Judges are a funny lot. Take them to lunch or dinner (you're paying) and they will endlessly gossip and trash their fellow robe wearers. But attack one of them in print and they band together like a swarm of African bees protecting the hive.
It was in complete ignorance of these principles that attorney Michael Tein took a belated and untimely if not unwise writ of prohibition to the 3rd DCA seeking to overturn Judge Dresnick's denial of a motion to recuse.
Tein and his partner Guy Lewis got their fingers caught in the teepee. Having denied under oath that their fees were being paid by the Miccosukee tribe in their three million dollar defense of a tribe member in a wrongful death suit (memo to the Miccosukees: we would have done it for half that amount), the plaintiff's found themselves in possession of cheques from the tribe to the law firm for three million dollars- pretty solid evidence contradicting the testimony of Tein. Motions were filed and things went downhill from there for the embattled federal attorneys who are finding the Dade County Courthouse a far cry from the federal glass palace they usually inhabit.
Tein and company complained that Judge Dresnick had "lost control" at a hearing and threatened poor Mr. Tein. Judge Rothenberg authored an opinion that has a decidedly "au contraire" theme:
"A review of the transcript of the March 19, 2012, hearing, however, paints an entirely different picture—one that reveals great restraint by the trial judge, and an attorney who either lost control or was intentionally trying to bait the judge.."
Both lawyers get stung by Rothenberg's opinion:
We also feel compelled to note that the unprofessional conduct of the Lewis Tein law firm was not confined to Mr. Tein’s behavior at the March 19, 2012, hearing. The petition filed in this Court, signed by Mr. Lewis, fares no better. The language, mischaracterizations, and “spin” employed speak volumes...
What we have here is a lawyer, and now lawyers, who have acted recklessly and unprofessionally, and are now concerned that their behavior may have tarnished their image...
We, therefore, deny the petition, and remind Mr. Tein and Mr. Lewis
of their obligations and responsibilities as members of The Florida Bar and as
officers of the court."
Moral of the story: Wasn't it Sun Tzu who said "When you strike at the king, make sure Judge Rothenberg is not judging the attack."?
Stick to federal court guys.
See You In Court.
UPDATE!: As David Ovalle reported for the Herald, it was all a big misunderstanding and Michael Tein apologized for the unfortunate misunderstanding. Can't we all just get along?
Here's the opinion:
3D12-0911 Opinion
48 comments:
Here's the way this plays out- Ronnie the D holds a hearing, and holds LT in contempt for perjury. He assesses costs and fees of $150K. The firm disbands and seeks bankruptcy protection. The plaintiffs seek to pierce the corporate veil because the attorneys funneled the funds from the indians thru the firm to their new luxury homes they somehow managed to buy.
Things go downhill from there. Just ask Hammerin Hank Adorno.
Karma is a bitch ...
THE CAPTAIN REPORTS:
Rundle v. Vereen ...
Excellent debate that took place before the Editorial Board of the Herald. You can watch it yourself by going here:
http://www.miamiherald.com/2012/06/20/2859930_miami-dade-state-attorney-candidates.html#storylink=addthis
Cap Out. .....
Their website, www.lewistein.com has been down since yesterday afternoon. Did the firm implode?
Calling the shumie for that firm, big time.
No problem with commas before and after "therefore" but do have a problem with the comma before the "and" in the same sentence. The Court would have been better off starting the sentence with "Therefore,"
Isn't this the same Rothenberg who is the bame of every defense lawyer?
Just because she roasts these guys, don't forget about all the other wonderful decisions she has signed her name to.
Why did the court remind them of their obligations to the Bar. Why didn't the court refer them to the Bar. The opinion all but says they violated ethical obligations.
That's right, Mr. Tein. A simple apology will do it. You meant no disrespect to the Judge. Everyone else just got it wrong. What an embarrassment to the bar.
Lewis Tein went up the hill to the Dade County Courthouse to fetch a three million dollar fee.
Michael fell down and broke his crown
And Guy Lewis came tumbling after.
7:15 am- I agree- if the sentence started "Therefore we deny the petition and remind...."
Yup. That works.
I think the Bar already did its investigation and cleared them.
Kathy came loaded for bear. She had a wealth of statistics to refute Rod's charges and show the decrease of serious crime in dade, the decease of direct file for juveniles, the decrease of juveniles in state prison from Dade. It was if she knew what Rod was going say and had the facts and figures to refute him.
