Word has reached us this Friday morning that Jim Best, DUI lawyer extraordinaire, former PD, outdoorsman, and all around nice guy, passed away last night from a recently diagnosed brain tumor. (photo courtesy of Jason Grey)
Jim was one of those guys who was down to earth, loved a good joke, and fought hard for his clients. In the realm of DUI, no one fought harder. In the 1990's Jim rode the wave of specialized law firms and became one of the top DUI lawyers in Florida. In recent years we would see Jim every now and then, and he would regale us with tales of semi-retirement: with bass fishing with his son in the morning before doing a little work in the afternoon.
Sometimes the message gets lost in the daily hustle, but remember, life is about the small special moments.
Enjoy the upcoming weekend. Pop a cold one or a few in memory of Jim. He would like that.
See you in court.
74 comments:
Jim was my law partner for the past 6 years and I am honored to have worked so closely with him and learn so much. He will be greatly missed. A memorial will be held at one of Jim's South Miami haunts. Information will be posted on the blog and around REG.
The Captain Reports:
Wow. Shocking news. I believe he was only 62 years young. So very sad. Jim was one of the Best at what he did. As you alluded to, Jim rode that early wave when Richard Essen turned the defense of a DUI case into a full-time legal practice.
Jim was always a jolly and friendly and smiling face at the MJB/GJB.
He will be missed. My prayers are with his family.
Cap Out ....
I practiced with him briefly. He was a great guy. A true Miami character. He will be missed
Life can be sad. Got to enjoy it while we can. RIP
He tried lots of cases and hundreds of motions before me. Won more than his share.
WOW! I am shocked and sorry to hear of Jim's passing. Back in the day, I (and the prosecutors I supervised) litigated hundreds of case with him over the years. Jim was a great attorney and, more importantly, a great guy. He was always professional and defended his clients with integrity. He never took anything personally and I was proud to call him friend.
Rest in peace.
Stephen Talpins
that sucks
What a shock. Jim was a great guy and great lawyer and could also play a very mean game of pool.
CK
I am so sorry to hear this sad news. Jim was my 1st supervisor at the pod in the 80s. We became good friends and would often fish together . Great guy, loved to battle for his clients. Rest in peace big guy! Jason Grey
Sorry to hear of his passing... he was a great guy..
Jim and I worked together at Essen and Essen in the late 80s-early 90's. Those were great days at E&E..Rene Palomino was there, Joe Fernandez, Mike Roffino, Carlos Canet, Mike Cohen, Pat Nally...
We shared work and friendship, and more than our share of happy hours.
Rest well, friend.
Jim was a friend of mine for a long time and I never heard him say a negative thing about anyone.
This is sad news.
Good guy. Will be missed.
Mike C
That was a very classy comment from Stephen Talpins. Our respect for each other as litigators and advocates who have a job to do should always transcend the positions we hold and the views we advocate.
Jim was THE BEST. A great Lawyer, a class guy. Always easy, ever tempered even when extremely serious or furious with a Judge over some stupid, illegal thing the Judge just did to a cllient.
A Hell of a Lawyer but even a better Human Being.
Hopefully He and St. Peter have a fishing pole in one hand and a brew in the other.
David
Well said DS, well said.
Cap
Berdie Soto is your new Chief Judge.
In honor of Jimbo, lets call the shumie ( his former btw) and hit a few cold sixers and a few shots and down some stone crabs and fried shrimp
Shumie was his former law partner. They employed Brian Tannebaum. Powerhouse law firm.
Jim had balls. He represented Rick Sanchez when he was involved in a DUI hit and run after a Dolphins game. Jim knew he would win at trial and withdrew when Sanchez wanted to plead out. That's the integrity of a true trial lawyer! RIP. DT
When I was a prosecutor in 1987, I battled with Jim all the time in county court. He was an experienced attorney and I was a young, dumb and arrogant ASA. With myself and the other naive ASA's, he never took the position that he was above us...although he clearly was. He never had a negative thing to say to any of his adverseries... although sometimes it warranted it. He simply argued the law and never made it personal. Jim was the consumate professional.
