M. Nejame is now Attorney for TES

[bunnyphoenix1]

I suspect he is dumb like a fox and some aren't going to realize that until its a bit late. Maybe he shines

Real dumb to assemble that team of top notch experts. Dumb stuff like that.

You want a lawyer who is a good avocate. Anyone can gather experts....don't you think you could have done that yourself? I don't think you need lawyer's skills to hire experts!

 

[CarolinaMoon]

JB wants a great deal from TES

In his motion, he says he wants

A. Any and all records relating to searches...

B. Any and all records of volunteers...

C. Any and all photographs and video recordings...

D. Any and all communications between TES and LE

E. Any and all maps.....

Read the motion here: http://www.cfnews13.com/uploadedFiles/Stories/Local/Application for Subpoena Duces Tecum.pdf

The judge made no ruling on this. There was no discussion of the volunteer information. The judge DID remind JB that Texas is not in his jurisdiction and suggested that JB could ASK TM for the info!

Personally, JB is asking for everything when he just needs the information on the one spot. He's doing everything he can to force others to churn out tons of useless paperwork just because he CAN! Well, I hope he can't.

I'm sure MN will be of great use to TES. Bless him!

 

[Pedrosmom]

This is a clear conflict of interest representation. Me thinks a judge will say Bye Bye to MN.

This has become a free for all. Next thing we'll see is JB going rogue and running for States Atty for Orange County, after successfully delaying State v. CA to his benefit.

 

[Pedrosmom]

JB wants a great deal from TES

In his motion, he says he wants

A. Any and all records relating to searches...

B. Any and all records of volunteers...

C. Any and all photographs and video recordings...

D. Any and all communications between TES and LE

E. Any and all maps.....

Read the motion here: http://www.cfnews13.com/uploadedFiles/Stories/Local/Application for Subpoena Duces Tecum.pdf

The judge made no ruling on this. There was no discussion of the volunteer information. The judge DID remind JB that Texas is not in his jurisdiction and suggested that JB could ASK TM for the info!

Personally, JB is asking for everything when he just needs the information on the one spot. He's doing everything he can to force others to churn out tons of useless paperwork just because he CAN! Well, I hope he can't.

I'm sure MN will be of great use to TES. Bless him!

What law says that TES is required to keep ANY records? This is a humanitarian/good samaritan effort to find a missing child. The Anthony Family can be held to the same standard. Produce everything you have about all the searches you've done. Oh, wait, you didn't search? Ok.

 

[Intermezzo]

This is a clear conflict of interest representation. Me thinks a judge will say Bye Bye to MN.

This has become a free for all. Next thing we'll see is JB going rogue and running for States Atty for Orange County, after successfully delaying State v. CA to his benefit.

Hi
Bold Me
What makes you think that it's a conflict of interest?
Nejame resigned as the A's attorney in November.

 

[chesterp]

What law says that TES is required to keep ANY records? This is a humanitarian/good samaritan effort to find a missing child. The Anthony Family can be held to the same standard. Produce everything you have about all the searches you've done. Oh, wait, you didn't search? Ok.

The status of keeping a 501 (c) 3 requires them to keep records. MN and A's parted ways because they did not follow his advice. The Never Lose Hope Foundation , which MN is a Board Member donated $12,500 to TES on 11/7/08and MN annouced he offered to represent TES for free if ever needed in any State,since TES was better equip to help in the search than members sitting on a BOARD.

MN is a very well respected atty who has always handled high-profile, controversial clients with dignity and integrity. I personally questioned his reasoning for handling the A's.......in the beginning but everyone is entitled to representation. I realize as he stated in the Orlando Sentinel article and TV interviews they were not taking his professional advice and they amicably parted ways. I feel MN and TM (TES) came together at the right time for the right purpose with no $ signs in their eyes which speaks volumes in terms of character. Something of which most of the cast in this case could learn from.

 

[Pedrosmom]

Hi
Bold Me
What makes you think that it's a conflict of interest?
Nejame resigned as the A's attorney in November.

If an attorney has a relationship/representation with another party in the case, even a FORMER CLIENT, it is a conflict of interest for him to represent the new client in the same case without prejudicing the case.

http://www.floridabar.org/divexe/rrtfb.nsf/FV/2E30A65D3638C6B485257171004B3C67


a) Representing Adverse Interests. Except as provided in subdivision (b), a lawyer shall not represent a client if:


(1) the representation of 1 client will be directly adverse to another client; or

(2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

Bolded by me.

 

[Pedrosmom]

As a general proposition, loyalty to a client prohibits undertaking representation directly adverse to that client's or another client's interests without the affected client's consent.

Do you think the Anthony's consented to MN's representation of TES? I think not.

 

[elementary]

If an attorney has a relationship/representation with another party in the case, even a FORMER CLIENT, it is a conflict of interest for him to represent the new client in the same case without prejudicing the case.

http://www.floridabar.org/divexe/rrtfb.nsf/FV/2E30A65D3638C6B485257171004B3C67


a) Representing Adverse Interests. Except as provided in subdivision (b), a lawyer shall not represent a client if:


(1) the representation of 1 client will be directly adverse to another client; or

(2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

Bolded by me.

I'm not sure I understand.The perp is on trial, not the A's. How is this adverse for the A's?

 

[chesterp]

As a general proposition, loyalty to a client prohibits undertaking representation directly adverse to that client's or another client's interests without the affected client's consent.

Do you think the Anthony's consented to MN's representation of TES? I think not.

Why not?

