Legal Questions for our Verified Lawyers #4

[AZlawyer]

^ if the answer to the above is "yes", is the billing scrutinized and, if so, by whom? TIA

No, the IRS does not care whether or not your written-off bill was reasonable.

Besides, I have no doubt that JB and his firm spent $500,000 in attorney time on Casey's case.

 

[bonniez451]

If there is no notation in the docket that the items were unsealed, then someone (probably media) would have to do a motion to get them unsealed. The competency evals would probably not be unsealed even then. The juror questions might be.



No. Nothing to do with the constitution--the Florida wrongful death statute specifically lists the people authorized to su

I don't do taxes for anyone but myself , but I assume they could write it off IF it were really owed and unpaid, whether or not Casey listed it in her BK. In other words, I don't think the tax question is affected one way or the other by whatever the BK papers say.

Thank you I did not know states did that.

 

[gramcracker]

ZFG's atty wants to depose FCA because he suspected she was being dishonest at the hearing. what are the next steps, and how could/would those affect the decision on the bankruptcy? TIA

 

[AZlawyer]

ZFG's atty wants to depose FCA because he suspected she was being dishonest at the hearing. what are the next steps, and how could/would those affect the decision on the bankruptcy? TIA

He would just schedule the deposition (it's called a "2004 exam"). He doesn't need to have any reason for it--it's completely routine. The deposition will not affect anything about the bankruptcy, unless ZG's attorney (remember she has no "F"!) attaches part of the transcript to a motion of some kind.

 

[FLmom777]

FCA testified that JB gave her $3400. Is that legal?

 

[AZlawyer]

FCA testified that JB gave her $3400. Is that legal?

Yes. I mean, I'm not a Florida lawyer, but I can't imagine why it would be illegal.

 

[logicalgirl]

Yes. I mean, I'm not a Florida lawyer, but I can't imagine why it would be illegal.

Well would it make a differnece if the $3400 was for the rights to some pictures he arranged to have taken while he was still her attorney of record? The $3400.oo wasn't exactly a gift.

 

[ZsaZsa]

AZ- if you were representing Zenaida/Roy/Tim what questions would be uppermost in your mind, when deposing Casey, or attending her BK proceedings.

 

[AZlawyer]

Well would it make a differnece if the $3400 was for the rights to some pictures he arranged to have taken while he was still her attorney of record? The $3400.oo wasn't exactly a gift.

Well, that would be different, yes. I believe RHornsby pointed out a Florida ethics rule that might be implicated. It still wouldn't be "illegal," though.

 

[AZlawyer]

AZ- if you were representing Zenaida/Roy/Tim what questions would be uppermost in your mind, when deposing Casey, or attending her BK proceedings.

Questions about her phony debts (Baez, mom, etc.) and how she doesn't actually owe any money to those people, and about how precisely she obtains funds to live. I would ask the BK judge to require a detailed transaction ledger ($ in and out, including "gifts" and the sources thereof) to be filed for the next couple of months, since Casey has a giant memory hole about how she's eating, dressing herself, etc.

 

[ZsaZsa]

In this article by Jeff Weiner, Court reporter from the OS it states that if the
trustee determines that Casey's story is an asset she could lose the rights to it. Is that true?

http://flcourier.com/2013/03/07/casey-anthony-questioned-about-bankruptcy-filing/

 

[AZlawyer]

In this article by Jeff Weiner, Court reporter from the OS it states that if the
trustee determines that Casey's story is an asset she could lose the rights to it. Is that true?

http://flcourier.com/2013/03/07/casey-anthony-questioned-about-bankruptcy-filing/

Yes. Now, it's a little trickier than other assets because you can't FORCE her to tell her story so creditors can sell it. I think it would have to be done as an assignment of any future profits gained from telling her story--and then Casey would probably just NOT tell it rather than give up the profits.

Also, her story might not be worth much once ZG's lawyers finally get to depose her, lol.

 

[logicalgirl]

Well, that would be different, yes. I believe RHornsby pointed out a Florida ethics rule that might be implicated. It still wouldn't be "illegal," though.

Alright then if I understand you right - a lawyer can be as unethical as he or she wants according to the lawyers code of ethics but it isn't breaking any laws...

So a doctor promises to "do no harm" and can be sued for malpractice and lose their license to practise...does the same work for lawyers or no?

The difference between unethical and illegal is confusing to me. Naive me believed ethics were based on laws.

 

[Tink56]

Questions about her phony debts (Baez, mom, etc.) and how she doesn't actually owe any money to those people, and about how precisely she obtains funds to live. I would ask the BK judge to require a detailed transaction ledger ($ in and out, including "gifts" and the sources thereof) to be filed for the next couple of months, since Casey has a giant memory hole about how she's eating, dressing herself, etc.

Is there any way to "follow the money"? I am thinking about the appearances about the book, trial, photos, etc. If one of the attorneys or his/her representative was paid $$$, I can't think of any way to trace verbal agreements. (We will take care of you Casey....)

For instance, say Casey was given $40,000 in the course of a year by her attorneys. They could say these were all the result of unsolicited gifts. (Even if some of the funds came directly from the attorneys themselves.)

The transaction ledger is a great idea, but that would be easy to "fudge" in the short term. Is it possible to demand that the attorneys supply a list of the generous donors and/or the amounts they have supplied over the years? Wouldn't it be prudent of the attorneys to have kept a record of the gifts and amounts since they are accepting them on behalf of a client? Isn't that required?

(Shortly after the trial I remember Cheney saying Casey was receiving "thousands" of dollars in donations...)

 

[gramcracker]

^^^ is this what forensic accountants do? they're used in divorce and embezzlement and tax evasion cases, yes?

 

[SWEETSPYRIT]

Good Evening – would one of our great dedicated attorney's please look at the new filling from the bankruptcy Trustee and educate us. I love #3 WOW WOW WOW I am skeptical – but, am so hoping that this is Karma knocking on her door!!! Thanks in advance!!!


https://docs.google.com/file/d/0B7Dj...bWc/edit?pli=1

 

[AZlawyer]

Alright then if I understand you right - a lawyer can be as unethical as he or she wants according to the lawyers code of ethics but it isn't breaking any laws...

So a doctor promises to "do no harm" and can be sued for malpractice and lose their license to practise...does the same work for lawyers or no?

The difference between unethical and illegal is confusing to me. Naive me believed ethics were based on laws.

No, the ethics rules are not laws. Doctors also have ethics rules, and they aren't laws either.

Both lawyers and doctors can lose their licenses for unethical behavior.

Both lawyers and doctors can be sued for malpractice. Malpractice is not illegal either, but neither are most things for which other people can sue you.

Is there any way to "follow the money"? I am thinking about the appearances about the book, trial, photos, etc. If one of the attorneys or his/her representative was paid $$$, I can't think of any way to trace verbal agreements. (We will take care of you Casey....)

For instance, say Casey was given $40,000 in the course of a year by her attorneys. They could say these were all the result of unsolicited gifts. (Even if some of the funds came directly from the attorneys themselves.)

The transaction ledger is a great idea, but that would be easy to "fudge" in the short term. Is it possible to demand that the attorneys supply a list of the generous donors and/or the amounts they have supplied over the years? Wouldn't it be prudent of the attorneys to have kept a record of the gifts and amounts since they are accepting them on behalf of a client? Isn't that required?

(Shortly after the trial I remember Cheney saying Casey was receiving "thousands" of dollars in donations...)

IMO the trustee will attempt to "follow the money." IMO whether or not this is successful will depend quite a bit upon the voluntary honesty of the people who are asked questions. IMO some of those people are not so good at honesty....

^^^ is this what forensic accountants do? they're used in divorce and embezzlement and tax evasion cases, yes?

Yes, but in this case I doubt there would be much in the way of accounting records to examine.

Good Evening – would one of our great dedicated attorney's please look at the new filling from the bankruptcy Trustee and educate us. I love #3 WOW WOW WOW I am skeptical – but, am so hoping that this is Karma knocking on her door!!! Thanks in advance!!!


https://docs.google.com/file/d/0B7Dj...bWc/edit?pli=1

Fun. It looks like the Trustee wants to start a bidding war over the rights to Casey's story. Normally, this wouldn't work too well, because no one can force Casey to tell her story, but the one $10,000 offer received thus far is intended to PREVENT her from telling her story. I.e., the bidder wants to own the rights to Casey's story so that Casey can never sell those rights herself. Brilliant IMO. The judge is going to have a hard time turning down this offer, and Casey will lose the one "asset" she really had (although, as I mentioned before, if ZG's attorneys depose her and release the depo online, her "story" would be reduced in value).

 

[?noanswer]

No, the ethics rules are not laws. Doctors also have ethics rules, and they aren't laws either.

Both lawyers and doctors can lose their licenses for unethical behavior.

Both lawyers and doctors can be sued for malpractice. Malpractice is not illegal either, but neither are most things for which other people can sue you.



IMO the trustee will attempt to "follow the money." IMO whether or not this is successful will depend quite a bit upon the voluntary honesty of the people who are asked questions. IMO some of those people are not so good at honesty....



Yes, but in this case I doubt there would be much in the way of accounting records to examine.



Fun. It looks like the Trustee wants to start a bidding war over the rights to Casey's story. Normally, this wouldn't work too well, because no one can force Casey to tell her story, but the one $10,000 offer received thus far is intended to PREVENT her from telling her story. I.e., the bidder wants to own the rights to Casey's story so that Casey can never sell those rights herself. Brilliant IMO. The judge is going to have a hard time turning down this offer, and Casey will lose the one "asset" she really had (although, as I mentioned before, if ZG's attorneys depose her and release the depo online, her "story" would be reduced in value).

If someone is successful in obtaining the rights to her story, can they use it in all the ways that CA is prohibited from using it?

I think someone could make money by writing the story using all the info that has been released. If ZG's attys. can depo her could they include that info as well?

JMO

 

[chefmom]

I posted this in the BK thread, but wondered if one of our wonderful WS attorneys had any insight into this question. Assuming that the Trustee is allowed to auction off KC's rights to "her story", and a bidding war ensues that brings the price up to, let's just say, 2 Million Dollars. Once the Trustee pays OCSO, IRS, OPD, etc, and they realize that she DOES NOT owe JB anything else, who gets the rest of the money? Even paying the court a generous fee, there would still be around a Million Dollars left. Would that go to KC or would it be held for her civil suits? I am wondering because I can't believe that Team KC didn't realize that the court might sell her rights to pay her debts. I CAN, however, picture them realizing that no one in their right mind would pay KCA anything for "her story", and what better way to start a bidding war than to let the courts sell it for her. I know that most of us feel cynical about anything that the DT does because they seem to use every underhanded, backdoor loophole they can find. I am now wondering if this is simply a way of getting KC some money by seliing her story without actually selling it. KWIM? TIA!

 

[AZlawyer]

If someone is successful in obtaining the rights to her story, can they use it in all the ways that CA is prohibited from using it?

I think someone could make money by writing the story using all the info that has been released. If ZG's attys. can depo her could they include that info as well?

JMO

Anyone can write the story using released info, and/or using the depo if that is ever done and gets released. That "story" doesn't belong to Casey.

But if someone buys the rights to her "story" from Casey's BK trustee, then if she ever gets paid for telling the story, she will have to turn the $$ over to whomever purchased the rights.