2010.07.15 Defense motion to protect phone call of Robin Lunceford

[beach]

IMHO that most of this motion was not written by Baez. The whiny part probably was, but the rest was written by someone who actually may know the law.

That was my very first thought when I read it - somebody loaned him a decent paralegal or maybe the male law clerk that was at one of the recent hearings drafted it. It is pretty well formatted, a spell check appears to have been done and in whole, a more concise decent motion. Still some problems with citations, but on the whole, MUCH better than his usual jargon carp he submits.

Don't get me wrong, it is still a pitiful argument and I really hated the occassional SHOUTING and the petty reference to LDB's proffer about the LE tips ready to be picked up which had absolutely nothing to do with the motion (just mud slinging on the playground ).

 

[logicalgirl]

That was my very first thought when I read it - somebody loaned him a decent paralegal or maybe the male law clerk that was at one of the recent hearings drafted it. It is pretty well formatted, a spell check appears to have been done and in whole, a more concise decent motion. Still some problems with citations, but on the whole, MUCH better than his usual jargon carp he submits.

Don't get me wrong, it is still a pitiful argument and I really hated the occassional SHOUTING and the petty reference to LDB's proffer about the LE tips ready to be picked up which had absolutely nothing to do with the motion (just mud slinging on the playground ).

Yes, I overlooked the usual rubbish and Wah wah wah he does, but my sense after the first page was WTH - people have very unique writing style, and his is very very "unique". You could be right, maybe the paralegal, or the law clerk- I was just shocked he was passing it off as his own.

Could have been one of his staff I guess reading over his shoulder, and said - gimme that you damned fool!

Okay I'm calmer now - breathe! inside voice please LG....

 

[beach]

Yes, I overlooked the usual rubbish and Wah wah wah he does, but my sense after the first page was WTH - people have very unique writing style, and his is very very "unique". You could be right, maybe the paralegal, or the law clerk- I was just shocked he was passing it off as his own.

Could have been one of his staff I guess reading over his shoulder, and said - gimme that you damned fool!

Okay I'm calmer now - breathe! inside voice please LG....

Everybody works differently. I've worked with attorneys who preferred to draft every bit of their own litigation - which is what I think Baez was doing at the beginning. His pleadings have been so heavily criticized though, that something has changed. I am a litigation paralegal and pretty much draft all motions, discovery, requests for admissions, answers, etc... I submit the rough draft to my boss and he edits as he sees fit before I type the final draft. When you have worked with one particular attorney for a while you get to know their style and often can anticipate their strategy.

In Baez's case, he has someone he finally had the good sense to delegate the job of drafting the litigation. I figure it is either a decent paralegal that maybe CM loaned him or like I said earlier, the male law clerk (I think his name was Craig ? :waitasec who sat at the table with him a couple of hearings ago. I think the personal jabs aimed at LDB were his though....probably the SHOUTING, too.

 

[wildchild1961]

Good thing only the State has to pay for these ridiculous motions (not!).

PS- motions are a great way for attorneys to amass hours and drive up revenue
PPS- ya know I love all the lawyers onboard here

Actually, I was wondering about that as well. Would JB get paid piecemeal? Hourly? or a flat sum for hours? It very well could be, he has nothing else to do to make work for himself that he can bill the state for, unless diving into all the documents this group has dissected at length and he has repeatedly showed how much he does not wish to actually do any work reading them.

Not saying I am all for this theory.. just saying.. it's crossed my mind.

wild

 

[RR0004]

Actually, I was wondering about that as well. Would JB get paid piecemeal? Hourly? or a flat sum for hours? It very well could be, he has nothing else to do to make work for himself that he can bill the state for, unless diving into all the documents this group has dissected at length and he has repeatedly showed how much he does not wish to actually do any work reading them.

Not saying I am all for this theory.. just saying.. it's crossed my mind.

wild

Well, he's not getting paid much any way to be honest with you...that's why I think he delegates most of the work. That, and he can't write a motion to save his life.

