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?