Florida Bar Allegedly Prepares Case against Baez

[Emma Peel]

EXACTLY RIGHT. I was thinking it was an old case. Oh I am still laughing.

J-Been-here-too-long?
No worries, your original point regarding your recollection was spot on. The "source" could be anyone. When we know the source, and that source's factual basis/proofs for filing such allegations with the Florida Bar, then today's ethics violation story will feel less like slow-Anthony-news-day fodder, and more like some very serious "funny business" practices. IMO.

So... is it a crock? Who knows? IMO, it's luke-warm soup at the moment. Maybe it needs to cook some more, add a few facts, spice it with logic, stir with ethics, ...throw in 300 pages more of docs...No, wait, if you throw in the docs, no one will care about the soup or the crock anymore, they'll just want the docs! :crazy:

 

[impatientredhead]

To me all this means is someone has suggested some impropriety, filed a claim and the powers are looking into it, as they should.
We had another case where a member from a board filed the claim after having discussion. We don't have the first clue.

JB at this point this is exactly what it means. They encourage you not to file a complaint without going through all other routes, APAC is usually the first route to try to find resolution without filing a complaint.

Once a complaint is formally filed they determine if it is their jurisdiction and it the complaint is covered under the supreme court rules of conduct. If it makes that hurdle, than JB would be contacted and asked for info which he would have 15 days to provide. They review that and then go back to the complainant for additional info. They then close the file, refer it back to mediation, or send it to the grievance committee (like a grand jury).

They will either decline it, admonish and send the lawyer to an ethics refresher course, or hold the matter over for trial.

The standard for disbarment is extremely high and not going to be reached over hugs or inappropriate fee deals. Even the investigation does not mean there is solid evidence of misconduct, just that the complaint was filed in the correct jurisdiction and that the content of the complaint is covered under their rules (ie contingency deals in a criminal case are not allowed).

 

[Psmith]

Artificial delays in releasing Caylee's remains to the A's? Is there anything in an attorney's little handbook of ethics that could be explored here?

I do wish so. It is beyond belief. There has to be a point where decency must be the foremost wish of everyone concerned. Not just for remains, god rest her, but the carnival. Please give us the soul and body of justice. But fairly as the law says it should be, community agreement, not stronger or harsher per public outcry, but meted equally and with temperence per statutes laid out.

In the meantime.....Jose Baez, esteemed attorney.... with POA, lets her lie.

i realise this post is inflammatory. Sorry. Pls delete if too much.

 

[ThoughtElf]

I think it's possible that a complaint was filed in re: the limbo status of Caylee's remains. State's Rules of Professional Conduct/Responsibility generally require attorneys to avoid the "appearance of impropriety" and to avoid actions which cast an unfavorable light on the legal profession. I do think the remains are being retained pending toxicology results, but Baez has not made any public statement to assuage public distress about her delayed funeral. Anyone, including the A's, could have made a complaint about this issue.

I also think a complaint could have been made re: the conduct of Baez's investigators-- the infamous Dominic Casey tape reflects VERY poorly on the defense's legal investigation team, as did the tape's subsequent release via national media outlets. Baez could be subject to discipline if he did not take reasonable steps to keep his investigators' work confidential and/or directed his investigators to perpetrate fraudulent or criminal acts.
The alleged de-facto contingency fee payment scheme for the defense team could also have prompted a complaint.
etc. etc.

I would imagine that multiple complaints have been filed against Baez-- this case is very high profile and there's some odd stuff happening around every corner, it seems.

I think the WESH article is sensationalizing the issue, however, and IMO the FL Bar is simply investigating the allegations against Baez. A State Bar is duty-bound to investigate all viable complaints raised against its members.
Filing a formal complaint against an attorney is also, IMO, tantamount to calling Professional 911-- it's a very serious thing.
All complaints are investigated, and not all investigations will lead to formal hearings or inquests.
Here's some data on FL Bar disciplinary actions, for those interested. Unfortunately, the data does not indicate how many complaints were filed in a given year.
Here are the various sanctions an attorney faces if s/he is subject to discipline.
Here are the rules regulating the practice of law in FL. :woohoo:

TY so much. You're always so helpful and provide excellent links. We appreciate it.