When he went into private practice, he was as gracious as could be in sharing his very valuable experience, knowledge and opinions. He trained all the PDs about DUI in the 80's, mentored many other attorneys and was on the vanguard of the DUI specialist that emerged in that era. It's a bit unfair to compare him to some of the other DUI specialists since most of them were limited to a motion practice, Jim tried cases.
He was a major contributer to the Miami criminal justice system and I hope he gets his props.
We lost a great, ultra classy lawyer. Although he was not a tribal member, he embodied the concept of a "mensch". "BEST", what a perfect moniker for that man
Berty is good people and a great judge. CONGRATS to her!!
I'm pretty sure Jim wasn't part of the Rick Sanchez case, though he might have been at the Essen firm then.
Neverthelsss a great guy.
RIP.
Zealous advocate, very talented lawyer and great guy. I don't know if I every saw a lawyer fight as hard as he did for his clients, but he did so in a professional way. Great guy too. RIP.
Great guy. Kind person. Great lawyer. No arrogance, no pretense. Rest in Peace.
Guys
It's Bertila or Berdy. And she is gonna be AWESOME!
The guy taught us every trick in the book in the pds office::
The double dutch discovery switch, ready on two'fer Tuesday, expert extrapolation, speedy trial by a mile, the lead switch and the variant- the Canadian lead switch, the trip up on cross, the depo doomsday scenario, the rule to show cause ruse, and my personal favorite- judge v judge.
Great guy, great lawyer.
Bertilla Soto is no Sonya Sotomeyer and she is very indifferent towards a particular ethnic group, this is a farce and some cruel maneuver, or hap hazard chance. She is pretentiously facetious and snark, If she last longer than 3 years it will be soley due to her hispanic name. The fox is truly guarding the hen house. She is a prosecutor from the bench. What would you expect in this pirate bootleg Havana. I'm not surprised.Speaking of prosc. while I'm at it doesn't KFR resemble "Viola Swamp".
Anywho, Bertilla Soto stinks as a Judge, what the hell was Bernstein thinking, this town has officially been handed to these people with a ribbon on it.
A.M., I mean 1:15am, your hate and ignorance is showing.
1:15am, Soto is fucking great. Fair trials, treats you and your client with respect. Respects the role of the defense attorney and will go to bat for you if need be. Trust me, I know. She did it for me.
My first breakdown to a RD was given to Jim Best after he "bested" me at a hearing on a motion to suppress some statement.
Classy and friendly.
FJG
HEAVEN : CURRENT DAY.
VOICE: NEXT....BEST, JAMES
ST PETER: Have a seat
JIM BEST: Boy am I glad to see you.
SP: Old joke. Heard it a million times. You just got in, don't push it.
JB Sorry.
SP (Shuffling papers) Hmmm...ok...aha...lets see. All right. You're a provisional. Very common. You have to do some work for..ah...hm...the next 12,255 years. 11 hours a week. Not too much.
JB. No problem. But when you say I just made it, does that mean (points downward)...?
SP. Oh blessed no. More like ..did you ever see Albert Brooks Defending Your Life? Very similar. We just send you back to earth for another go around until you get it right. As punishment, you go back as a different person.
JB: Wow. Who would I be?
SP: Hmmm...it was a choice. Anna Pando, Ana Gardiner, Mao's wife, Ed McMahon, or Sheldon Goldschmift- a deli owner in East Lansing Michigan.
JB. Glad I made it.
SP. Ok. we have three dinner seatings, because of the crowds. And you'll notice on the corners a water fountain and a beer tap, which you might like.
JB. Great. And Starbucks too?
SP. Nope. Have you seen their logo? (Points downward) Chains that successful don't get that way without a deal with you know who.
