Monday, April 02, 2018

WHAT NOT TO DO

Young lawyers may ask themselves what crosses the line in litigation?

The answer is to act as lawyers Bernardo Roman and Pepe Herrera did in representing the Miccosukee Tribe. They had a dream client and they screwed it up, got nailed with over a million dollars in attorneys fees, and now are being disbarred.

Why does Judge Tunis always get the hard cases?
These orders together are a novella in scope and size. 

This is what not to do.

Also, it's not a good idea for anyone, even a retired judge serving as a general master, to bring pistachio nuts to a deposition.

Roman Order

Herrera Order

25 comments:

  1. Bernardo's boat was auctioned off last week.

    Hope the buyer got a good deal. I don't think there's enough MistolĂ­n in Hialeah to remove the stench.

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  2. I like Pepe and I'm sorry to see what happened here but, I really can't stand Dava Tunis.

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    Replies
    1. Bernie, I'd think you'd be too busy hiding money to post comments here.

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  3. Don't do what Donny Don't does.

    https://www.youtube.com/watch?v=pbwxlyUunL8

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  4. Holy Cow! It sounds like a criminal investigation may be possible, based on the findings. “Other Independent Criminal Acts.” Yikes! It’s weird that Jay Weaver/Miami Herald is not covering this. He wrote so many stories buying into the false accusations. Is he trying to distance himself ??

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  5. Those f’ing indians!

    One of the biggest fights between the racist Andrew Jackson and Davie Crockett was over Indians. Davie thought that Indians were men and women, like anybody else, that they were Americans and should be treated as such. Andy thought them sub-humans; intelligent monkeys; and packed them off on the trail of tears.

    Davie was right; Andy’s a racist. Time to end this duel status. If they want to stay, “at war,” send the Marines to the Hard Rock and see how long it takes that bunch of diabetic tax cheats to surrender. American Indians are American citizens. No more special deals.

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  6. You mess with PC, you get the horns.

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  7. The miccosukee tribe paid Bernie millions. And then he cost them millions more in fees and sanctions.
    Yet their "Association ABC" vs Bernardo case just sits there with no activity since July.
    WTF Saunooke? Your client has something against suing someone that's actually guilty??

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  8. "Any person who accesses the number 911 for the purpose of making a false alarm or complaint or reporting false information that could result in the emergency response of any public safety agency; any person who knowingly uses or attempts to use such service for a purpose other than obtaining public safety assistance; or any person who knowingly uses or attempts to use such service in an effort to avoid any charge for service, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."

    Why wasn't Bernie charged?

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  9. Kissimmee Kid = Andy Jackson

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  10. Bringing pistachios anywhere is actually always a good idea. Your comment on the subject is quite dispiriting. I'm sure MM and BTDT and captain would all disagree with you.

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  11. @4:43 pm

    I think Kathy’s office is deferring the state court misdemeanor to the imminent federal indictments of Bernie and Pepe. Lol.

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  12. This is flat out dishonest and criminal. The order shows why Tunis is a terrible judge. She sees the case as a violation of litigation rules without calling it the criminal attempt to rob some decent people. Did she not care about the motive or purpose of this caper?

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  13. This is guilt by association. I predict this is not over. I think Cueto has a companion case.

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  14. Having read the two orders that you posted, Rumpole, I agree with @9:13 am....when you put your law license up for sale to commit crime and you associate your law license with a criminal conspiracy as these guys obviously did, you're guilty.

    And it's definitely not over....will be standing room only in the Florida Supreme Court for imposition of the death penalty on thee two scoundrels. The live stream of the termination of their ability to commit crimes posing as lawyers will be the most watched penalty hearing ever, I bet!

    I think Judge Cueto has the third co-conspirator, Ramon Rodriguez. POW! STRAIGHT TO MOON! Tri-fecta disbarment!

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  15. Yes, I agree.

    Judge Cueto will rule differently than Judge Cooke, the Eleventh Circuit, the Third DCA, Judge Thornton, Judge Bailey, and Judge Tunis, all of whom found these three lawyers engaged in fraud on the court and a myriad of ethical violations.

    Roman, Herrera, Rodriguez...forever bound in the annals of unethical Miami lawyer lore.

    Lol. Pobrecito...

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  16. @8:25 am

    "decent people" might be a stretch, but Bernie's caper didn't just attempt to rob the tribe, he accomplished an epic heist! I agree that it sucks he has not been charged criminally yet. But hopefully that situation is temporary!

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  17. Oh 11:37 you give yourself away with "pobrecito." Have you choked, beaten, or chased anyone recently.

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  18. @12:08pm

    He's beaten you :)

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  19. I hope Bernie's creditors find the money. They should probably talk to that crooked CPA that lied for him in court. And S1. They might know...

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  20. Permanent disbarment. Wow. 10 year disbarment. Wow.

    Anyone associated with those criminals seems to have exposure.

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  21. It's too bad that none of Bernardo's associates from his firm were ever held accountable for their actions in furtherance of his scheme. They were all well aware of the fraud they were perpetuating.

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  22. Lock them up! Lock them up!

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