Prosecutors Ask For Hearing On How Baez Is Getting Paid

[lin]

Here's one of the authorities cited:

Finol v. Finol, 869 So.2d 666 (Fla.App. Dist.4 03/31/2004)

...

[10] Petitioner husband seeks certiorari review of a trial court order allowing discovery of his attorney's fee retainer agreements and billing and payment records. He contends they are protected by the attorney/client privilege and apparently assumes, without citing any authority, that billing information in and of itself is not discoverable.


[11] If this billing information contained descriptions of services rendered which would reveal the mental impressions and opinions of counsel, that information should be redacted as privileged, Old Holdings. Ltd. v. Taplin, Howard, Shaw & Miller, P.A., 584 So. 2d 1128 (Fla. 4th DCA 1991); however, the remaining information is not privileged and therefore discoverable.


[12] This court has recently allowed discovery of defense counsel's billing records because they were relevant to plaintiff's claim for prevailing party attorney's fees. Brown Distrib. Co. of West Palm Beach v. Marcel, 866 So. 2d 160 (Fla. 4th DCA 2004). In this case it is relevant to the issue of alimony, child support, equitable distribution, and attorney's fees. The petition for certiorari is therefore dismissed for lack of jurisdiction.

 

[Kenziema]

"Pauper to Princess" LMAO!

 

[KR2tonenow]

I bet the letter shredders are working overtime today.

I got a good laugh out of that, thanks.

Either way this defense gets the notoriety. The book and movie deal will bring millions into the Anthony family home. That's why LEE laughed through the proceedings in a completely UNlaughable situation with the hearing about Zenaida. In the end, Zenaida will get her's and those vampire defense Atty's will too.

 

[MomofBoys]

The thing that cracks me up about this motion is the necessary, but still pretty funny disclaimer that the State isn't trying to block KC's representation by Baez.

Translation: "Far be it from us to shoot ourselves in the foot by getting actual, competent defense counsel behind the podium!"

 

[Hot Dogs]

"Pauper to Princess" LMAO!

I was quite surprised to see a figure of speech in a formal legal document by the State's Attorney. Is that kind of thing common in government documents like this?

 

[KR2tonenow]

What I do not understand is why JB has not posted a composite drawing of the person KC believes is responsible for the death of her child. If they stick to the nanny stories that would be my first question. What would be the incentive not to put it out there? How can JB be looking out for the interest of his client if he does not attempt to find this other person after referring to his client on TV as the fugitive?

And the jury pool I would imagine would not look too kindly on KC for selling pictures of her murdered daughter, whether it was legal or not. Does JB just not care how it will look for her? Potential jurors may not get this info at trial but it is BIG news now.

He called himself public enemy #1-I don't think he cares. It will be interesting to see what the judge rules on this.

 

[Kenziema]

I was quite surprised to see a figure of speech in a formal legal document by the State's Attorney. Is that kind of thing common in government documents like this?

I have no clue, but it was funny & hit the nail on the head!

 

[Duelist Pearl]

Is this being televised live? Thanks in advance

 

[lin]

Reiserer is about promoting an offshore tax shelter and the IRS frowning on it; "...The IRS issued the summons in connection with its investigation to determine whether penalties should be imposed on Reiserer pursuant to 26 U.S.C. §§ 6700 and 6701 for promoting an abusive tax shelter..." The lower court allowing the discovery was affirmed.

After a quick skim of Horn it appears a discovery order was quashed on other grounds, namely overbroad and requesting privileged information. However, the court did note, "...Accordingly, the attorney-client privilege ordinarily protects neither a client's identity nor information regarding the fee arrangements reached with that client. Osterhoudt, 722 F.2d at 593; Sherman, 627 F.2d at 191-92..." "...Horn argues that the identities and fee arrangements of his five unnamed clients are privileged under Baird and Lahodny because disclosure of the information would incriminate them in the offense under investigation. In light of our prior opinions regarding the scope of the Baird exception, we must reject Horn's argument. As we explained in Osterhoudt and Sherman, the Baird exception is an extremely narrow one. Otherwise unprotected information does not become privileged merely because that information might provide evidence of a client's wrongdoing. Osterhoudt, 722 F.2d at 593; Sherman, 627 F.2d at 192. The terms "confidential" and "incriminating" are not synonymous. In order to qualify for the protection afforded by the attorney-client privilege, information regarding client identity or legal fees must be "in substance a disclosure of the confidential communication in the professional relationship between the client and the attorney." Osterhoudt, 722 F.2d at 593. Neither the identities of Horn's five clients nor the bare financial details of their fee arrangements with Horn satisfy that standard. Because the government's request for information was not confined to those items, however, that Conclusion does not end our inquiry..."