I don't think it would be unethical to assuage the public's distress about the delay, and I would imagine (hope) that it's been clearly explained to the Anthony family.

The explanation regarding the PI's actions is a possible complaint I hadn't thought of. I also believe that multiple complaints may have been filed against JB. It will be very interesting to see if any have been brought forth by another attorney. (Side question: wouldn't another attorney find a way to have someone else file a complaint instead of calling professional 911 or would that be unethical on their part?)

I'll go read those links. TY again.

 

[Psmith]

I think it's possible that a complaint was filed in re: the limbo status of Caylee's remains. State's Rules of Professional Conduct/Responsibility generally require attorneys to avoid the "appearance of impropriety" and to avoid actions which cast an unfavorable light on the legal profession. I do think the remains are being retained pending toxicology results, but Baez has not made any public statement to assuage public distress about her delayed funeral. Anyone, including the A's, could have made a complaint about this issue.

I also think a complaint could have been made re: the conduct of Baez's investigators-- the infamous Dominic Casey tape reflects VERY poorly on the defense's legal investigation team, as did the tape's subsequent release via national media outlets. Baez could be subject to discipline if he did not take reasonable steps to keep his investigators' work confidential and/or directed his investigators to perpetrate fraudulent or criminal acts.
The alleged de-facto contingency fee payment scheme for the defense team could also have prompted a complaint.
etc. etc.

I would imagine that multiple complaints have been filed against Baez-- this case is very high profile and there's some odd stuff happening around every corner, it seems.

I think the WESH article is sensationalizing the issue, however, and IMO the FL Bar is simply investigating the allegations against Baez. A State Bar is duty-bound to investigate all viable complaints raised against its members.
Filing a formal complaint against an attorney is also, IMO, tantamount to calling Professional 911-- it's a very serious thing.
All complaints are investigated, and not all investigations will lead to formal hearings or inquests.
Here's some data on FL Bar disciplinary actions, for those interested. Unfortunately, the data does not indicate how many complaints were filed in a given year.
Here are the various sanctions an attorney faces if s/he is subject to discipline.
Here are the rules regulating the practice of law in FL. :woohoo:

You are a cool customer but bright as a lash of lightning, Nancy B. Thanks for the tip.

 

[Egoslayer]

Bold by me
Shouldn't that be "fertile" mind, not "futile"?

Umm .. fertile would make absolutely no sense. How can a mind be fertile? Futile means frivolous or useless.

 

[Psmith]

Umm .. fertile would make absolutely no sense. How can a mind be fertile? Futile means frivolous or useless.

already corrected to febrile, ty.

 

[ThoughtElf]

<snip>
Here's some data on FL Bar disciplinary actions, for those interested. Unfortunately, the data does not indicate how many complaints were filed in a given year.
Here are the various sanctions an attorney faces if s/he is subject to discipline.
Here are the rules regulating the practice of law in FL. :woohoo:

Still reading - the stats were interesting. Fairly consistent/expected growth on most data points through out 2005 - 2008, except for the 9 disciplinary resignations in 2005.

Question on the 'Standards for Imposing Lawyer Sanctions '
How is 'public' defined? It is used as a reference throughout the standards, but does it mean the general public - period - or is there a more specific definition legally in relation to the standards?

Example:

"Injury" is harm to a client, the public, the legal system, or the profession which results from a lawyer's misconduct. The level of injury can range from "serious" injury to "little or no" injury; a reference to "injury" alone indicates any level of injury greater than "little or no" injury.

TYIA

 

[nancy botwin]

You are a cool customer but bright as a lash of lightning, Nancy B. Thanks for the tip.

LOL you're welcome-- I like your style

Still reading - the stats were interesting. Fairly consistent/expected growth on most data points through out 2005 - 2008, except for the 9 disciplinary resignations in 2005.

Question on the 'Standards for Imposing Lawyer Sanctions '
How is 'public' defined? It is used as a reference throughout the standards, but does it mean the general public - period - or is there a more specific definition legally in relation to the standards?

Example:

"Injury" is harm to a client, the public, the legal system, or the profession which results from a lawyer's misconduct. The level of injury can range from "serious" injury to "little or no" injury; a reference to "injury" alone indicates any level of injury greater than "little or no" injury.

