Rhornsby Legal Q&A #3 Relevant to the Anthony Case

[rhornsby]

Mr. Hornsby,

Thank you for the clarification and all of your time and contributions!

Please accept my apologies for typing your name wrong in my earlier post.

Unacceptable, before you know it I will have people saying "Me so Hornsby..."

 

[Suzie002]

Hello,

This may have been asked before and I apolgize if it has, but with all of the press JB and the A's are spewing on TV, can KC ever say that she lost her case because of bad legal representation with all of the interviews? I hear so many other "TV" attorneys saying that they should all keep their mouths shut and I have wondered if they are doing it so that she has grounds for an appeal later on. I am sorry if this is a stupid question but what they are doing makes no sense to me.

 

[Kentjbkent]

Mr Hornsby,

I have a general question but will use this case as an example to stay OT.

Baez is a retained attorney. If KC was able to sell photos, etc at some point and Baez held an escrow account in her name for say, $250,000 that he was billing against, but that money has now run out, what happens when this case concludes?

If KC is convicted, and Baez is sitting on an accounts receivable from her for $, (which she obviously cannot pay being incarcerated), can Baez submit a motion to the court for "relief" (even for a portion of bill incurred)?

Seems like I recall reading something about this in the past before you joined us???

 

[RR0004]

Can you explain this in more detail? How do ethics come into play here?

What was the courthouse scuttlebutt after Judge S. filed a complaint with the Bar?

bump for response

 

[rhornsby]

Mr Hornsby,

I have a general question but will use this case as an example to stay OT.

Baez is a retained attorney. If KC was able to sell photos, etc at some point and Baez held an escrow account in her name for say, $250,000 that he was billing against, but that money has now run out, what happens when this case concludes?

If KC is convicted, and Baez is sitting on an accounts receivable from her for $, (which she obviously cannot pay being incarcerated), can Baez submit a motion to the court for "relief" (even for a portion of bill incurred)?

Seems like I recall reading something about this in the past before you joined us???

If Baez was doing anything of the sort it would be (1) unethical and (2) the criminal court would have no jurisdiction to allow grant him relief.

It would be unethical for a variety of reasons as:

1. It creates a fiduciary conflict of interests with him being both her media rights agent and her criminal defense attorney,
2. Appears to be a contingency rights agreement that is prohibited by bar rules; and
3. A lawyer is prohibited by bar rules from obtaining a client's "media rights."

 

[rhornsby]

Hello,

This may have been asked before and I apolgize if it has, but with all of the press JB and the A's are spewing on TV, can KC ever say that she lost her case because of bad legal representation with all of the interviews? I hear so many other "TV" attorneys saying that they should all keep their mouths shut and I have wondered if they are doing it so that she has grounds for an appeal later on. I am sorry if this is a stupid question but what they are doing makes no sense to me.

Yes, and if she lost at the trial level and after her appeals were exhausted, she could file a motion under Florida Rule of Criminal Procedure 3.850 alleging ineffective assistance of counsel.

With that said, I doubt her assistance of counsel will be found to be legally ineffective because Ms. Lyon is trying her best to clean up the mess Baez made.

I think the real basis for relief will be the conflict of interests Baez had while representing her. The financial dealings are way to shady.

 

[TakeNote]

If Baez was doing anything of the sort it would be (1) unethical and (2) the criminal court would have no jurisdiction to allow grant him relief.

It would be unethical for a variety of reasons as:

1. It creates a fiduciary conflict of interests with him being both her media rights agent and her criminal defense attorney,
2. Appears to be a contingency rights agreement that is prohibited by bar rules; and
3. A lawyer if prohibited by bar rules from obtaining a client's "media rights."

would the same apply if it was ....lets say....someone related to Jose obtaining KC media rights ?

 

[rhornsby]

would the same apply if it was ....lets say....someone related to Jose obtaining KC media rights ?

No. But then again, NOBODY else has spoken to her but her attorneys? Or at least that is what all the commotion is about with the jail videos.

 

[Lexington]

From watching CA and GA and entourage beat a hasty retreat from the courtroom during JA's argument last Friday, I have no doubt that this will be a regular occurrence during the trial. Can Judge S. make a stipulation that anyone leaving the courtroom for any reason during the trial will not be allowed back in until after a break, lunch etc. I hope this can be done otherwise the A's will be disrupting the entire proceeding with their antics.

