the career I had chosen, thinking this career was not deserving of my dedication. I was venting with friends, when a wise old man made my career decision easy. He summed it up this way: he said son your problem is you are not fighting for anything of real significance for you; you are representing people and companies fighting over money, at the end of the day, it is all about how much; but in the criminal arena you are fighting for a person’s life, their freedom and future. He concluded his lecture by saying, “son in criminal defense you have the privilege of fighting to protect the principles in which you believe, and defend those who unlike you did not make it to where you are at today.” A day does not go by without me thinking about that lecture.

So, so much for the soap box, suffice it to say that, in my experience, the criminal defense bar, overall, adheres to a higher ethical standard than found in the civil side. By this I do not mean to imply that all civil practitioners are less than ethical, but the number of less than honorable ones surpasses those in the criminal defense bar. Perhaps it is because we function in a smaller, tighter community, where your reputation is everything, but I choose to believe it is because when you take a close hard look, we who labor in criminal defense actually believe that our profession is the ultimate safeguard of out liberty, and are willing to fight hard to preserve it.

Anonymous said...

misery loves company said:
my close friend works at goldman(ny) and gave me the following stock suggestions. and i just put 100k into:
cop
wfmi
gs
kft
goog
hold until i tell you to sell...

Rumpole said...

thank you 10:47. A wonderful story.

9:30- let me make it easy for you. Stop reading and posting. You don't like the blog? No one forces you to participate. There are evening meetings on a daily basis of idiots anonymous, which you may find beneficial. I suggest you enroll in their 12 step program-

Step 1- admitting I am an idiot and have no power to stop being an idiot.

Let me know how it goes.

Batman said...

What does Jose Quninon, the lovely Mrs. (former Hernandez) Quinon and their ancient history have to do with Adorno, Yoss and their thieving clients. It is true that the 3rd and The Bar blew it when it came to Jose, but one has nothing to do with the other. They are separate issues. They are both theft in a way, but I don't think stealing a wife is quite the same as 7 million public dollars.

The pure arrogance, deceit and avarice of the Adorno, Yoss, et. al. affair brings to light the worst in what the public thinks of lawyers. Especially when it is public money. The clear and unequivical misleading of elected officials is tantamount to theft.

One poster did bring up a valid point. Where was Assistant City Attorney Charles Mays and the City Attorney in all of this? Why is no one questioning the competency of those persons from the "get go"? We know where the City Attorney is now. Mr. Mays, when last heard from, was the counsel to the Independent Review Board. Maybe there should be inquiry into how (or why) they let his happen.

Where is Al Lorenzo and Bob "The Creep" Levy in all of this? What, if any, is the relationship between our dear Mayor Diaz and the Adorno firm? It is time to start asking the questions that noone wants answered.

See you in the dark alleys and hallways of City Hall.

Anonymous said...

I can't resist this Batman. 7 million or my wife?

Geeze I cannot get out of this marriage for less than 2 million. I would be glad to pay a million and be done with it, much less get 7 million.

S/
Stuck

Anonymous said...

Rumpole: I like a challenge, here are 12 steps for you. 1. admit your name is dan lurvey 2. a power greater than you, and quite a few lawyers, exists and can restore you to sanity. 3. turn your will over to the care of a real lawyer who doesn't have the time to run a gossip column 4.make a moral inventory of yourself ( good and bad). 5. admit to your cobloggers the exact nature of your wrongs. 6. became ready to have your defects of character changed. 7. humbly asked your superior colleagues to remove your gossip shortcoming. 8.made a list of all attorneys you slandered, posted half truths about, revealed personal private information of non public figures. 9 .made amends to these people by apologizing 10. continued to monitor and improve your behavior. 11. seek thru prayer and meditation to improve your contact with superior lawyers and others with superior intellect. 12 . try to carry the message to other egomaniacal bloggers that they to gave have their egos deflated, their propensity to gossip and character assassinate removed and have their cobloggers seek recovery. Signed THE IDIOT you regularly censor.

Rumpole said...

Mr dear dimwitted friend, I will admit nothing more than this:

your comment made me laugh.

Anonymous said...

3 reasons why Lurvey ain't Rumpole:

1. Dan DOESN'T have the time to sit around and run this thing, he's busy as hell.

2. Dan may participate but he doesn't care that much about the purpose of the blog.

3. Dan may be one of the funnier guys in the building but he is not as informed as Rumpole in terms of literature, politics, etc...

CK aka FOD (friend of Dan)

Anonymous said...

Any time Lurvey is accused of being Rumpole, it takes the heat off of me. True story- I saw a retired Judge and his wife the other day. I havent seen his wife in over ten years. In the first minute of conversation she says "so I have to know, are you Rumpole?"

This is getting bothersome.

Phil R.

danlurvey said...

I agree with CK.

Anonymous said...

C'mon Phil. I saw you posting a while ago (you know who I am). It's time to just admit it.

Anonymous said...

You couldn't have seen me posting because it didn't happen. I'll tell you what. I have a thousand dollars cash. You identify yourself and bring a thousand cash and we will go to Tom Mote and each take polygraphs. Only one of us can walk away with the cash. Don't be a coward- say who you are and put your money where your mouth is.

Phil R.

Anonymous Liberal said...

