Taking on the familiar role of agent provocateur and reading about our colleagues' troubles at seeing clients in jail, we took matters into our own hands last week.
The story you are about to read is true. No names have been mentioned to protect the author.
We have met in the past with the family of a person in DCJ being represented by the PDs. The PDs are doing their normal good job. No need for Rumpole to get involved. But we decided to see if we could see the client, so we went to the jail and filled out one of those pink slips.
And then we waited. And waited. And waited. And then.....we were summoned to the front.
Corrections Officer: Are you XYZ's lawyer?
R: No ma'am we most certainly are not.
CO: Why do you want to see them?
R: That's a privileged matter but suffice to say the client wishes to consult new counsel. Here is an email from a family member asking me to see this individual.
CO: Okay, hang on.
And we wait and we wait and we wait. And then...
CO: You cannot be admitted if you are not the lawyer.
R: Have you ever heard of someone changing lawyers?
CO: Yes, if they want to change lawyers to you you have to put in a notice of appearance.
R: Well, I am sure you mean file a notice of appearance, but how can they change lawyers without meeting me first?
CO: My supervisor said you have to put in a notice of appearance.
R: This is the first I am aware of corrections dictating legal filings, but be that as it may, can I speak with your supervisor?
CO: Okay, hang on.
And we wait and we wait and we wait and we wait. And then...
CO: My supervisor said the rules are you have to put in a notice to see a client.
R: You already told me that. I now wish to speak with your supervisor.
CO: She said no.
R: May I have your supervisor's name?
CO: She ain't goin to tell you that.
R: Do you realize the impossibility of a person in jail changing a lawyer without first, say, interviewing four or five lawyers first?
CO: (Getting annoyed) She said you have to put in...
R: I know I know... I have to file a Notice of appearance. Is that a rule that cannot be bended in any way?
CO: No.
R: Let's say chief judge Sayfie was here with me, and she told corrections I can see the client without putting in a notice. What do you think about that? Would I be allowed to see the client then?
CO: Huh? Who?
R: Never mind. Have you ever read the sixth amendment?
CO: Look, these are the rules okay and I cannot break them. You cannot come in without a notice of appearance.
R: One last thought. Sometimes people in jail are witnesses. Are prosecutors admitted to the jail to see someone? A prosecutor cannot by virtue of their position file a notice of appearance to see someone. How about that?
CO: Huh?
R: Pretend a person in jail is a victim of being beaten senseless by a ruthless gang of corrections officers and a prosecutor wants to interview that person for the purposes of prosecuting those corrections officers for aggravated battery. Would the prosecutor be refused admittance- knowing of course that the corrections officers' defense would be the person repeatedly threw themselves into a wall while the officers begged them to stop?
CO: What you saying?
R: (Sighs). Never mind. Let it be said, on this day and time, the Dade County Department of Corrections has decided that people in their jails cannot interview lawyers to see if they want to change counsel. Good day to you madam.
And with that, an almost three-hour excursion into Miami's version of Dante's Inferno: "Abandon Hope All Ye Who Enter Here Without a Notice of Appearance" ended in failure.
What say you Chief Judge Sayfie? What say you FACDL?
12 comments:
I went to Metro West Saturday with a fabric tape measure to measure my client for a jacket to wear in his trial today. They went crazy about that. I finally had to see a supervisor and they took it away from me and allowed me only to do the measurements in the presence of an officer.
OK maybe he could hang himself with that but, they allowed my cord for my laptop and that would work even better as a hanging device.
I have asked to clear a staff member to visit the same client. Trial is today. I have been asking for about a month with no answer.
Let's lock up some of the corrections bosses and see how they feel being treated like this!
File your NOA. If not retained just withdraw it. The fools who run the jail are mostly high school dropouts and fools.
It's night and day comparing Dade and Broward jail policies. I represent a client on a personal injury case that isn't in suit, but he's got separate counsel for an unrelated criminal case. I had no problems getting in to see him on a couple of occasions and never had to explain anything to BSO. Never mind how easy it is to get in with a lap top. Hard to believe this nonsense from Dade is related to security since jails across Florida don't do this.
Had a client festering injuries. Could not bathe himself due to the injuries. He needed a nurse to do the bathing. Female nurse could not bathe him, and guess what... no male nurses
He was left to fester.
come on rump- everyone with a brain knows you have to file a notice of appearance PRIOR to getting retained....
File a "Notice of Appearance" and within the body term it a limited notice for purposes of
client communication. They will never read it and the docket will say Notice of Appearance
Tell Mayor Levine-Cava. She's their boss.
What if the client does not want his lawyer to know he is interviewing another lawyer. This violates the 6th amendment. File a writ.
Justice Thomas will issue an opinion just saying, "Corrections as an administrative agency deserves deference and gets to set the rules, no amendments violated, petition denied."
Something similar was happening in Pensacola/Escambia County about 8 years ago.
See https://www.pnj.com/story/news/2014/05/10/attorneys-denied-access/8958835/
The issue was partly a civil one, because some inmates had been injured, and injury attorneys were attempting to meet with them to consult about civil suits. Corrections there took the position that their attorney of record was whoever was in the criminal file - and that was either an assistant public defender or criminal private counsel and not any attorneys trying to meet with them concerning liability and negligence of the government responsible for housing them.
I once went to metrowest to visit a client charged with murder on a courtappointed case. One of the most prominent private defense attorneys was interviewing my client. He got the case. He was supposed to contact me before talking to my client. What a conversation that would be! I was appointed to replaces possible subornation of perjury by the lawyer who replaced me friend. This is a nasty business not for the ethical and honest. Unless you want to barely make ends meet.
The problem is bottom feeders just call out PD clients to troll for cases.
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