This one to Kathy by a TKO.
Simple conclusions:
-Rod is a light weight, incapable of being State Attorney.
-Tein and Lewis are unethical scum who make the bar look bad. Let's hope someone refers these bozos to the Bar and the Bar disbars them.
Rod,
We all alove you and you would make a great judge, Public Defender or State Attorney. But to run against KFR becasue you got prodded by John Rivera and Michelle Spence-Jones is just plain ole stupid.
If you would have run against Peter Adrien, youd be in the middle of your first term right now.
could she squirm more in her chair or huff and puff more?
she looks like an old club girl, hanging on well past her prime....
The sanctimonious entitlement simply oozes out of KFR's every word and gesture. She is so obviously vexed that anyone should dare to challenge her that I found it impossible to hear much of the substance of anything she said.
Add to that, calling Vereen by his first name and saying he was "recruited" is further evidence that she thinks she owns this position and shouldn't have to deign to answer questions from the commoners. (The "recruited" line is also code. She was about a millimeter away from calling him "uppity.")
This notion that her incumbency is in itself the qualification that should eliminate Vereen is simply vile. Vereen's resume is perfectly reasonable for someone challenging for this job, but she treats him as if his run is illegitimate.
I hadn't made up my mind about this race, but seeing KFR act like a queen put out that one of her subjects has stepped out of place decided it for me.
With her machine in place, she's probably not beat-able. But I've long since come to accept that my vote is never going to be effective in this town.
When you attack me and call me names it is crucial you use proper english. It's " you're a jerk" not "your a jerk".
So go back to your drawing board, perhaps take a remedial class in English and give it another try. I assure you, when you author a well written attack, I will publish it.
Cap here:
Kind of reminds me of the famous line Coach V asked a ref during a basketball game:
Hey, ref, can you give me a technical foul for what I am thinking?
Ref: No Jimmy, not for what you are thinking.
Coach V: Good, cause I think you're (you are) a jerk!
Cap Out ....
I wonder if this fiasco had happened in federal court, would they have been hammered in the same way or would the Philosopher Kings have buried it.
I'm not making this up:
Just before 3 p.m. on Wednesday, June 20, 2012, the elusive Higgs boson made science history: it topped the list of trending Twitter topics-- all because of a flurry of rumors that began on a handful of physics blogs, and quickly spread to media outlets.
ANALYSIS: Rumors Erupt Over Higgs Boson Discovery
It started when physics blogger Peter Woit of Not Even Wrong posted a short item:
Reliable rumors couldn’t wait, and they indicate that the experiments are seeing much the same thing as last year in this year’s new data: strong hints of a Higgs around 125 GeV. The main channel investigated is the gamma-gamma channel where they are each seeing about a 4 sigma signal.
Translation: Both the ATLAS and CMS experiments at the Large Hadron Collider have detected signals that could very well be the Higgs boson in their latest data, right in the range where the LHC announced preliminary results last December.
HUH?
I'll let our neurophysicist / astrophysicist Rumpole give the real translastion
Re Tien and Lewis- stop hating. You all want them disbarred? Silly.
Re Rumpole and the Heat- brush up on your people skills ole man. Go lebron.
Re rod Vereen- great picture on your signs. And great PR for your future. Rundle in a landslide.
Vereen Owned. Nice effort but KFR is the real deal. She'll always be a few steps ahead. Maybe try county court judge?
The Lewis-Tine lunch and learn seminar:
"Bill Bill Bill- how to soak a really big client and the secret to our success" scheduled for this Friday at the main courtroom in the Dade County Courthouse will be canceled and re-scheduled at a later time to be announced. We apologize for the inconvenience.
The Lewis-Time lunch and learn seminar for August: "Disqualifying the judge who annoys you" will be similarly be canceled for unforeseen circumstances and rescheduled at a later date.
Thank you.
We are also cancelling September's Lewis, Tein Lunch and Learn Seminar - "How to successfully argue your position in your initial brief without providing quotable statements that the panel can use against you in its opinion" due to circumstances beyond our control. This presentation will not be rescheduled.
October's Seminar - "How to successfully respond to a second Bar complaint immediately after expending your political capital in deflecting the investigation of a prior complaint" is still on the schedule at this time. Please check back with us, however, in case circumstances require additional scheduling changes. Additional fees may also be charged for the October Seminar to defray unanticipated costs.
