Legal Questions for our Verified Lawyers #4

[ThinkTank]

Lawyers -- is there any legal, ethical violation for an attorney to financially support their client? To provide housing?

What if the attorney is a male, and the client is a young female?

If the client is claiming she has no money, and has filed bankruptcy -- would her attorney who is financially supporting her, be required to report this financial arrangement to the bankruptcy court/trustee?

 

[ThinkTank]

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Originally Posted by conLima [JANUARY 19, 2013]
I am curious as to when sealed documents will be released, specifically Questions from the Jury (which have an assortment of dates) and the Evaluations of Competency to Proceed (3 total). If these have already been released, where are they? Thanks so much, I rarely post but read often and appreciate all the thoughtful voices here.

Are you sure the jury questions were sealed at all? I can't think why they would have been, once the verdict was out.

Most likely it would take a motion by some media outlet to get the evaluations released.

Remember, though, that just because something is not sealed doesn't mean it is actually "released" to anyone or available for free on the Internet. You might still have to go to the court clerk's office and pay for a copy, or order one by mail or email.

~~~~~~~~~~~~~~

Question and Reply from back in January

Question and reply again in June


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AZlawyer
"You couldn't do it with a public records request--it would have to be a Motion to Intervene and Motion to Unseal. IIRC at least one media outlet already intervened, so they would be the obvious choice to file a Motion to Unseal. I think, though, that not too many people care about this case anymore, so I doubt they will do it."

 

[ThinkTank]

Lawyers -- who paid Baez' attorney fees during the case?

I know JAC was not appointed to pay for attorney fees, but what office did pay?

I remember Baez complaining that he was making so little from representing her.
Minimum payments to him.

When she was declared INDIGENT - what office was assigned payments to Baez for attorney fees?

https://docs.google.com/file/d/0B7DjeAMt_BpIdmFuVlkxZ2JaU00/edit?pli=1
JAC Expenditures for Casey Anthony case as of June 27, 2013

 

[dizzychick]

Lawyers -- is there any legal, ethical violation for an attorney to financially support their client? To provide housing?

What if the attorney is a male, and the client is a young female?

If the client is claiming she has no money, and has filed bankruptcy -- would her attorney who is financially supporting her, be required to report this financial arrangement to the bankruptcy court/trustee?

Great Question maybe there was a small bit of truth in that Enquirer article about her finding a rich benefactor LOL

 

[AZlawyer]

Lawyers -- is there any legal, ethical violation for an attorney to financially support their client? To provide housing?

What if the attorney is a male, and the client is a young female?

If the client is claiming she has no money, and has filed bankruptcy -- would her attorney who is financially supporting her, be required to report this financial arrangement to the bankruptcy court/trustee?

I don't think there would be any problem if the attorney was no longer her attorney. If the attorney was still her attorney, it might be a problem under the Florida Rules of Ethics (I'm assuming we're talking about Florida lawyers here). My understanding is that they can pay litigation-related costs for indigent clients but not living expenses.

I don't think this hypothetical attorney would have to report anything to the BK trustee, although certainly the client/bankrupt person would have to report the source of income.

Lawyers -- who paid Baez' attorney fees during the case?

I know JAC was not appointed to pay for attorney fees, but what office did pay?

I remember Baez complaining that he was making so little from representing her.
Minimum payments to him.

When she was declared INDIGENT - what office was assigned payments to Baez for attorney fees?

https://docs.google.com/file/d/0B7DjeAMt_BpIdmFuVlkxZ2JaU00/edit?pli=1
JAC Expenditures for Casey Anthony case as of June 27, 2013

Casey paid his fees, but she didn't pay much. Most of what he got was from the sale of Caylee photos to, IIRC, ABC. No government agency paid any of his fees.

 

[ThinkTank]

Lawyers -- question

In Florida, is it possible for parties to a case in bankruptcy court to ask the bankruptcy court clerk to NOT post their filings on the docket?

For instance, Texas EquuSearch has an Adversary Proceeding within the main bankruptcy case for Casey Anthony.

Nothing has appeared on the bankruptcy court DOCKET from Texas EquuSearch since July 17th.

TES had a July 23rd deadline to RE-file their Complaint in the bankruptcy court.

TES does not want "media attention" on their filings, according to a statement from Tim Miller in the Huffington Post on July 3, 2013.

Is it possible that TES got special permission from the bankruptcy court to NOT have their filings show up on the DOCKET, so the public will not see the documents?

Could the media or public go directly to the bankruptcy court clerk's office and see all the filings in the Casey Anthony case -- even if they are not shown on the DOCKET?

 

[ZsaZsa]

Think Tank - I'm obviously not an attorney but wouldn't Florida's Sunshine laws put the kibosh on that?

 

[ThinkTank]

Think Tank - I'm obviously not an attorney but wouldn't Florida's Sunshine laws put the kibosh on that?

Just trying to think of any possible scenario to explain why there is no filing on the DOCKET by Texas EquuSearch since July 17th ..... thought maybe the filing could be in the actual file in the Clerk's office .... but being withheld from the DOCKET?

 

[dizzychick]

Not a lien exactly, but yes, ZG and RK could, in that situation, take legal action to have the publisher pay any royalties to them instead of to CA. This is called a "garnishment."

What if a deal was cut in another country say like Germany? I think that Disco Vest I called him who offered the initial million bucks will in fact work a deal with her, he said he didnt care what Americans thought he would sell the story in Europe. He did say he would hook her up to a polygraph and grill her like a bad piece of fish then give the story to the US for free and make all his profits from Europe TV

 

[AZlawyer]

Lawyers -- question

In Florida, is it possible for parties to a case in bankruptcy court to ask the bankruptcy court clerk to NOT post their filings on the docket?

For instance, Texas EquuSearch has an Adversary Proceeding within the main bankruptcy case for Casey Anthony.

Nothing has appeared on the bankruptcy court DOCKET from Texas EquuSearch since July 17th.

TES had a July 23rd deadline to RE-file their Complaint in the bankruptcy court.

TES does not want "media attention" on their filings, according to a statement from Tim Miller in the Huffington Post on July 3, 2013.

Is it possible that TES got special permission from the bankruptcy court to NOT have their filings show up on the DOCKET, so the public will not see the documents?

Could the media or public go directly to the bankruptcy court clerk's office and see all the filings in the Casey Anthony case -- even if they are not shown on the DOCKET?

No, it is not possible to file something without a notation on the docket. The docket would show at the very least that something was filed under seal.

What if a deal was cut in another country say like Germany? I think that Disco Vest I called him who offered the initial million bucks will in fact work a deal with her, he said he didnt care what Americans thought he would sell the story in Europe. He did say he would hook her up to a polygraph and grill her like a bad piece of fish then give the story to the US for free and make all his profits from Europe TV

It doesn't make much difference where the deal is cut, but where the money from the deal is located. If someone is trying to collect on a judgment against Casey and the money they want has already been given to her and is in Florida, then it doesn't matter if it came from Germany. But if someone is trying to collect on a judgment against Casey and the money they want is still sitting in an account in Germany and hasn't been sent to her yet, then it will be much harder. If Germany has signed the Hague Convention on collection of judgments (and it probably has), then it would be difficult but doable. If not, it wouldn't be worth the trouble to even try.

 

[ThinkTank]

Lawyers ....

Is the info in these posts, evidence of "jury tampering"?

And if so, what office would Florida residents, or anyone, write to in order to request an investigation into possible jury tampering? Address?


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[AZlawyer]

Lawyers ....

Is the info in these posts, evidence of "jury tampering"?

And if so, what office would Florida residents, or anyone, write to in order to request an investigation into possible jury tampering? Address?


Websleuths Crime Sleuthing Community - View Single Post - Sidebar for Caylee Anthony's forum #16


Websleuths Crime Sleuthing Community - View Single Post - Sidebar for Caylee Anthony's forum #16


Websleuths Crime Sleuthing Community - View Single Post - Sidebar for Caylee Anthony's forum #16

It wouldn't be jury tampering, no. But the jurors might have had some obligation to inform the judge of the media contact, depending upon what instructions they were given. And the media that was allowed in the courtroom might have been ordered not to contact the jurors, in which case they might be in contempt of court even if there was no violation of law.

 

[Jomo]

Hello wonderful lawyers!

I was wondering if you could shed any light on the recent developments in regards to the TES settlement and how that influences the bankrupcy claim, as well as the deposition that is supposed to happen on October 9th.

Do you see a possible strategy that is playing out?

 

[ThinkTank]

AZLawyer - can you explain to us what this settlement with TES means?

And also -- Matt Morgan is reporting that Zenaida can take Casey's deposition on Oct 9th in Tampa.
How is Zenaida able to take the depo now, when the judge denied their request to take her depo in April?
