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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, May 05, 2014

NETS IN SIX

Nets in six over your Miami Heat. Take it to the bank. 

Dr. Vodka lawsuit. 
It didn't take long for some civil lawyer to parade in front the of media with a poster size picture of the wife and young children of Dr. Malcom Lloyd, who was killed as he rode in the Lamborghini of Andres Toro on April 24 after both men left a tony south beach restaurant. 

DUI Manslaughter cases stink. From top to bottom they are full of heartache, the genesis of which was a bad decision and an accident of some sort.  And now we have civil lawyers looking for their 40% before the body cools. The whole thing, covered by the Herald here, strikes us a unseemly. But then, most of modern day law strikes us as unseemly. 

THE GOLDFINCH
We wrote a review Sunday. If you didn't read, scroll down now.

Yes, we are obsessed with Donna Tartt. 
We leave you with theses stunning paragraphs:

And, increasingly, I find myself fixing on that refusal to pull back. Because I don’t care what anyone says or how often or winningly they say it: no one will ever, ever be able to persuade me that life is some awesome, rewarding treat. Because, here’s the truth: life is a catastrophe. The basic fact of existence — of walking around trying to feed ourselves and find friends and whatever else we do — is catastrophe. Forget all this ridiculous ‘Our Town’ nonsense everyone talks: the miracle of the newborn babe, the joy of one simple blossom, Life You Are Too Wonderful To Grasp, &c. For me — and I’ll keep repeating it doggedly till I die, till I fall over on my ungrateful nihilistic face and am too weak to say it: better never born, than born into this cesspool. Sinkhole of hospital beds, coffins, and broken hearts. No release, no appeal, no “do-overs” ...

And — maybe it’s ridiculous to go on in this vein, although it doesn’t matter since no one’s ever going to see this — but does it make any sense at all to know that it ends badly for all of us, even the happiest of us, and that we all lose everything that matters in the end — and yet to know as well, despite all this, as cruelly as the game is stacked, that it’s possible to play it with a kind of joy?

Make no mistake Dear Readers, she is a genius. 

See You In Court. 






38 comments:

Anonymous said...

Rumpole is a fucking hater

Anonymous said...

Eh. Taking 33% of some grieving family's recovery for working hard to make it as big as possible is probably not much different from charging a hefty flat fee to cross examine a rape victim about whether she is a prostitute. It's the system we got. Grieving families and accused rapists fare better with aggressive lawyers who want to get paid well.

Rumpole said...

Well, I like the Nets. So it really depends upon your perspective doesn't it?

Anonymous said...

That Nets team is filled with has-been Octogenarians!
Heat in 4...

Anonymous said...

He did one thing right. Hired bobby reiff.

Bookie said...

Rumpy in my next lifetime I want to be your bookmaker. If you bet your predictions you would be broke!

Anonymous said...


I'll take the Heat Horace. Care to wager a bet?

On the DUI Manslaughter/Lamborghini case, two of the finest lawyers in South Florida are involved in that case.

For the defense, Bobby Reiff has been hired. And the defendant could not do any better than Bobby on this very serious charge.

For the family of the decedent, Ervin Gonzalez is the best civil trial lawyer in the State of Florida and he has had more success for his clients, (success = money) than virtually any other Plaintiff's attorney in this State in the past decade.

Ervin is a gentleman both in and out of the courtroom and the family did right by hiring the best in such a devastating case where a wife became a widow and two children, ages five and one, lost their father; all in the blink of an eye.

I agree with you on one point - the case is full of heartache; but Andres Toro's heartache will never ever come close to the loss this family will feel every birthday, every Father's Day, every Thanksgiving Holiday when there is an empty seat at the dining room table; every Xmas, high school and college graduations, marriages, and on and on. It's not even close.

Anonymous said...

Bobby Reiff is not a good trial lawyer - he is neither charming nor street smart which are important components for a trial lawyer to have. He is good pre trial on a DUI case but not for a trial- I would pick Phil over him on a dui.

Anonymous said...

Terry Lenamon has cashed in over 7 figures in the last few years off the taxpayers and you have the nerve to talk crap about civil lawyers and judges? Getr your head out of your ass which apparently you keep in your wallet.

Anonymous said...

Say what you want about the Kennedy's, but when war came, they (like Bush, Sr.), served and fought. Joe, killed on a top secret mission, where he was in a plane that was to be remote controlled (loaded with explosives) after he jumped out. John, on PT boats in action. These were great men who put their lives on the line. Bush, Jr., Obmama, Clinton, Jeb - none of them can compare to any of the Kennedy's, Bush, Sr., or even Kerry for that matter.

Anonymous said...

8:06, I thought the same thing about Reiff. Then I saw him in trial, and he was a completely different person. He's quite a trial attorney.

Anonymous said...

good point; why are defense lawyers like you commendable but civil lawyers who seek to obtain judicial relief for a client unseemly?? (not being either, I don't have a personal interest other than respect for lawyers who do their job well. Your take is unwarranted).

Anonymous said...

I am just a poor angry lawyer wishing I could get good cases. This is why I love reading the comments on this blog about other lawyers. It's such a release for me.

Anonymous said...

Wrong. Big DUI cases are best handled by Reiff, Catalano or Hersch( now a judge). They know how to play that game. Bobby may be a bit stiff but, really knows his stuff.

Do you really think that case will end up in a jury trial with 120 mph and drunk in fancy sports car!!!!

Phil R said...