 

[Soju]

JB really reveals a LOT about his personality in these documents, doesn't he? (a very unprofessional thing for a lawyer, IMO). As far as I'm concerned, the improved grammar is all for nothing. He could say "thy cranium doth consist of oderous fecal matter", but at its core, this response is still just a child trying to get in the last word by whining "oh yeah? well you're a stinky poo-poo head!"

JMO of course

 

[RR0004]

Yes, I overlooked the usual rubbish and Wah wah wah he does, but my sense after the first page was WTH - people have very unique writing style, and his is very very "unique". You could be right, maybe the paralegal, or the law clerk- I was just shocked he was passing it off as his own.

Could have been one of his staff I guess reading over his shoulder, and said - gimme that you damned fool!

Okay I'm calmer now - breathe! inside voice please LG....

I don't think it necessarily means that he's passing work off as his own. It's a matter of course...at least what I've seen in matrimonial law...even helps to reduce cost to the client if an associate writes the motion...and the attorney signs it.

 

[RR0004]

JB really reveals a LOT about his personality in these documents, doesn't he? (a very unprofessional thing for a lawyer, IMO). As far as I'm concerned, the improved grammar is all for nothing. He could say "thy cranium doth consist of oderous fecal matter", but at its core, this response is still just a child trying to get in the last word by whining "oh yeah? well you're a stinky poo-poo head!"

JMO of course

Yes, I agree...it gets way too personal. He is having a big 'ole hissy fit. I just realized that his fight with the "bloggers" isn't really about the pictures that may prove embarrassing to him...IMO...it's about going after someone who filed a bar complaint against him. It seems that Jose has a long memory and always wants to have the last word. IMHO, he really needs to grow up.

 

[ZsaZsa]

There is absolutely unequivocally NO WAY Baez wrote this response. No way in he77! Okay so are we saying the New Guy has already started and is lurking there in the background?????

I think Baez is just a dead squirrel, walking....
It's just a matter of time.:innocent:

 

[ZsaZsa]

Yes, I agree...it gets way too personal. He is having a big 'ole hissy fit. I just realized that his fight with the "bloggers" isn't really about the pictures that may prove embarrassing to him...IMO...it's about going after someone who filed a bar complaint against him. It seems that Jose has a long memory and always wants to have the last word. IMHO, he really needs to grow up.

He's going to be angry an awful lot if he wants to go after all the folks who have filed complaints about him to the Fla Bar Assn...

 

[Horace Finklestein]

What a shameful, embarrassing excuse for a response. It is seething with anger and he is lying throughout. He obviously didn't write it himself, but I suspect he did put in the angry parts, unsuccessfully trying to one-up Ms Burdick. It's time for him to be disbarred. He was questionable to begin with, has done nothing but lie and show utter incompetence and disrespect, and he may as well walk Casey to the electric chair. I want that to happen with no appellate issues.

Nothing in the motion was convincing. The tone completely destroyed the credibility, but he was lying to begin with so I guess it doesn't matter anyway.

 

[Macushla]

Yes, I agree...it gets way too personal. He is having a big 'ole hissy fit. I just realized that his fight with the "bloggers" isn't really about the pictures that may prove embarrassing to him...IMO...it's about going after someone who filed a bar complaint against him. It seems that Jose has a long memory and always wants to have the last word. IMHO, he really needs to grow up.

BBM: Hate to disagree with you RR004, but JB himself told the world he has a terrible memory. He admitted he can't remember whether or not he heard the announcement that the call was being recorded - or even the date the calls were made. Now, you don't suppose he was telling a mistruth do you?

 

[cyberborg]

He's going to be angry an awful lot if he wants to go after all the folks who have filed complaints about him to the Fla Bar Assn...

I agree.

Petty actions are going to ruin JB in short order, you have to focus on the big picture and not sweat the small stuff. JB is not a 'general' in any shape or form so isn't attorney material sufficient to win a significant case never mind a DP case and the ICA trial of the century. JB's focus is on swatting flies while he is busy losing the war. Revenge will bite you right back.

 

[Steely Dan]

Yes, I think he does but he will likely throw JB a bone to save [his] face.