JB. Oh...must sell a lot of iced coffee though. Hey, what put me over the top? Got me in?
SP. You tell me.
JB. Hmm...was it...hiring Brian Tannebaum?
SP. (Laughing until he cries) Oh my. That's a good one. Going to have to tell Paul that one. No. That was not it.
JB. Shumie as a partner?
SP. Trying I would agree. But no...
1:15 a.m.
Your post is nothing more than blatant racism. I wonder what ethnicity or nationality you claim. I bet whatever it is, you would scream racism if someone said something like that about your group.
You clearly do not know Judge Soto at all. If you did, you would never say the things that you did. Her qualifications have nothing to do with whether she is Cuban, Jewish, Black, White, or Green. It has everything to do with the fact that she carries herself with distinction, takes the high road even when others attack her unfairly, is fair to all even when it may not be deserved, is very knowledgable, respected, and for a thousand other reasons. I know she would never defend herself, but a lot of us are happy to do it for her.
We should all be ashamed that someone like you works among us. You should have the courage to take credit for your views if they are that strong and you believe what you are saying. You won't though because you are a coward and an unhappy, jealous person who prefers to hide. I hope you gain some peace in your life that will allow you to become a better human being someday. But I won't hold my breath............
Signed,
One of Judge Soto's many pit lawyers...........
Today the great one has taken a shot at facebook, Sean Hannity, David Gregory, and Pre-Law News Daily. It's been a slow weekend for the great one.
Jim was the Best.
He WAS SAnchez's attorney and did pass it on when Sanchez wanted to plea .
Jim was a good gambler also. We went head to head at Frankies once. I beat him on the river for for the title. Jim was a young at heart untilthe day he died.
1:15 does not work among us, he's a wannabe
7:50,
Buddy you will never get it the reality for you and I are different. It is what it is I did not make it that way.
8:50,
A broken clock is right twice a day and 1,460 times a year.
10:37
Seeing how that you have drank the Soto kool-aid and have proclaimed your self as one of your self as "One Judge Soto's many pit lawyers", that speaks for it self. I have found inner peace and I am not afraid to speak the truth. Read the Theory of Justice maybe that will help you see the light. Btw, "yeah man real cowards post anonymously". Read your own post imbecile.
7:32,
Your very special you can be on of 3 people:
1)The guy who needs to see a dermatologist very badly.
2). Mr. Unscrupulous asa.
3). The second to the worst attorney in this building who constantly wears wrinkled up suits everyday and needs a dry cleaner. I don't know why you even became an attorney you are lazy and incompetent I will be more than you ever will be, as God is in heaven I love the law and care about all people not just one particular group as you do.
If you must know a highly distinguished member of this judiciary concurs with that opinion.
DS
Perhaps a better choice of words would have been to say that she was called a spic not that she was a spic. You flap at the mouth with the best of them.
Was her dad the head crouton of SALAD?
Jim was my training attorney at the PD's Office in 1991. I could not have had a better person being my mentor. He was intelligent and trained us on the many defenses to a DUI case. He taught us what it meant to litigate, to file your motions, to be prepared, to announce ready, and to try your case. And when was the time when the verdict was not what we would have liked to learn from it and get ready for the next trial. He understood what it was to be a trial lawyer. To play your cards to the last deal. He observed my first jury trial and coached me through it. We were fortunate to have Jim train us. Thank you Jim! God Bless you.
DS,
you really don't need to comment on everything. You must be lonely lonely man. Soto is not just OK. She is one of the best in the circuit. Plain and simple. If you don't know anything about her as a judge, then don't comment at all.
