Saturday, June 05, 2010


Good Saturday morning and here's the news you need heading into the post Memorial- Day holiday weekend.

We're in our Nation's Capital for the 21st running of the Susan G. Kormen Global Race for the Cure® where according to Mike Allen's Playbook post, over 41,000 people will participate, including 3,500 cancer survivors, and many from South Florida's legal community, possibly including you know who.

Today is Saturday June 5, 2010- 66 years ago today President Roosevelt addressed the nation to announce the liberation of Rome by allied forces. Meanwhile huddled in a bunker in England, Supreme Allied Commander Dwight D Eisenhower was giving the final go ahead for the invasion of France, which commenced with airborne troops parachuting behind Nazi lines on the night of June 5, 1944.

As we face an unprecedented ecological threat to our nation, we need a little bit more of the leadership and old fashion American "can do" spirit that saved the world in 1944.

After our post yesterday, it's amazing how many robed readers and their supporters privately emailed us to let us know that THEIR nickname was "The Terminator" based on how many cases they could close, and that we blew it yesterday with our post. This issue bears more investigation so......we'll be baaaack!!

On Monday the Supreme Court will issue the final decisions for cases argued during the 2009-2010 term. Monday will also mark the official end of Justice John Paul Stevens 35 years of service on the court. Whatever the future makeup of the court, our nation and our legal community was blessed to have a man of such integrity, intellect and dedication serve.

The SCOTUS blog will have breaking coverage of the decisions on Monday as they are announced.

From a man of dedication and integrity to a man with none: Scott Rothstein is due to be sentenced by Federal District Court Judge "Gentleman" James Cohn on July 2.

Here is Rothstein's letter of apology to Judge Cohn, courtesy of Bob Norman's Daily Pulp.

Norman broke the Rothstein story and remains the "go-to"journalist on all matters Rothstein.


47% of readers want the policy at the jail to return to the way it was- any attorney can see any inmate at any time.
15% of you like the new policy, while 14% of you want it to be open season only on PD clients.
31% of readers want Judge Adrien stationed outside the jail so that he can personally review requests to see inmates on a case by case basis.

And for those of you counting at home, the poll allowed readers to select more than one answer, meaning that the entire enterprise is statistically flawed and was done for entertainment purposes only.

See You In Court (yes, we'll be back by Monday).


Anonymous said...

Anybody seen fast Freddy Moldovan lately?

Nancy, Nancy, Nancy said...

Well-known curmudgeon, Nancy Wear, is at it again.

Her reply to a request (for all to read) from a young lawyer asking for legal research help posted on the FACDL list serv was : "PICK UP A LAW BOOK!"

While that is sound advice, there are much better ways to respond to a young lawyer. Better ways than to lay a smack-down on a young lawyer in front of the whole FACDL community.

Contact the young lawyer off list and point her in the direction, if you are so inclined. Or, if not, just suggest that she go to a law library/computer and do some research.

The truth of the matter is, though, the young lawyer's request for help was a request to do her job for her. She wanted a shortcut to doing the legal legwork that we all do daily. Symptomatic of the immediate gratification generation of lawyers.

That being said, Nancy, while blowing her own horn recently and bragging about a civil case she won, thanked all the wonderful lawyers that gave her advice and cases to help her.

Learn some frickin tact, Nancy. Avoid the hipocricy while you're at it.

Anonymous said...

I was in the Freddy Moldovan possee but there was just not enough flow so now I'm trying to join up with the Jay White Posse.

Can you help a brotha out?

Anonymous said...

What's wrong with any lawyer, young or old, seeking assistance from colleagues?

I received the same email (as did everyone) from Nancy Wear. Her sentiments may have echoed what some of us were thinking, but c'mon. Why publicly humiliate somebody just seeking some help.

I do tons of legal research, but when an issue comes up (even something as straight-forward as basic search and seizure) I always ask around. Not so somebody can do the work for me, I would never expect anybody to make my clients' problems their own. The reason I ask is because oftentimes, another lawyer has personally dealt with that exact issue or knows a case that is 100% on point.