 

[rhornsby]

From watching CA and GA and entourage beat a hasty retreat from the courtroom during JA's argument last Friday, I have no doubt that this will be a regular occurrence during the trial. Can Judge S. make a stipulation that anyone leaving the courtroom for any reason during the trial will not be allowed back in until after a break, lunch etc. I hope this can be done otherwise the A's will be disrupting the entire proceeding with their antics.

If it is disruptive, I suppose he could. But I don't think he would.

 

[spyhouston]

Mr. Hornsby - I am really enjoying reading your comments...thank you! Please stay with us until the trial is over.......promise???

 

[PrintGal]

Unacceptable, before you know it I will have people saying "Me so Hornsby..."

We all love you.... you know the rest.

Thank you again for your time and for answering all these legal questions and sharing your wit as well.

 

[logicalgirl]

So, now that the excerpts from A. Lyons book are out - do you think the "Angel of Death Row" will be required reading for up and coming criminal trial lawyers?

 

[Dear Prudence]

In an excerpt of Andrea Lyon's new book she states this regarding attorney/client privilige: "Sometimes clients confessed to me. Occasionally, it spilled out in an emotional rush, but often only after a careful explanation of the absolute rules of confidentiality. I am not allowed to disclose anything told to me in confidence without my client's permission."

So, if Casey confessed to one of her attorney's that she in fact did kill Caylee, would that attorney continue representing her? From Andrea's statement above it sounds like it would be no problem. I was under the impression though that it would be a hindrance to defending her because the attorney can not lie to the court.

Do clients often confess to their attorney? If so, how is it usually handled?

 

[The World According]

Just In!! other 2 decisions will be in later this afternoon!!!

Judge Rules On Motions In Casey Anthony Case
Posted: 2:13 pm EST December 16, 2009
<snipped>
A motion for protective order was granted in regards to an interview with EcuuSearch volunteer Joe Jordan.

The judge also denied the defense's motion to destroy videos of family visits.

A double jeopardy clause motion filed by the defense was also denied

Article:
http://www.wftv.com/news/21984104/detail.html

No surprises here?

 

[TakeNote]

No. But then again, NOBODY else has spoken to her but her attorneys? Or at least that is what all the commotion is about with the jail videos.

could kc be in correspondences thru mail? either by hand writting or email....Jose was approved to bring in his computer...and from the start Jose asked that all mail come thru him first......plus....while KC was out on bail...she was at Jose almost everyday all day....could she have set up something then and has continued thru mail?.....or even relayed thru Jose voice him self....back to who ever is the one doing the sale?

this is the only way i can think of that she is able to some how be able to fund the defense....unless its her parents or brother that is doing it for her....again...thru mail....

i would like to know your thoughts.....and if she is convicted....does any sale of her story or photos stop then? or can they continue if she gave permission to someone close to Jose?....but just someone not working for Jose.....can funds go thru a third party.....back to the defense team?

thank you

 

[manatee]

Just In!! other 2 decisions will be in later this afternoon!!!

Judge Rules On Motions In Casey Anthony Case
Posted: 2:13 pm EST December 16, 2009
<snipped>
A motion for protective order was granted in regards to an interview with EcuuSearch volunteer Joe Jordan.

The judge also denied the defense's motion to destroy videos of family visits.

A double jeopardy clause motion filed by the defense was also denied

Article:
http://www.wftv.com/news/21984104/detail.html

No surprises here?

please clarify the protective order ruling. the media keeps saying the defense was granted the motion. very confusing

 

[rhornsby]

please clarify the protective order ruling. the media keeps saying the defense was granted the motion. very confusing

You don't mean to tell me you think the media gets it wrong sometimes?

Seriously though, he granted the State's Motion for Protective Order as it relates to the Joe Jordan recording.

This should not be a surprise considering nobody objected to the State's request.

 

[momtective]

My very first question to Mr. Hornsby...
Are you addicted to WS yet? :rolling:

Thanks for being here you're a hellova guy!

 

[logicalgirl]

RH, thank you so much for your clear concise answers to our legal questions - extremely helpful! And the sense of humor doesn't hurt either.