And why is there no Notice of Taking Deposition filed in either bankruptcy court docket, or civil case docket in Orlando?

Case No. 2008-CA-024573-O
FERNANDEZ-GONZALEZ, ZENAIDA vs. ANTHONY, CASEY
civil case in Orlando -http://www.myorangeclerk.com

ZENAIDA NEW Adversary Proceeding Case in bankruptcy court
# 8:13-ap-00626-KRM

Main Bankruptcy case # 8:13-bk-00922-KRM

TES Adversary Proceeding # 8:13-ap-00375-KRM


Where is Casey getting money to settle with TES?
How can she qualify as "bankrupt" if she has $ 25,000 to give the Trustee to keep the rights to her story, and to pay TES something in the settlement agreement?

How can the bankruptcy court ignore that she has access to LOTS of money, and still claim that she is destitute, has no money?

from Bankruptcy thread:

Agreed Motion to Continue/Reschedule On Pretrial Conference
Filed by Peter D. Russin on behalf of Plaintiff Texas Equusearch Mounted Search and Recovery
(Entered: 09/13/2013)

https://docs.google.com/file/d/0BwEDmRAkTopSdzlyY21wZzdFRmc/edit?pli=1

May 3, 2013 – TES filed Complaint
May 14, 2013 – Court set Pre-Trial Conference for July 2, 2013 at 10:30am
June 3, 2013 – Casey filed Motion to Dismiss TES’ Complaint
July 2, 2013 – HEARING held – Court moved Hearing to Sept 17, 2013 at 2:00pm

Page 2 – “The parties have come to a consensual resolution of the Plaintiff’s claims [TES] against the Debtor [Casey Anthony], including the Plaintiff’s [TES] unsecured proof of claim number 5 filed in the Debtor’s [Casey Anthony] bankruptcy estate, and are in the process of finalizing and executing the settlement agreement. The extension requested herein will allow the parties to do so, and as such, good cause exists to grant such relief.”

Plaintiff [TES] requests the Court continue the Pretrial Conference for sixty (60) days in accordance with the Court’s availability, or to such other date as may be deemed appropriate by the Court.

“Undersigned counsel [Peter Russin for TES] has conferred with the Debtor’s counsel [David Schrader, Debra Ferwerda, and Charles Greene, for Casey Anthony] concerning the requested continuance, and the Debtor’s counsel informed undersigned counsel that the Debtor [Casey Anthony] agrees with the relief requested herein.”

 

[AZlawyer]

Hello wonderful lawyers!

I was wondering if you could shed any light on the recent developments in regards to the TES settlement and how that influences the bankrupcy claim, as well as the deposition that is supposed to happen on October 9th.

Do you see a possible strategy that is playing out?

Bankruptcy is not a claim, but rather a proceeding made up (usually) of lots of claims, sometimes requiring lots of little separate trials. So the settlement of one claim (TES) normally would just mean that the number (if any) owed to TES out of the bankruptcy estate $ (if any) would be decided, so no separate trial would be necessary on that claim.

The TES settlement would not have any effect on the deposition set in the ZFG case.

AZLawyer - can you explain to us what this settlement with TES means?

And also -- Matt Morgan is reporting that Zenaida can take Casey's deposition on Oct 9th in Tampa.
How is Zenaida able to take the depo now, when the judge denied their request to take her depo in April?
And why is there no Notice of Taking Deposition filed in either bankruptcy court docket, or civil case docket in Orlando?

Case No. 2008-CA-024573-O
FERNANDEZ-GONZALEZ, ZENAIDA vs. ANTHONY, CASEY
civil case in Orlando -http://www.myorangeclerk.com

ZENAIDA NEW Adversary Proceeding Case in bankruptcy court
# 8:13-ap-00626-KRM

Main Bankruptcy case # 8:13-bk-00922-KRM

TES Adversary Proceeding # 8:13-ap-00375-KRM


Where is Casey getting money to settle with TES?
How can she qualify as "bankrupt" if she has $ 25,000 to give the Trustee to keep the rights to her story, and to pay TES something in the settlement agreement?

How can the bankruptcy court ignore that she has access to LOTS of money, and still claim that she is destitute, has no money?

from Bankruptcy thread:

Agreed Motion to Continue/Reschedule On Pretrial Conference
Filed by Peter D. Russin on behalf of Plaintiff Texas Equusearch Mounted Search and Recovery
(Entered: 09/13/2013)

https://docs.google.com/file/d/0BwEDmRAkTopSdzlyY21wZzdFRmc/edit?pli=1

May 3, 2013 – TES filed Complaint
May 14, 2013 – Court set Pre-Trial Conference for July 2, 2013 at 10:30am
June 3, 2013 – Casey filed Motion to Dismiss TES’ Complaint
July 2, 2013 – HEARING held – Court moved Hearing to Sept 17, 2013 at 2:00pm

Page 2 – “The parties have come to a consensual resolution of the Plaintiff’s claims [TES] against the Debtor [Casey Anthony], including the Plaintiff’s [TES] unsecured proof of claim number 5 filed in the Debtor’s [Casey Anthony] bankruptcy estate, and are in the process of finalizing and executing the settlement agreement. The extension requested herein will allow the parties to do so, and as such, good cause exists to grant such relief.”

Plaintiff [TES] requests the Court continue the Pretrial Conference for sixty (60) days in accordance with the Court’s availability, or to such other date as may be deemed appropriate by the Court.