I hope not. I'd like to see the convo go like this;

HHJBP: Mr. Baez, I read your filings and I'm disturbed by your argument about prisoners using ways to skirt the recording process. It sounds as though you have used these tactics in the past with inmates which would be a criminal offense if you are not the callers lawyer. So I'm curious how many times have you received calls illegally skirting the recording process?

JB: Ummmm, none sir. (Loosens collar)

HHJBP: If you have never skirted the issue before why would you argue that it could have been the case here?

JB: I've never knowingly skirted the issue.

HHJBP: Then why would you care about it's release if you assumed was on a recorded phone? Why would you put in your filing that it could have happened unrecorded? Why would you try to use that argument at all?

JB: (Mopping brow) I don't know.

HHJBP: Mr. Baez, I find your answers lacking and I am insulted that you believe the court would believe you when you say you couldn't remember if you were told or not. You also failed to inform the SAO about this call and so I'm referring this matter to the bar association.

There is absolutely unequivocally NO WAY Baez wrote this response. No way in he77! Okay so are we saying the New Guy has already started and is lurking there in the background?????

Maybe it's the person who wrote his papers in law school?! :waitasec:

I keed, I keed!

 

[ZsaZsa]

What a shameful, embarrassing excuse for a response. It is seething with anger and he is lying throughout. He obviously didn't write it himself, but I suspect he did put in the angry parts, unsuccessfully trying to one-up Ms Burdick. It's time for him to be disbarred. He was questionable to begin with, has done nothing but lie and show utter incompetence and disrespect, and he may as well walk Casey to the electric chair. I want that to happen with no appellate issues.

Nothing in the motion was convincing. The tone completely destroyed the credibility, but he was lying to begin with so I guess it doesn't matter anyway.

What are the Fla Bar waiting for? I am just glad he didn't decide to be a Surgeon, he would be maiming and killing people with his carelessness and incompetence.

 

[nums24]

I hope not. I'd like to see the convo go like this;

HHJBP: Mr. Baez, I read your filings and I'm disturbed by your argument about prisoners using ways to skirt the recording process. It sounds as though you have used these tactics in the past with inmates which would be a criminal offense if you are not the callers lawyer. So I'm curious how many times have you received calls illegally skirting the recording process?

JB: Ummmm, none sir. (Loosens collar)

HHJBP: If you have never skirted the issue before why would you argue that it could have been the case here?

JB: I've never knowingly skirted the issue.

HHJBP: Then why would you care about it's release if you assumed was on a recorded phone? Why would you put in your filing that it could have happened unrecorded? Why would you try to use that argument at all?

JB: (Mopping brow) I don't know.

HHJBP: Mr. Baez, I find your answers lacking and I am insulted that you believe the court would believe you when you say you couldn't remember if you were told or not. You also failed to inform the SAO about this call and so I'm referring this matter to the bar association.



Maybe it's the person who wrote his papers in law school?! :waitasec:

I keed, I keed!

Excellent! You missed some stuttering though

 

[Blaise]

Hello WS

Here we go again. This "law" stuff is amazing. It is the craziest game of "chess."

The problem is Linda Drane Burdick is playing chess is playing Candy Land.

Blaise (Or LDB is playing Whack a Mole. I betcha she's enjoying her job these days.)

 

[cyberborg]

Makes me wonder if JB is using this whole controversy to get the message out repeatedly about Lunceford's claims to pollute the future Jury pool because he will never use it and it won't fly at trial?

It seems so similiar to the RK ex-Wife accusations, a lot of noise made in the media with videos available for repeated replaying with the goal to slime RK in the public eye but never really use it.

The deed is done, sometimes there is a method to the madness.

 

[strawberry]

There is absolutely unequivocally NO WAY Baez wrote this response. No way in he77! Okay so are we saying the New Guy has already started and is lurking there in the background?????

YES YES YES That's exactly what I thought as I began reading it. I wondered if it were CM or the new guy cuz it did NOT sound like JB!

 

[strawberry]

Is it time for an LDB support thread?