DS,
I have known you for 15 years and I am surprised and disappointed at your post about judge soto. While you appear to pseudo defend her against what 1:15 said, it was not appropriate for you to use the derogatory term you did when referring to the discrimination she faced as a child in the mid-west. Even if you did so facetiously. You said that the people who practiced in front of her thought she was an "OK" judge and that you "THINK" she is a good person. Well, I practiced before her many times over many years and I have countless friends who did so as well - some with me and some as my opposing counsel. She is not an "OK" judge, she is an exceptional judge. Probably the best I have ever been before in 15 years, in the 2 states where I have litigated. I can also tell you that she stood up for us when we needed it - the defense attorneys, the prosecutors, and the citizens who appeared in her court - accused and victim alike. Practicing in her division has made me a better lawyer.
Thinking a little bit more about Jim. When he was my training attorney I went to him with more than one case like the following: Me: "Jim, I have a case, DUI. fleeing, reckless, accident, 4 empties and a bottle of Jack in the back floor, horrible roadsides, statements, and of course a reading way over." Jim: "Is that all they have? You ready? When do speedies expire?" I'd smile, so would he, then he'd help me dissect the case, work on the motions, the cross, can't do roadsides after an accident, right, the machine, and yes, always check to see if that bottle of Jack had been opened yet.
Later, when Jim was private, I'd see him in court in the mornings but also in the afternoons on the benches outside the courtrooms. That's where you'd find the folks who are trying case, in the courthouse, during the afternoon, in the hallways talking to their clients or sitting on the benches waiting for their trial. Jim would ask me what I had, if I was ahead of him, where was my case going, always the strategist for his case, but he would offer me suggestions on my case as well. Jim was like the good platoon Sargent that every private needs. Someone who knows what its like to battle and will battle along side you. Again, RIP Jim.
When Scott Saul says: "I was a young, dumb and arrogant ASA...," I couldn't agree with him more, he was. The only difference is that now is old, dumb and even more arrogant. And when Mr. Saul says: "Although he was not a tribal member, he embodied the concept of a "mensch". What is it with Mr. Saul and his repeated weird references to Judaism. Over the years, he attacks some Jews for being too jewish and then suggests that you need to be a Jew to be a Mensch. Perhaps Mr. Saul is a self-hating Jew. Jim Best was indeed a mensch and a warrior for justice, so sorry to see you go; wasn't it only a couple of days ago you were in the building, healthy and smiling?
DS & Rumpole:
Dudes! If DS's post said "Bagley was taunted for being a N----- when he was a child," Carlos would fire DS this morning. What if DS wrote: "Bernstein was taunted as a child for being a F------"? Judge Soto was NOT taunted for being a "spic," she was taunted with an ethnic slur for not being a WASP in the mid-West.
DS, a learning disability is a reason for poor typing and spelling skills; it is NOT an excuse for thinly veiled ethnic slurs.
I was quite saddened to learn about Jim's illness and his recent passing. Initially as my professional opponent, and later as my boss and then law partner, Jim and I spent quite a lot of time together. Jim was a great teacher, mentor, business partner and friend. I loved every minute I spent in court with Jim. But the truth is that we had even more fun enjoying lunches together, especially at Garcia's on the Miami River or at Houston's in Coral Gables. Jim knew how to enjoy life. And there was simply not a better place to be than out on a boat with Jim, like the time he took me (for my birthday) out with a guide from Chokaloskee to go snook fishing and we caught our limits within the first 2 hours. He was never happier than with a fishing pole in his hand. I have many fond memories of my time with Jim.
Although Jim was indeed a fantastic DUI defense lawyer, more than anything, he was simply a wise and skilled trial lawyer. The lessons he taught me as a trial lawyer did not merely apply to DUI practice. Although the lessons were far too many to recite all of them here, two in particular stand out. First, pay attention to procedure as a strategic tool to put your client in a better position in the case (e.g., push for as much discovery as you can convince the court to allow and DO NOT WAIVE Speedy Trial). A defense lawyer's duty to provide zealous representation to his client was not merely lip service to Jim. That meant that if you had the opportunity to win a case on procedural grounds, you had a duty to pursue that avenue. And we did that successfully on any number of occasions (much to the chagrin of some of my former colleagues and opponents).