TYIA

I think "public" would just mean everyone-- or the public at large. This is just my opinion-- but good question!-- this stuff is dense and intense and often words don't mean what you think they'd mean :crazy:

 

[ThoughtElf]

already corrected to febrile, ty.

You could go all night, couldn't you?

 

[ThoughtElf]

LOL you're welcome-- I like your style



I think "public" would just mean everyone-- or the public at large. This is just my opinion-- but good question!-- this stuff is dense and intense and often words don't mean what you think they'd mean :crazy:

Sorry, I have another one. How would property be defined? As strictly tangible property, or does that also cover intangibles (i.e. picture/story rights?)

Example:

Absent aggravating or mitigating circumstances, and upon application of the factors set out in 3.0, the following sanctions are generally appropriate in cases involving the failure to preserve client property:
4.11 Disbarment is appropriate when a lawyer intentionally or knowingly converts client property regardless of injury or potential injury.

(You're billing me, right?)

 

[nancy botwin]

Sorry, I have another one. How would property be defined? As strictly tangible property, or does that also cover intangibles (i.e. picture/story rights?)

Example:

Absent aggravating or mitigating circumstances, and upon application of the factors set out in 3.0, the following sanctions are generally appropriate in cases involving the failure to preserve client property:
4.11 Disbarment is appropriate when a lawyer intentionally or knowingly converts client property regardless of injury or potential injury.

(You're billing me, right?)

LOL-- Anyone with greater knowledge than I have should step in and correct me-- property law is the opposite of my forte...
I haven't researched or thought thoroughly about this, but I think that specific rule could be referring to property an attorney holds in safekeeping for a client. ie. if I give my atty a gun to keep safely and the attorney disposes of it or sells it etc.
However, the passage you're citing could be applied to a situation like you're alluding to--
"conversion" is, as I recall, the interference with one's right to possess or hold interest in their property. So, I think this rule would apply to real and personal property, as well as property rights/media interests in certain applicable situations.

 

[nancy botwin]

Sorry, I have another one. How would property be defined? As strictly tangible property, or does that also cover intangibles (i.e. picture/story rights?)

Example:

Absent aggravating or mitigating circumstances, and upon application of the factors set out in 3.0, the following sanctions are generally appropriate in cases involving the failure to preserve client property:
4.11 Disbarment is appropriate when a lawyer intentionally or knowingly converts client property regardless of injury or potential injury.

(You're billing me, right?)

or more specifically, if Casey had left that big "MEDIA" binder in Baez's office before she got arrested and he was to retain her photos for safekeeping but chose, instead, to sell a copy of one of those photos (and effectively the rights to that photo via licensing agreement) to a media outlet without Casey's permission-- this would IMO fall under the provisions you cited.

 

[shadow of my mind]

CA is very much about control. CA is shut out. CA has more confidence in BC than JB. CA is concerned that JB is selling out Caylee for profit ($$$$). CA is painfully aware everyone now knows Caylee is dead, so her only other daughter KC is in dire jeopardy. CA is concerned that JB is acting in his own best interests. CA has no access to KC. CA has no control over JB. KC is controlling JB. JB is selling out on KC. To CA, BC can save KC while JB is using KC and Caylee ($$$$$).

You know how CA is with people profitting from Caylee and ... in JB's hands KC is at risk as well. I would imagine that CA is doing everything in her power to take back control and BC has already demonstrated a far greater capacity to subtlely save KC. JB is a rough diamond that's fake. CA wants to usurp JB and insert BC. IMHO.

Believe it or not I read that entire post and it didn't dawn on me until about 20 minuets later that the whole thing is filed with initials and I read it just like it was a normal. Didn’t phase me at all…. Oh my..

 

[Imajica]

Thanks so much, I thought I was going nutso earlier. I wanted to make sure your response clarifying the issue didn't get buried. That was my interpretation of the law as well. but you response was much more elegant.

There has been so much erroneous information already going around regarding this case from so many different fronts. I feel some of the points are important enough to clarify before the rumor mill runs rampant with a false idea.

So in clarifying, am I correct in understanding there is no "automatic appeal process" in the state of Florida after being sentenced for the commission of a felony crime unless the death penalty is applied?