I understand that this is business. Criminal defense is not a team sport. We compete for the same client pool. But we are members of the same profession and should never hesistate to extend a hand whenever possible. Believe me, your willingness to help will come back to you when you need it. And if after years of practice you've never sought advice or picked the brain of a fellow attorney, then you're not giving your client the best service possible. We have a lot of very bright attorneys in our stable. Take advantage.

Anonymous said...

What's wrong with asking for a shortcut when short on time? Asking abother lawyer who dealt with the issue before you and can point you in the right direction is good, and so is pointing in he right direction another lawyer who asks. It all comes back to us because everyone will need a good pointer or the latest caselaw on an issue at some point in some case.

Anonymous said...

Robin Faber was a pd in juvenile for 15 years. this does not prepare you for being a circuit court judge. but hey neither does doing real estate closings (areces) or doing landlord tenant law (glazer) and that didnt stop them.

the bench in this town gets worse every year.

Anonymous said...

My 2 cents, for whatever they're worth:

1. I believe the young lawyer's email was asking for more than just a quick tip on an unfamiliar point. To me, it read as if she wanted someone to do the research for her. I've used that listserv myself many times to ask for help, but never before doing at least some legwork to find the answer first. Of course, there are exceptions for when one is in trial or has a real time constraint. But this young attorney needed the answer by Monday, which is plenty of time to do the work herself.

2. I've never met Ms. Wear, and have no desire to, as my impression of her is that she's very petty and mean-spirited. Not too long ago, she complained that FACDL should not give PD's a break in membership dues. And now, she bitch-slapped this young attorney on an open listserv for all to see. No tact, and a big mouth.

Scott Saul said...

Not offering words of wisdom, allowing to be a mentor or pointing a fellow attorney in the right direction is such a "loser" thing to do. If you have the answer to something, then share it.

None of us arrived at where we are without help.

In my experience, I have found that the best lawyers have also been the most humble of lawyers. I have been fortunate enough to go to trial with some real superstars and these great attorneys were humble, they would have practically did the work for me.

I have tried to use this blog as a "shortcut". Why not? It would be illogical to not. Why try to invent the wheel when it has been already invented?

Judgemental people suck. Get a life and fret over something real!

Anonymous said...

To refer to the Gulf oil disaster merely as an ecological disaster is short sited.

Anonymous said...

You're an idiot as a lawyer if you don't talk to your colleagues about facts and cases. We're supposed to be a PROFESSION. Her comment sounds arrogant and rude.

Anonymous said...

Robin Faber was an anti trial lawyer at the pdo. Get a grip Julio.

Anonymous said...

The problem with the lawyer who was requesting the "help" is that she is a serial "help" offender on the FACDL-Miami listserv. It wasn't that she was asking for help on something she should have researched herself, it was that she seems to go to the listserv instead of doing the work herself for everything. Unlike Nancy, I resisted blasting the offender ... but I was tempted to do so.

Anonymous said...

Maybe the young lawyer was using the listserv as a research tool just like Lexis, Westlaw or Fastcase.

I don't have a problem with giving copies of cases I've found to other lawyers who now have the same issue that I had when I did the research. Likewise, I appreciate it very much when another lawyer does the same to me.

SCENE Around Town said...


Kenny W trying to join the Kobe Club on Sobe;

The Q at MIA getting off a 22 hour flight from Khandahar sporting the new and soon to be released next Generation Iphone- trying to make his connection to the Gulf coast. There's no rest for the Q.

A group of high powered crim def attys at Club Space Saturday Night on the phone trying to get a hook up into SET.

And two VERY MARRIED (to others) Judges at the Ritz on Key Biscayne Friday night enjoying the drop dead guacamole while intimately sipping from one very large margarita. A QUE RICO!!!

And I am and always will the

Kenny W said...

...Kobe Club has been closed for nearly a year. Add bad concept to bad timing...recipe for failure.

Anonymous said...

Oooh...sounds like someone is sore for not getting into the club.

Anonymous said...

Ms. Wear's comment is no different from a professor in one of our esteemed univeristies stating the answer is in the library. Would you all be attacking said professor the same way? NOT. You would be answering/researching same for the answer without the slightest umm in your voice, or your unprofessional written words. Have a great day !