“Undersigned counsel [Peter Russin for TES] has conferred with the Debtor’s counsel [David Schrader, Debra Ferwerda, and Charles Greene, for Casey Anthony] concerning the requested continuance, and the Debtor’s counsel informed undersigned counsel that the Debtor [Casey Anthony] agrees with the relief requested herein.”

See above re: the settlement with TES. We haven't seen the settlement agreement yet, of course, so we don't know for sure that it involves money being paid. But assuming it does, I'm sure it will come from one of Casey's "supporters." Having "supporters" who are willing to pay your debts if you ask, but are not obligated to do so, doesn't change your status as bankrupt.

IIRC the BK judge only denied the request to take Casey's depo in April because there was no adversary proceeding yet pending, and there had been no ruling yet on ZFG's request to proceed with the trial in state court instead of in BK court.

ETA: The depo date was probably set by agreement. Lawyers tend to get a little lazy about filing depo notices if they've already exchanged emails/letters agreeing on the date.

 

[ohreally]

Hi! I have been reading through the Bankruptcy Rules, and boy are they confusing. I have several questions. My understanding is that if Casey takes out any type of loan before her bankruptcy is settled the loan has to be approved by the trustee. Also, all documents to the loan including who is providing the loan has to be provided to the court. Only certain emergency loans can be approved. Did I interpret this right?
1. Does Casey have to have all loans approved through the court?
2. Can a benefactor offer to pay the $25,000 and TES settlement without any consideration from Casey?
3. How can the bankruptcy court see all of this money come rolling in when she says she has no means to pay her bills and believe it?
4. Can the bankruptcy still be changed from a Chapter 7 to a Chapter 11 by the courts?
Thank you in advance.

 

[?noanswer]

Bankruptcy is not a claim, but rather a proceeding made up (usually) of lots of claims, sometimes requiring lots of little separate trials. So the settlement of one claim (TES) normally would just mean that the number (if any) owed to TES out of the bankruptcy estate $ (if any) would be decided, so no separate trial would be necessary on that claim.

The TES settlement would not have any effect on the deposition set in the ZFG case.



See above re: the settlement with TES. We haven't seen the settlement agreement yet, of course, so we don't know for sure that it involves money being paid. But assuming it does, I'm sure it will come from one of Casey's "supporters." Having "supporters" who are willing to pay your debts if you ask, but are not obligated to do so, doesn't change your status as bankrupt.

IIRC the BK judge only denied the request to take Casey's depo in April because there was no adversary proceeding yet pending, and there had been no ruling yet on ZFG's request to proceed with the trial in state court instead of in BK court.

ETA: The depo date was probably set by agreement. Lawyers tend to get a little lazy about filing depo notices if they've already exchanged emails/letters agreeing on the date.

BBM

Would any amount a "supporter" pay be considered a gift to CA? If so, would there be a gift tax?

JMO

 

[?noanswer]

BBM

Would any amount a "supporter" pay be considered a gift to CA? If so, would there be a gift tax?

JMO

Quoting myself. After thinking about my question, I realize the receiver of the gift would not have to pay a tax and the receiver could give up to the lifetime limit of $1,000,000 before paying any gift tax.

JMO

 

[gramcracker]

Quoting myself. After thinking about my question, I realize the receiver of the gift would not have to pay a tax and the receiver could give up to the lifetime limit of $1,000,000 before paying any gift tax.

JMO

replying in bankruptcy thread

 

[AZlawyer]

Hi! I have been reading through the Bankruptcy Rules, and boy are they confusing. I have several questions. My understanding is that if Casey takes out any type of loan before her bankruptcy is settled the loan has to be approved by the trustee. Also, all documents to the loan including who is providing the loan has to be provided to the court. Only certain emergency loans can be approved. Did I interpret this right?
1. Does Casey have to have all loans approved through the court?
2. Can a benefactor offer to pay the $25,000 and TES settlement without any consideration from Casey?
3. How can the bankruptcy court see all of this money come rolling in when she says she has no means to pay her bills and believe it?
4. Can the bankruptcy still be changed from a Chapter 7 to a Chapter 11 by the courts?
Thank you in advance.

Yes, in this type of bankruptcy loans should be rare and approved by the Trustee. I very much doubt Casey is taking any loans. This is probably a gift from one of her many gullible "supporters." Just because people are willing to give you gifts if you ask nicely and bat your eyes doesn't mean you're not bankrupt, though. IMO this will not be changed to a Chapter 11 because she does not have any money or income that she's demonstrably ENTITLED to--just money that people feel like giving her for now.