I want to make sure we're on the same page here, in case the issue comes up again at some point.

Thanks for your input again :blowkiss:

http://www.flsenate.gov/STATUTES/in..._Statute&Search_String=&URL=Ch0921/Sec141.HTM

That is the statute that grants an automatic appeal to death penalty convictions in Florida. The statute mentioned in the text that is being interpreted to mean life without the possibility of parole gets an automatic appeal (it does not) is statute 924.06 Appeal by defendant.

The state, not the constitution, has stated you have the right to file an appeal and for it to be considered. It does not say that you will automatically get a new trial. All it is granted is the right to be heard and for a determination to be made of whether you have a valid reason for a new trial.

Unlike countries where you get one trial, get locked up and there is nothing you can do about it even if you were convicted unfairly.

I'm reading all kinds of case law and from my understanding the death penalty and a first degree murder conviction with no parole grants the felon an automatic appeal.

In Florida, the appeal process goes straight to the Florida Supreme Court

I have found nothing else that disputes it

My understanding is that Florida Law grants only a right to appeal a criminal conviction, unless it is a Capital Case involving the Death Penalty and then it becomes mandatory. Below is the case law referencing the issue:

A criminal defendant has no federal constitutional right to state appellate review of criminal convictions. See for example Estelle v. Dorrough, 420 U.S. 534, 536-37, 95 S.Ct. 1173, 1175, 43 L.Ed.2d 377 (1975) and cases cited therein. Florida law grants a right to appeal from criminal conviction. Fla.Stat. § 924.06 (1979). Once a state grants the right to appeal the Fourteenth Amendment places some constraints upon the denial of the right. See e. g., Draper v. Washington, 372 U.S. 487, 83 S.Ct. 774, 9 L.Ed.2d 899 (1963); Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963); Griffin v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891 (1956). But the right to appeal from a state court conviction is not a constitutional right in and of itself. For nearly a century Florida courts have had the discretion to summarily dismiss the appeals of those who flout the appellate process by fleeing custody while the appeal is pending. Bretti v. Wainwright, 225 So.2d 516 (Fla.1969), modified, 255 So.2d 26 (Fla.1971); Woodson v. State, 19 Fla. 549 (1882).

Hope that helps

 

[chesterp]

Well actually I do have good info and thoughts, etc.

I also thought you, with your training and cosmopolitan viewpoint, would appreciate the fun.

Now I see, you mean it.

o/t Mrs. Peel, I have followed this case since day one and I always enjoy your postings. You have always been a breath of fresh air. TY

 

[Forensic fan]

Umm .. fertile would make absolutely no sense. How can a mind be fertile? Futile means frivolous or useless.

When one is said to have a fertile mind, it means he is likely to imagine things or make things up.

 

[Penelope]

(Please note: if this is a double post, please forgive me-- I had trouble with my computer and the original message I was typing disappeared!!)

A number of years ago I was involved in an issue with my co-op apartment corporation and owner's association. The issue involved an attorney who gave one of the owners $40,000 to fund a deal to help the coop pay back taxes. It turned out the deal was a scam and the owner a con artist. One issue I and others had was that the attorney did not do his due diligence and get proper paperwork to see if the deal was real-- just wrote the check out of the escrow account. I and a few others hired another attorney to get to the bottom of the mess. I wanted my attorney to go after the other attorney-- and in essence, she just came up with lots of reasons not to-- including not wanting to ruin his career over getting conned by a con! When I went to the Bar, they claimed they could do nothing as the matter was currently an open matter in court and they had to wait until the case was decided!

What I learned from the experience is that attorneys will protect each other -- especially when one of them does something through negligance. They also are very reluctant to go the the State Bar Association to file a complaint about each other.

If the Florida Bar is actually preparing or investigating a case against Jose Baez, then, IMO, they really have something on him or else they are being careful to investigate any claim against him due to the enormous public interest in this case.

 

[tehcloser]

When one is said to have a fertile mind, it means he is likely to imagine things or make things up.

I just hope his mind was the only thing that was fertile....iykwim....:crazy:

 

[debs]

Didn't Mary N. sensationalize a small portion of truth once before with regard to this case? I seem to remember it getting a lot of talk here on WS for poor reporting.