Second, and perhaps most important, Jim taught me the hardest lesson that any young trial lawyer must eventually learn to be successful-- knowing when to keep your mouth shut in court. Often saying nothing to the prosecutor or the court is far more effective than spouting off with righteous indignation. This lesson has paid dividends time and time again. In my current practice as a partner at a big Philadelphia law firm where I handle white collar investigations and defense, primarily in federal court, and complex civil litigation, I still regularly apply the professional lessons that Jim taught me during our time together.
I am a much better lawyer and human being as a direct result of the time I spent with Jim. Although I will miss him, I will think about him and our time together often, with fondness. And I am confident that I am one of many who will.
If there is a memorial service for Jim, I would appreciate it if one of you would print out my comments and read them for the attendees, because, unfortunately, I will be unable to attend. But I want as many people as possible to hear my eulogy for him. Thank you.
-Marc Weinstein
When the parking lot situation got hot because the cops were hogging all the spaces we pay monthly for judge soto stepped in to help. I saw judge soto personally spend a morning standing in lot 26 observing and talking to patrons . That's how you do it! She is smart and patient and always pleasant to deal with , she will be a grea chief. Jason Grey
Miami has the Dolphins, the greatest football team...
(sigh)
In one short week Judge Soto solved the Miami parking crisis, submitted a plan to balance the budget without raising taxes or cutting social programs, helped Au Bon Pain get re-licensed, translated War and Peace from Russian into Spanish, and wrote a renowned scientific paper on reversing global warming in a decade!!!
Whenever Jim appeared in my Courtroom, I knew the Defendant was going to get one hell of a defense. Not only was he a great lawyer, but he was an even better person. RIP Jim.
Other than being a glorified parking attendant, please name ONE thing soto has done for our community. Just one. a shame that's the best we can do for a chief judge.
Mark
I'm sure Jim did not teach you shameless self-promotion. This comes natural to you, clearly.
Ok lets EDIT MY POST.
First before the post:
Sorry to those who were offended, I only channeled the words from her taunters...
Damn,Take a chill pill.
Now adays Mark Twain is be condemned and movies that revieled the US tortured people to get info would be condemned just by the way they express themselves.
To Be clear I was not calling Bertie a racial slur , only trying to show what SHE went through in childhood, to negate any perception of racial bias by her.
By the way, That slur could be also aimed at My kids, whose Mom is Dominican.
This redacted purified post should be read as below:
I have known Berti Soto for 20 years, litigated against her when she was an ASA. I have really not been in front of her as a Judge, so from personel expepereince can not say whar kind of Judge she maybe, But I know lawyers who were assigned her court and felt she was an a Fair Judge.
It IS MY OPINION THAT she is a good person and senistive to to discrimination. She was taunted in the Mid-West and called derogative names for a person of spanish heritage, after her family fled Cuba. Her Dad started SALAD, the Spanish American League against Discrimination.
Besides now she will be in Civil and most of her work administrative, so 1:15 AM what's the beef.
Guys guys. Its Sunday. A blog post about our friend who died too young. All this nastiness and name calling? Get a glass of wine. A shumie cigar. Some popcorn. Watch the game. Chill.
Now I think AM is ghost writing sisselmans posts
DS = dislikes spics
Of all the lawyers who appeared before me during my time in DUI's Jim Best was the most honest, straightforward with a clear understanding of everybody's role in the room. He fought for his clients, but never got caught up in their mishagosh. He never lied, manipulated or misled me. He had all the credibility and none of the bavado most attorneys feel the need to present.
God bless you Jim. Peace be with you.
Just a quick preview of what to expect from the great one next week in his tweets: A few rants (natch) against social media and lawyers who advertise on it; the continuation of several twitter wars with attorneys who promote social media as the way to success (versus hard fought experience); one or two snarky comments and several surprises which should always keep you tuning in.
7:51
Tu escriba es No la Verdad. Mucho respecto para la Gente Latino con migo. Mi Ninas eres Dominicanas.
DS
She was represented by Miami attorney Roy Black.
A 79-year-old Palm Beach woman made tax evasion history Tuesday when she admitted to failing to tell the Internal Revenue Service about a whopping $43 million she had stashed in foreign accounts.
The amount is believed to be one of the largest individual tax evasion cases since the U.S. in 2008 began a crackdown on those who use foreign tax havens to hide assets from the government.
Mary Estelle Curran, who inherited the money from her late husband Mortimer when he died in 2000, faces a maximum six years in prison when she is sentenced March 29. As part of a plea deal, Curran agreed to pay a $21 million penalty for failing to tell the IRS about the accounts she had at UBS AG in Switzerland and a bank in Liechtenstein, federal prosecutors said. Her failure to report
Roy, my hero. Probably charged the old dame 5 million for the plea. Roy's a trial hero, all right.
DS obviously is not as careful as he probably should be to racial/ethnic sensitivities, but there is not a racist bone in his body. Anyone who knows him could attest to that.
Say what you like, but the man has devoted his life to public service and deserves better than some of you are giving him.
BTDT
PS----the ridiculous over the top and personal attacks are precisely why so many of us post anonymously.
BTDT
Thank you, and how true about being anonymous , it makes it easier to attack from the shadows esspecially those follish enough to out there identity out there
D
12:02......do you know anything at all about the case? Do you know how much evidence the government had and what this woman was facing? Say what you want, but Roy Black ain't gun shy. He's tried plenty of media cases and done a damn fine job. There's a reason he commands those insane fees.......and you don't.
BTDT
R2D2 - since you asked, I am sure Horace will allow my reply:
Do I know anything about the case?
Yeah...I know Roy PLEAD an 80 year old woman who INHERITED the money, did NOT park it off shore herself, relied on the tax advise of professionals to advise her, did not have a linked credit card, sdid not pend the money in excessive fashion or move it around at all to numbered acounts in other tax havens. Sound defensible tough Guy? Capiche?
Oh yeah - did I mention Roy PLEAD an 80 year old woman? Who probably paid him millions? Come on bro - really. Ask someone who paid a million to get in the door over there and then got dumped on that DUI lawyer or Schrenick.
As for your statment about Roy "commanding" those fees - some might say its ego, greed or a wife who likes to spend. I wouldnt say that. But "commanding" those fees got Ben K. indicted.
Roy pleads a lot of cases. There are a lot of lawyers in this town who try more case, and who try more difficult cases. If the measure of your success and satisfaction is the fees you command, have at it (shit I sound like Tannebaum now.)
358...........get over your bitterness. Your post bashing Weinstein is ridiculous. You really think he's going to pick up a client in Philly writing on a Miami blog for criminal lawyers?
Regardless, what the hell is wrong with you? Weinstein just lost a mentor and a friend. Try showing the guy a little compassion.
BTDT
RIP Jimbo Best.
Best of the Best.
DS doesn't deserve any flack. Could choose words more carefully, but no bad intent there. He is a good guy.
7:16..........yeah, I'm convinced. You're obviously intimately familiar with the facts. LOL.
BTDT
Scott you're still arrogant AND with an unfounded sense of superiority. That goes for your secretary too. I'm just sayin'...
I wanted to be Jim for just one day. The day he represented Pit Bull and beat Closius in the same case. IF thats not a rock star lawyer for you I dont know who is. A local legend. Pitbull doesn't go out and hire just anyone. Jim had a great reputation as a trial lawyer. Never saw him in battle but i can only imagine. RIP compadre. Y que sigue la fiesta.
http://youtu.be/EPo5wWmKEaI
Arnie T
Id rather lose a trial then win a plea.
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