 

[Chilly Willy]

Now, this thread is funny! A lot of posters ran Nejame down to the ground while he was working for the Anthonys, calling him Dracula and mocking his looks, saying he was a weasle... among other things. Now suddenly he is everybody's best friend!! Funny!
I do recall that there was an awful lot of strange things going on during these searches, in the background... lot of rumors, misinformation, the body was found, no, wait.. it wasn't... well, maybe it was....and maybe not. And they found a dress that looked like Caylee's, and bones that turned out to be nothing, and a necklace or something. I wonder if this request for this information could have something to do with someone who said they were working with TES and really wasn't... and all the rumors and leaks that turned out to be false. Oh and don't forget Murt who broadcast stuff he probably shouldn't have. Nothing would surprise me now, this case has given me one giant headache!

(bold mine)

Isn't that the truth! People were outraged when MN allowed TES to meet in his nightclub and even suggested that MN was in cahoots with the Never Lose Hope foundation in trying to bribe Tim to stop the search.

We're a fickle bunch.

 

[Pedrosmom]

I'm not sure I understand.The perp is on trial, not the A's. How is this adverse for the A's?

Because they are a not only a former client but witnesses, if not defendants themselves, to the very case that MN now represents TES in.

Though speculating here, even if MN had represented the A's in a home foreclosure 2 years ago, the conflict of interest is STILL there.

You go into an attorney's office wanting to sue the guy who rear-ended you. The atty must to a COI check to see if the defendant that you are about to sue has any relationship WHATSOEVER WITH THAT LAW FIRM. Let's say one of the hundreds of attys there represented the defendant in a different case wherein the defendant was the plaintiff, THERE IS A COI.

Here, it is so plain obvious. I can't see how he can get away with it.

 

[Pedrosmom]

Why not?

Because when MN representing them, their discussions were PRIVILEGED, and the privilege doesn't go away when the client does.

If that were the case, all these defense lawyers would be writing books and making millions off their client's confessions after the conviction, and after the relationship has ended.

The a/c relationship doesn't end with the client firing the atty or the atty dumping the client. It's still there. Eternally.

 

[elementary]

Because they are a not only a former client but witnesses, if not defendants themselves, to the very case that MN now represents TES in.

Though speculating here, even if MN had represented the A's in a home foreclosure 2 years ago, the conflict of interest is STILL there.

You go into an attorney's office wanting to sue the guy who rear-ended you. The atty must to a COI check to see if the defendant that you are about to sue has any relationship WHATSOEVER WITH THAT LAW FIRM. Let's say one of the hundreds of attys there represented the defendant in a different case wherein the defendant was the plaintiff, THERE IS A COI.

Here, it is so plain obvious. I can't see how he can get away with it.

Thanks! If MN became TES' attorney just after he left the A's does that make a difference? Were they officially witnesses then? Also, how would this be considered adverse for them personally?

 

[chesterp]

Because when MN representing them, their discussions were PRIVILEGED, and the privilege doesn't go away when the client does.

If that were the case, all these defense lawyers would be writing books and making millions off their client's confessions after the conviction, and after the relationship has ended.

The a/c relationship doesn't end with the client firing the atty or the atty dumping the client. It's still there. Eternally.

I understand a/c privileges and I think MN has been around the block long enough to understand what he can and can not do.

 

[SissyPo]

Why does everyone who tried to help find Caylee now need a lawyer?
They have done nothing wrong, they just was helping and doing their job.
Its casey who murdered her child that needs the lawyer not people who helped find the body.

 

[Friday]

If, and I say again, IF, LE paid TES then the argument that TES was an agent of LE is 100% valid. I know this disapoints a lot of people, but it is true. TES does not have to spend a dime having copies made, the documents can be dropped of at Kinko's, copied and sent to JB on JB's company credit card. SOP in discovery.

I have not seen, nor did I hear in the motion hearing that JB wants information on any of the volunteers. If anyone can point to a quote, please do so. What I heard is JB requesting maps and any information used to determine search sites and the results and findings of the searches. I suggest that JB is mostly interested in the alleged searches of the crime scene.

JMHO based on practicing law for 25 years.

DotsEyes, unfortunately you're mistaken. Here is a direct quote from JB's Application For Subpoena Duces Tecum in which he requests from TES (among other things):

"Any and all records of volunteers who assisted Texas Equusearch during their search for Caylee Marie Anthony."

 

[Chezhire]

JB wants the names of all the volunteers and the maps where they searched??!!! WHY!

:waitasec: He's going to try to bolster his client's defense with what TES had previously done. Betcha he thinks if he can show that someone had "searched" the area where Caylee was ultimately found, he'll be able to make a good argument that someone other than Casey killed Caylee and then moved her body.

I see some irony in how JBaez would then be singing TES searchers' praises, after the Anthony family did just about everything they could to prevent the searches?!?! (Not saying it's a trial-winning argument, just saying he might be thinking this could help to muddy the waters and help create reasonable doubt )

 

[future criminologist]

hmm, just a hunch here, but I wonder if MN ended his representation of the A's because they weren't paying him?

or maybe...found out they were lying to him? that's another good reason to stop representing your client.

 

[Friday]

Snipped by me..

hmm, just a hunch here, but I wonder if MN ended his representation of the A's because they weren't paying him?

I don't think money had anything to do with his decision because he's representing TES now, pro bono. Also, he's planning to donate the $5,000 retainer he received to represent the A's to the MR or someone/something. Sorry, can't recall more than that.