Thank you for your support.
Wow! What a SPANKING! Rod should pick up his shit and go home. Anyone who says that KFR is out of touch with what happens in her office needs a psych eval. She has a firm grip on everything that's happened going back 20 plus years.
Rod is just spewing nonsense.
Rod won the debate hands down. My vote goes to Vereen.
Rod is a cool cat but zero chance to win. Wait, he already won. Winning. Rod took a page from scorpo self pro. Go Rod. Give a brother a chance.
Tein and Lewis forgot the first lesson you ever taught them Rump. They made it personal with Dresnick. It wasn't personal Rump. It was strictly business.
Euro 2012 Rump. Who's your team?
Heat won, Rumpole! What say you?
Well of course I'm pulling for the lads from England on the pitch this Sunday against the Huns.
I think France plays a very exciting game and I saw Portugal today for the first time over the Czech Republic and their striker is some exciting player. They have to be considered a favourite as well.
Brushing up on your people skills?
Rundle's people gave her stats before she went in to that interview and she stuck to those and didn't come up with anything else. She acts like she owns it. Rod is a cool guy, but Rundle is more politically connected.
Re: Tien and Lewis - why do you rejoice in their misfortune? These guys are good lawyers even if they are cocky. Seems also like you didn't even read Rothenberg's opinion since you have the facts completely exaggerated against Tien. So funny you would applaud Rothenberg. She ALWAYS writes with a poison pen and is (still) just a prosecutor in robes. Do you just hate these guys because they have built a real firm while you blog anonymously?
Re: Tien and Lewis - why do you rejoice in their misfortune? These guys are good lawyers even if they are cocky. Seems also like you didn't even read Rothenberg's opinion since you have the facts completely exaggerated against Tien. So funny you would applaud Rothenberg. She ALWAYS writes with a poison pen and is (still) just a prosecutor in robes. Do you just hate these guys because they have built a real firm while you blog anonymously?
verren spanked ehr. amde her look defenseive and on the run.
ROUND 1 to ROD
Silent Rumpy! Got nothing to say after he slandered the Heat all season and then they win the Championship! Silent Rumpy!
Rod comes across as an idiot in the debate. He just pandered to the black community and Kathy haters. He is totally unqualified to run the Miami SAO. After watching his debate performance, think he might not even be qualified to run for dog catcher. Used to really like the guy, but he is a tool in this debate.
Rumpole has been silenced.
I assure you I have not been silenced. I will have plenty to say on the disgrace of the heat being champions and why thr sporting world is a little less pleasant today. But I need to attend to my other duties first. Check back. I will have my say.
Anyone receive Judge David Miller's campaign e-mail? So inappropriate. Can you say copyright infringement? The statement below his picture is outrageous. What a tool!
http://www.tampabay.com/news/courts/dispute-between-court-officers-breaks-out-in-hillsborough-court/1236655
"TAMPA — A Hillsborough judge said Thursday she will not hear any cases involving an assistant public defender she called "incompetent and untrustworthy" and accused of "sitting on her butt" during a discussion involving the fate of a juvenile defendant."
The crazies in Tampa are at it again.
Rumpole,
The special for tonight's dinner is raw crow. I undertand they taste wonderful on an onion roll with ketchup and pickles, but like BK you can have it your way. Ess ess, mien kindt. (Eat eat, my child) Eppes essen. (Good eating)
Afterwards Eric Spoelstra will tuck you in and read you a bedtime story.
Hey Captain. Quit being an apologist for Markus' blog. Don't give me that B.S. that he covers federal matters. He protects his friends is the better answer. His buddy Tein gets coverage for his wonderful sound bites that DOM fawns over. Am I wrong or did DOM cover the fact that the Bar had cleared Lewis Tein of one of the pending complaints filed against them? Hum . . . Markus only covers federal matters.
The Heat, Lebron included, played with the heart of champions, with class and tenacity. They earned this ring. They each congratulated OKC players, unlike Rondo and Garnett.
Go Heat.
Horace,
Don't let your emotion over the manner that the Heat come together distract you from the truth. Take a hint from the OKC coach. The Heat won it fair and square. They didn't luck into it or catch a break, they beat a very worthy opponent in 4 consecutive games. The Heat are world champions because they were the better team. Period.
Never let it be said I have not given you heat fans your say. I think my current post is a good response to all of you on the luxury bandwagon that is the 2012 heat.
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