Phil's challenge reminds me of My Cousin Vinny.

Vinny Gambini: I understand you played a game of pool with Lisa for $200, which she won. I'm here to collect.
J.T.: How 'bout if I just kick your ass?
Vinny Gambini: Oh, a counter-offer. That's what we lawyers - I'm a lawyer - we lawyers call that a counter-offer. This is a tough decision here. Get my ass kicked or collect $200. Let me think... I could use a good ass-kickin', I'll be very honest with you... nah, I think I'll just go with the two hundred.
J.T.: Over my dead body.
Vinny Gambini: You like to renegotiate as you go along, don't you? Well here's my counter-offer... do I have to kill you? What if I were just to kick the ever loving shit out of you?
J.T.: In your dreams.
Vinny Gambini: Oh no no... in reality. If I was to kick the shit out of you, do I get the money?

*LATER*

J.T.: Hey there, little Yankee boy. Look what I got.
Vinny Gambini: What is it?
J.T.: $200.
Vinny Gambini: Bring it here, let me see it.
[J.T. presents a roll of bills]
Vinny Gambini: How do I know that's not a bunch of ones with a twenty wrapped around it?
J.T.: [after short pause] It's two hundred bucks.
Vinny Gambini: Fan it out, show it to me.
[pause. J.T. stuffs the roll back in his pocket]
Vinny Gambini: Yeah, right.

Anonymous said...

Well I guess that coward's silence speaks volumes about the truthfulness of his comments.

Phil R.

Anonymous said...

Here we go again. Someone had to rant against Phil. R. so now I have to spend my Sunday reading more BS from my pal Phil. R. who has major anger issues.

Look the loser is not Rumpole he is at best a arrogant short tempered ego maniac who on occasion does not care for judicial assistants visiting on Sundays. Well Phillip I don't care to read your rants on Sundays.

Brought to you by the Friends of Phil foundation.

Anonymous said...

Phil I take your challege only if we use George Slattery. Yep a bit expensive but the best.

Anonymous said...

2 more comments and then lets put this to rest: 1) anyone who takes shots at me anonymously is not my friend. 2) I note that you have not revealed your name which means you are not serious.

Say what you want, but one of us is afraid to let the world know his name, and one of us has no problem signing his comments and standing behind his words.

Phil R.

Anonymous said...

and one of us has serious anger issues, and one of us is not rumpole, one of us takes himself too seriously.

Oh and one of us does not give a rats ass!

Anonymous said...

You can say I have anger issues.
But what we know for sure is that you are a coward.

I rather be called a name by a coward, then be a coward.

Rumpole said...

OK boys, settle down. I'm going to sleep, so no need to post comments that won't see the blog until tomorrow.

Play nice.

Anonymous said...

BREAKING NEWS; THE UNITED STATES IS PLEASED TO ANNOUNCE THAT AFTER DILIGENT COMPETITION AND INCENTIVE PROGRAMS WE ARE CLOSING IN ON THE MURDER RATE IN BRAZIL: In the last week, man kills 3 in his family, 3 killed in Dallas traffic, 3 kids killed in Newark, several killed in church in Missouri,5 shot in an Orlando restaurant but we sure do not need gun control. I love this country, go Dolphins.

Anonymous said...

rob, post your personal comments as rob pineiro, not judge rob pineiro.

i dont have a problem with you posting all day long as your private persona. just dont add the color of your office when you sign your name.

Anonymous said...

Notice how Phil and the others were able to have a rapid back and forth conversation even though moderation was on? How often do ya see that happen?

He was so mad, he couldn't control himself. Thanks for proving me right Phil. Now everyone knows you're Rump.

Anonymous said...

phil relax its getting like the guy is telling the truth and you really have anger issues.

Anonymous said...

Phil isnt a very good liar. a poker player maybe, but not a good liar. i dont think Phil R. would lie to his friends about not being rumpole.

would he chris?

i dont think so alan.

what does blecher think?

he would probably agree.

how bout joe?

hmm, yeah joe would agree, too.

well, thats a relief, now i can go to dv.

Todd and in Charge said...

funniest part of the opinion was the 3d's one word analysis of the class certification prospects -- that certification in this case was "inevitable."

Thanks for the guidance!

Anonymous said...

If we had gun control the murder rate would be much higher because murderers would know that law-abiding victims would be unarmed.

Rumpole said...

Not to take sides in this free for all, but let me explain how comments work. When I am near a computer I check the email which is where the comments come to. I review it and hit a button that posts it automatically to the blog. When I am home watching TV I have the computer on and when two people are going back forth like our two here, I just keep posting them almost as soon as I get them. You cannot ascribe any relevance to an individual being or not being Rumpole by how soon a post goes up. Sorry, but as I have said now hundreds of times- wanna find Rumpole? THINK OUTSIDE OF THE BOX.
The Lurvey/Phil guess is so pedestrian.

arobedone said...

Thinking outside of the box: Rumpole is not a lawyer. Maybe a longtime clerk or a JA.

Anonymous said...

I have but one request, PHIL, say hello to people when you pass them in the hallway.

Is that asking too much?

PERTIERRA said...

BUDDY YOU NEED A HUG ? I WILL BE HAPPY TO IF PHIL DOES NOT...........8:36