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Started By
Message
re: More Courtroom Etiquette
Posted on 5/7/19 at 5:15 pm to JudgeHolden
Posted on 5/7/19 at 5:15 pm to JudgeHolden
This exchange happened in court this morning:
“It’s disingenuousness to suggest that he was fired. On the stand yesterday he clearly said he resigned.”
“I object to counsel calling me disingenuous.”
“I wasn’t referring to you, counsel. I was referring to your argument. The argument was disingenuous. I would never make such a comment about you.”
(Judge laughs)
“It’s disingenuousness to suggest that he was fired. On the stand yesterday he clearly said he resigned.”
“I object to counsel calling me disingenuous.”
“I wasn’t referring to you, counsel. I was referring to your argument. The argument was disingenuous. I would never make such a comment about you.”
(Judge laughs)
Posted on 8/22/19 at 11:50 am to JudgeHolden
LINK

quote:
On Tuesday, the criminal defense attorney and political operative filed a defamation lawsuit in Orleans Parish Civil District Court against a prosecutor over a courtroom confrontation that has already spawned a Louisiana Supreme Court reprimand. Spears is seeking more than $50,000 in damages from Iain Dover for calling him a “liar” during a routine hearing in Criminal District Court last year.
quote:
Spears’ defamation suit makes no mention of his boxing pose. But he claims that Dover spoke “with reckless disregard for the truth.” The suit alleges that the showdown and resulting publicity caused “serious harm” to Spears’ personal and professional reputation.

Posted on 8/22/19 at 11:53 am to arseinclarse
Well now that is an interesting turn of events!
Posted on 8/22/19 at 11:59 am to JudgeHolden
Discovery should be fun. He filed it pro se'.
This post was edited on 8/22/19 at 12:02 pm
Posted on 8/22/19 at 12:04 pm to arseinclarse
quote:
Discovery should be fun. He filed it pro se'.
How does that work in a deposition?
Q: Should an attorney know the rules of courtroom decorum?
THE WITNESS: I object to the form of that question. I also object for lack of foundation.
A: I don't understand the question, and I don't know.
Posted on 8/22/19 at 12:12 pm to JudgeHolden
Now's a good time to repost the Joe Jamail deposition LINK
Posted on 8/22/19 at 12:31 pm to Jim Rockford
quote:
Now's a good time to repost the Joe Jamail deposition LINK
The other attorney, