"Take a Deep Breath. Tell Me What the Issue Is."

It seems premature to write too much about the Lewis Tein state court hearing as it is still ongoing and Calli has yet to present his case, but here's what has been reported so far:

Jay Weaver reports on Mike Tein's testimony:

At Tuesday’s hearing, the judge asked Tein how he could “account” for his former clients’ testimony the day before that they didn’t “remember any of those conversations” about legal bills with him.

“I was sad to hear that,” Tein told the judge, then suggested that his former clients were under pressure from the Miccosukee Tribe because of the high stakes of the litigation.

Tein also testified that after Billie testified Monday, she hugged him and told him that she loved him and she was sorry. Tein also said that he told her that he loved her.

“I forgive her for what she did’’ Monday. Tein testified. “I don’t think she was herself.”

 Meanwhile, the DBR picked up a slightly different angle, but the story is inexplicably not online.

Finally, here's an anecdote from LKLSG(!) managing partner Jeff Schneiner about how he helped an associate manage stress:

Case in point: Lawyer Jeff Schneider, managing partner of Levine Kellogg Lehman Schneider & Grossman in Miami, was clacking away on the keyboard one day when an associate walked in. “I’m dying,” the young lawyer declared. “Deadlines are piling up on me.”

Read more here: http://www.miamiherald.com/2013/04/16/3347863/overwhelmed-at-work-be-smart-when.html#storylink=cpy

“Take a deep breath,” Schneider replied, “Tell me what the issue is.”

The associate explained that two cases had exploded at the same time and work was piling up. Schneider suggested bringing in another lawyer for support.

It’s a familiar scenario, Schneider said.

Most bosses prefer that conversation, he said to the alternatives — missed deadlines, mistakes or health issues. In the past, he has worked in environments where people fear speaking up or asking for help. “Usually, they lose it and quit.”

Nice job Jeff, especially the "deep breath" line -- Scott Rogers' mindfulness training is starting to make a difference!

Read more here: http://www.miamiherald.com/2013/04/16/3347863_p2/overwhelmed-at-work-be-smart-when.html#storylink=cpy

Read more here: http://www.miamiherald.com/2013/04/16/3347079/miccosukee-tribe-member-testifies.html#storylink=misearch#storylink=cpy

Happy Monday -- It's Tax Day!

Hi everyone -- hopefully you already filed your extension?

In other news, Lewis Tein sanctions hearing today:

On Friday, Lewis and Tein said in a court filing that their firm “is sincerely sorry’’ for misunderstanding an earlier order from the judge, and wrote that his “concern with the ‘source of funds’ to pay their fees never registered’’ with them.

“Through all the difficulties associated with this hotly contested matter … Lewis Tein did not make a false statement to the court, and did not violate their obligation of candor to the court,” the law partners’ attorney, Paul Calli, wrote in the filing.

Finally, here's a deeply affecting story from an FIU journalism professor that really makes clear what people are going through in these economic hard times.

And how was your weekend?

 more here: http://www.miamiherald.com/2013/04/14/3343974/prominent-miami-lawyers-face-perjury.html#storylink=cpy

"That's Quadruple Hearsay Squared by Infinity!"

That's the gist of attorney Bob Burlington's defense of wealthy insurance magnate Nicolas Estrella in his suit against the insurer of his allegedly stolen yacht:

The whodunit case of Nicolas Estrella’s sunken yacht has dramatically changed course, as a witness now claims he was told that the Key Biscayne tycoon steered a plot to sink his vessel off the Bahamas to collect the insurance money.

The sworn statement from witness Eric MacKenzie is the first apparent link implicating Estrella in the alleged plot. Estrella strongly denies the allegation, which his attorney called “double and triple hearsay.” 

Well, let's see -- it's definitely hearsay in that it was a statement made by another to the affiant.

But double or triple?  I'm not so sure.

Hey, I know a retired Magistrate Judge who has a lot of experience in these kinds of cases -- let's ask him to help out with some evidentiary rulings!

I mean seriously, what could go wrong?

SIMPLY......AMAZING!

(You can read more about Estrella's impeachment material on this witness here.)
 
Bonus Letter of the Day:

Steve Lippman asked Harris Solomon to write a letter to Judge Cohn.

Harris complied.

Read more here: http://www.miamiherald.com/2012/09/05/2986494/witness-in-nicolas-estrellas-sunken.html#storylink=cpy

How Not To Find Clients.

Jay Weaver reports on the latest alleged hospital records-purchasing scheme:

Maria Victoria Suarez was added to an indictment that charges her and husband Ruben E. Rodriguez with paying a JMH ultrasound technician $1,000 a month for the hospital records of hundreds of patients treated for slip-and-fall accidents, car crash injuries, gunshot wounds and stabbings, federal authorities said.

The technician, Rebecca Garcia, a 22-year JMH veteran, has been fired and pleaded guilty in the conspiracy case.

The Rodriguezes brokered the stolen records of patients' names, addresses, telephone numbers and medical diagnoses to the lawyer over a two-year period, according to the indictment. The lawyer, not identified in court papers, used the information ``to improperly solicit JMH patients with hopes of representing them in future legal proceedings.''

Oy.

How crudely unimaginative! This scheme really lacks sophistication, nuance and -- most importantly -- plausible deniability.

So anyways, who's the lucky lawyer?