8:06 Am. Bobby Reiff is hands down the best DUI lawyer in this State. He is the only DUI lawyer I know of who consistently tries and wins DUI cases with readings above the legal limit. While I appreciate the kind words, there is no comparison and if I were ever to be contacted on a case like this, the first thing I would do would be to call Bobby. The client is literally in the best of hands.

Anonymous said...

Rumpole is completely wrong. NETS in 5 maybe 4

Female Lawyer said...

Rumpole, you are an ignorant ignoramus. Your view of literature is warped and juvenile. You are a pig and an obnoxious one at that. You are a cretin. Your miserable existence causes nothing but pain and heartache and I am speaking from experience.
Die a slow horrible death you despicable and poor excuse for a human being.

Rumpole said...

I realize my pick of the Nets has ruffled some feathers, but really....

Anonymous said...

Former ASA here,

Reiff is the best DUI guy around. Saw his motion practice and depo skills and he is top notch. Don't know about his jury skills, but this wont see a jury. Family will be okay with a huge settlement and they will be okay with a middle range prison term.

Defendant will give up zillions to avoid a lengthy sentence.

Anonymous said...

1:07 - Spare me. Press conference with a photo? Needless and nauseating. This is a case any 2L could handle. Policy limit demand and settlement.

Anonymous said...

Leave SAO to work out of my apartment. Year one- settle loss of hand PI case mid trial for 2.3 million. Now I have an office. Year two. Cash a 300k referral fee on med mal settlement where I was technically co-counsel. Year three. Write section of Georgia brief as to why Florida Forfeiture laws don't apply to a 13 million cash seizure in Georgia at boarder in a case involving a Florida based trucking company. Just got favorable ruling. Money returned to client. My fee 50% of the 40% of the 13 million since I also litigated the case in the Florida courts. Dismissed. Do the math. I love my job. And to all you who laughed at me leaving a state job for working out of my home: come see my new 911. Turbo.

Anonymous said...

Kudos Phil. You are a humble gentleman.

Anonymous said...

Blowing all your money on a turbo 911. Just like some dumb uneducated ballplayer who gets a signing bonus. You will be broke in a few years. Mook.

Anonymous said...

BFD. I can lease a Porsche for 850-900 a month. Not impressive.

Anonymous said...

Here's what the state said: "good grief! They got Bobby Reiff! ".

Anonymous said...

Sounds like a job for Lyons and Lurvey!

Anonymous said...

Koufax never had a great breaking pitch that he could rely on. Discuss.

Real PI attorney said...


to 2:41 PM:

1:07 here ...

You would be committing malpractice if that is the way you handled it. That's also why you will never get hired on a case this big.

Policy limits is only the start of this case. How about the UM limits?

How about doing a background and financial assets check on the defendant. The Defendant will have to hand over all financial information, either voluntarily, or during the Discovery phase of this case.

During discovery, there will come a time, in the not too distant future, where there will enough evidence for Ervin Gonzalez to file a Motion to add a Count for Punitive Damages.

All of the Defendant's assets will be on the table at that point.

Did you consider the restaurant/bar that served the defendant all of the alcohol. That's called a Dram Shop case.

I have been working for the past three years on a traffic related wrongful death suit that involved an intoxicated defendant driver. My client was killed by the vehicle operated by the intoxicated driver. After an extensive investigation, we ended up suing 11 different defendants, have settled with ten of them, including a drinking establishment, and collected, well, let's just say, a lot more than you ever would have,

because, as we now know, you would have settled for policy limits from the driver of the car.

You sir, are a loser. And not a very good PI attorney to boot.

G/N


DS said...

Kudos to Phil R.
So few on the blog say nice things about others. Hiding in the shadows allows the nastiness of small minds to come out.
Its refreshing to see a
good , but totally true about another's talents

Trial Lawyer said...

12:35 FTW

Anonymous said...

Shum dog says Doc Gooden had best curve ball he ever saw.

Anonymous said...

1:07/12:35 is completely correct. 2:41 had no idea what he was talking about. Policy limit demand and acceptance in that case would be malpractice.

Anonymous said...


Ouch. 2:41 PM. You were just schooled by 12:35 AM

Nice Aventador said...

Oh boo hoo. I'm supposed to feel sympathy for Dr. Vodka's death? This guy was perfectly fine having a great time on South Beach at 3AM, partying at the Versace mansion and dining at Casa Tua. Then he was fortunate enough to die in a $400,000 Avantador. I don't feel sorry for him or his family at all. He chose to get in the car with his buddy. I feel sorry for the poor guy in the SUV who was driving home and was just waiting at a red light. That's who I feel sorry for. I don't feel bad for douche bags who don't have the balls to turn down a ride in an Aventador.

Anonymous said...

11:16,
Civil lawyers aren't seeking 'judicial relief.'
They're seeking money.
Read 12:35. Our society has decided that in order to hold someone responsible for their actions, we make them (or their insurance company)pay money.
It has nothing to do with protecting individual rights.
Money doesn't bring back a victim everyone says. But lets get millions for the family.

Anonymous said...

Is everybody forgetting the guy who was killed by lambo and dr. vodka? Is there some comparative on dr. vodka for getting into the car with an intoxicated driver? was dr. vodka intoxicated, and what about that statute? And again, what about the guy who was hit by the party people? They got some counsel with chops.

Van Morrison said...

Rave on John Donne, rave on thy Holy fool
Down through the weeks of ages
In the moss borne dark dank pools

Rave on, down through the industrial revolution
Empiricism, atomic and nuclear age
Rave on down through time and space down through the corridors
Rave on words on printed page

Rave on, you left us infinity
And well pressed pages torn to fade

Anonymous said...

Lyons has been.