 

[JSR]

I was quite surprised to see a figure of speech in a formal legal document by the State's Attorney. Is that kind of thing common in government documents like this?

Yes, depends on the authoring attorneys style or approach. But many attorneys use "zingers" in their pleadings.

 

[Themis]

I was quite surprised to see a figure of speech in a formal legal document by the State's Attorney. Is that kind of thing common in government documents like this?

Yes, it is common. It communicates quickly with fewer words. Most motions have page limitations.

 

[lin]

Brown distributing is another one about disclosing billing records of opposing counsel to justify fee award. They had to turn them over.

 

[lin]

Yes, it is common. It communicates quickly with fewer words. Most motions have page limitations.

If you want the judge to read it, it had better be very good or very short but preferrably both!

 

[Themis]

The thing that cracks me up about this motion is the necessary, but still pretty funny disclaimer that the State isn't trying to block KC's representation by Baez.

Translation: "Far be it from us to shoot ourselves in the foot by getting actual, competent defense counsel behind the podium!"

IF I were prosecuting I would want JB to represent KC (because it would be easier to win the case) -- so badly that I might consider not putting the death penalty (he's not death penalty qualified) back on the table (as has happened). I would also not want to try a case that was almost certain to be overturned because the defense counsel was violating rules and thwarting the defendant's 6th Amendment right to counsel.

 

[californiared]

First off, sorry to Turbothink for posting the same article from in this thread right after you did! I didn't even notice until hours later :ashamed0005:
but I was wondering, how likely is it that all the money is coming from Caylee pictures/vides and or book/movie deals..I have no idea. I really haven't seen anyone else bring up other possibilities so is this like 99% chance going to be the case or is everyone as clueless as me about this? I'm feeling pretty dumb right about now, so if someone could explain to me where else the money could possibly come from, I'd greatly appreciate it!!!

 

[lin]

He called himself public enemy #1-I don't think he cares. It will be interesting to see what the judge rules on this.

That may be part of the state's case. If they can show that JB helped to foster KC's very negative image then that would show his interests are contrary to hers.

 

[Themis]

If you want the judge to read it, it had better be very good or very short but preferrably both!

Generally, I want the Judge's research attorney or law clerk to read it. I've had judges compliment my briefs in their opinions so I must be doing something right.

Key is to think like a judge -- do the job for them -- give them the facts, law and decision you need them to make. Make it easy.

 

[lin]

First off, sorry to Turbothink for posting the same article from in this thread right after you did! I didn't even notice until hours later :ashamed0005:
but I was wondering, how likely is it that all the money is coming from Caylee pictures/vides and or book/movie deals..I have no idea. I really haven't seen anyone else bring up other possibilities so is this like 99% chance going to be the case or is everyone as clueless as me about this? I'm feeling pretty dumb right about now, so if someone could explain to me where else the money could possibly come from, I'd greatly appreciate it!!!

The state was unable to find any other source and referred to the bond hearing testimony regarding the finances of GA, CA, and KC as showing there was no ability to pay these fees prior to the inception of this case.

 

[lin]

Generally, I want the Judge's research attorney or law clerk to read it. I've had judges compliment my briefs in their opinions so I must be doing something right.

Key is to think like a judge -- do the job for them -- give them the facts, law and decision you need them to make. Make it easy.

lol, exactly. Unlike JB who won't even give one little hook to hang the court's hat on, in most of his filings.

 

[Themis]

lol, exactly. Unlike JB who won't even give one little hook to hang the court's hat on, in most of his filings.

I know! Whine whine whine but no decent points and authorities! What about framing an issue, background facts with supporting exhibits, citations, prayer for relief and a proposed order? A major national murder case and none of these! Shocking! :waitasec: