2009.05.07 - new motion by State to Determine Counsel

[Chezhire]

hi chezhire...was just curious..or rather nosey..lol but.....if your retainer states you can bring on co counsel without clients consent?, who pays for the co counsel...was just wondering how that operates...hope u dont mind...btw..i enjoy your posts.....:clap:

My retainer agreements specifically state that any co-counsel that I bring in are to be paid from my fee and are not the client's responsibility.

 

[Chezhire]

LKB is a DP qualified attorney and since all they're doing in a deposition is asking questions, all she has to do is write them out and he can read them off. I think even Jose can handle that much.

Without commenting upon LKB's status as DP qualified/not DP qualified in FL, I will say that there's a lot more to taking/defending an effective deposition than writing out questions beforehand. That's the starting point, to be sure, but many times answers lead (or should lead :doh to additional followup questions, etc., that spiral into other areas entirely.

 

[Chezhire]

She is discussed here in depth and her credentials were laid out. Other than her not being licensed to practice in FL, I can't imagine why she's not being used. She's warm and fuzzy and has a wealth of knowledge she's more than happy to share with everyone not as educated as she.

I have read every post in that thread through today's date and not anywhere do I see a detailed discussion on the requirements per the Florida Rule of Criminal Procedure 3.112(f), re: qualifications for attorneys to handle DP cases, although I'd sure like to see someone knock it all out section by section with links to supporting information.

Here's a recap of the relevant portions of FL Code Crim P art 3.112:

"... (f) Lead Counsel. Lead trial counsel assignments should be given to attorneys who:

(1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and

(2) are experienced and active trial practitioners with at least five years of litigation experience in the field of criminal law; and

(3) have prior experience as lead counsel in no fewer than nine state or federal jury trials of serious and complex cases which were tried to completion, as well as prior experience as lead defense counsel or cocounsel in at least two state or federal cases tried to completion in which the death penalty was sought. In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder; or alternatively, of the nine jury trials, at least one was a murder trial and an additional five were felony jury trials; and

(4) are familiar with the practice and procedure of the criminal courts of the jurisdiction; and

(5) are familiar with and experienced in the utilization of expert witnesses and evidence, including but not limited to psychiatric and forensic evidence; and

(6) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases, including but not limited to the investigation and presentation of evidence in mitigation of the death penalty; and

(7) have attended within the last two years a continuing legal education program of at least twelve hours' duration devoted specifically to the defense of capital cases.

..." For those with Westlaw access, click here: http://web2.westlaw.com/find/defaul...&RLT=CLID_FQRLT57762264213145&TF=756&TC=1&n=1

In my opinion, if she considered herself to be DP qualified in Florida, LKB would've filed the requisite certification with the court, which she hasn't done to date.

ETA: Her not doing so in a timely fashion, even if she does consider herself to be DP qualified in Florida, might kinda fly in the face of requirement (4) above, since she hasn't filed said Notice of Appearance citing said qualifications immediately as required by another subsection of the same rule, FL Code of Crim P art 3.112(i).

 

[TotallyObsessed]

I have read every post in that thread through today's date and not anywhere do I see a detailed discussion on the requirements per the Florida Rule of Criminal Procedure 3.112(f), re: qualifications for attorneys to handle DP cases, although I'd sure like to see someone knock it all out section by section with links to supporting information.

In my opinion, if she considered herself to be DP qualified, LKB would've filed the requisite certification with the court, which she hasn't done to date.

:clap:
Exactly and there would be no need for the upcoming hearing. The matter would be moot.

 

[Chezhire]

:clap:
Exactly and there would be no need for the upcoming hearing. The matter would be moot.

Yeppers. Even if she's not the "plan" for the actual trial, JBaez & crew would've filed the requisite Notice of Appearance setting forth her qualifications just to appease everyone at this point in time.

 

[DEPUTYDAWG]

I'm waiting for the "rollout" of the DP qualified atty to be a controversial lawyer, maybe one we've seen in a high profile case before? Otherwise, why hide this person in the shadows, their reasoning they're afraid the atty will be criticized?

:furious: It boggles my mind that (the controversy of the DP atty) would be their greatest concern right now. That, or :furious: that they're STILL playing this out to create unnecessary drama. It should be cut and dry - notice the Court and move on to setting up KC's defense.

 

[amethyst221]

I have read every post in that thread through today's date and not anywhere do I see a detailed discussion on the requirements per the Florida Rule of Criminal Procedure 3.112(f), re: qualifications for attorneys to handle DP cases, although I'd sure like to see someone knock it all out section by section with links to supporting information.

Here's a recap of the relevant portions of FL Code Crim P art 3.112:

"... (f) Lead Counsel. Lead trial counsel assignments should be given to attorneys who:

(1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and

(2) are experienced and active trial practitioners with at least five years of litigation experience in the field of criminal law; and

(3) have prior experience as lead counsel in no fewer than nine state or federal jury trials of serious and complex cases which were tried to completion, as well as prior experience as lead defense counsel or cocounsel in at least two state or federal cases tried to completion in which the death penalty was sought. In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder; or alternatively, of the nine jury trials, at least one was a murder trial and an additional five were felony jury trials; and

(4) are familiar with the practice and procedure of the criminal courts of the jurisdiction; and

(5) are familiar with and experienced in the utilization of expert witnesses and evidence, including but not limited to psychiatric and forensic evidence; and

(6) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases, including but not limited to the investigation and presentation of evidence in mitigation of the death penalty; and

(7) have attended within the last two years a continuing legal education program of at least twelve hours' duration devoted specifically to the defense of capital cases.

..." For those with Westlaw access, click here: http://web2.westlaw.com/find/defaul...&RLT=CLID_FQRLT57762264213145&TF=756&TC=1&n=1

In my opinion, if she considered herself to be DP qualified in Florida, LKB would've filed the requisite certification with the court, which she hasn't done to date.

ETA: Her not doing so in a timely fashion, even if she does consider herself to be DP qualified in Florida, might kinda fly in the face of requirement (4) above, since she hasn't filed said Notice of Appearance citing said qualifications immediately as required by another subsection of the same rule, FL Code of Crim P art 3.112(i).

Yes, yes and yes. Exactly. As far as LKB, it isn't the fact that she's only admitted PHV. It could be only CLE, but that could easily have been remedied since she got involved in this case. And there is no reason to be refusing to comply the the rules if she is eligible. So she must not be.

 

[TotallyObsessed]

If she is practicing in Florida pro hac vice, and not admitted through the FL bar, would she still qualify?

 

[amethyst221]

If she is practicing in Florida pro hac vice, and not admitted through the FL bar, would she still qualify?

Yes, being PHV is not an impediment. See the first part of the statute re: lead counsel in the posts above.

 

[Kentjbkent]

My retainer agreements specifically state that any co-counsel that I bring in are to be paid from my fee and are not the client's responsibility.

Hi Chez! I always love reading your responses!

I found this comment interesting because I have a theory about these other attorneys who are supposively on the KC Defense Team.

What happened to:

Gabriel Adams - visited KC in jail with Baez when she was arrested (7/17)

Jonathon Kasen - Notice of Appearance

Jack Kirschenbaum - Notice of Appearance

Quick google shows they do not work for the Baez firm, but have firms of their own.

Curious as to whether or not you think Baez may have a similar retainer as yours and then paid his "colleagues" to appear with him one time to help prove to KC that she has a WHOLE TEAM of attorneys fighting for her (thanks to him)...she just doesn't realize that they have since moved on to their OWN clients????

 

[Paintr]

Hi Chez! I always love reading your responses!

I found this comment interesting because I have a theory about these other attorneys who are supposively on the KC Defense Team.

What happened to:

Gabriel Adams - visited KC in jail with Baez when she was arrested (7/17)

Jonathon Kasen - Notice of Appearance

Jack Kirschenbaum - Notice of Appearance

Quick google shows they do not work for the Baez firm, but have firms of their own.

Curious as to whether or not you think Baez may have a similar retainer as yours and then paid his "colleagues" to appear with him one time to help prove to KC that she has a WHOLE TEAM of attorneys fighting for her (thanks to him)...she just doesn't realize that they have since moved on to their OWN clients????

Wasn't Jack K the lawyer for the media during the gag order hearing?:waitasec:

 

[Marina2]

Wasn't Jack K the lawyer for the media during the gag order hearing?:waitasec:

He was. There's a thread discussing him here:
[ame="http://www.websleuths.com/forums/showthread.php?t=75157"]New attorney on file with OC clerks office - Websleuths Crime Sleuthing Community[/ame]


Gabriel Adams has always been billed as an attorney with the Baez Law Firm. I noticed that he represented Baez in traffic court, too.

Jonathan Kasen is the attorney representing KC in the civil case.

 

[LCoastMom]

He was. There's a thread discussing him here:
New attorney on file with OC clerks office - Websleuths Crime Sleuthing Community


Gabriel Adams has always been billed as an attorney with the Baez Law Firm. I noticed that he represented Baez in traffic court, too.

Jonathan Kasen is the attorney representing KC in the civil case.

G Adams is JB's atty isn't he? I thought we heard that name before in reference to him representing JB in something...

Sorry if this has been discussed. Just checking in.

 

[Searchfortruth]

I actually think that JB might be having a hard time finding a DP qualified lawyer to come on board. I can see where this would be the case. I can't see JB wanting to play second fiddle, and I can't see an experienced DP attorney wanting to go along with JB's madness. Something is going to have to give here.

How much longer will they give JB to come up with this DP atty ?

 

[songline]

I actually think that JB might be having a hard time finding a DP qualified lawyer to come on board. I can see where this would be the case. I can't see JB wanting to play second fiddle, and I can't see an experienced DP attorney wanting to go along with JB's madness. Something is going to have to give here.

How much longer will they give JB to come up with this DP atty ?

I wonder if he is trying to delay the court date.
And keep on looking for a qualified attorney that is willing to dance to his song.
OR
Does the state step in and place a qualified DP attorney in his lap?
Assuming the court date is near and his preparation time is up.

Do not be surprise if you see the Game Delay on the horizon.

 

[believe09]

Is this the magic week that the double secret dp attorney will be entering the case??

 

[zoey]

Is this the magic week that the double secret dp attorney will be entering the case??

yes..think May 28th....

 

[Gloryrebel]

Baez will either march an dp attorney into the court or if he really wanted to skip the media circus he would just file the name before the court date. For people who complain about the media they sure do use them. He just complains when they don't buy his bs...

 

[trixi491]

Didn't know where to post this but since the new DP qualified lawyer will be at the hearing Thursday I guess it's somewhat relevant. Anyways, does anyone know if they will be airing the hearing on truTV or HLN (based on past hearings)? I will be near a TV then but not a computer and hope to catch it live!

 

[Verité]

Didn't know where to post this but since the new DP qualified lawyer will be at the hearing Thursday I guess it's somewhat relevant. Anyways, does anyone know if they will be airing the hearing on truTV or HLN (based on past hearings)? I will be near a TV then but not a computer and hope to catch it live!

Begging your indulgence, but who is the "new DP qualified lawyer" you
reference in this post?

Thanx.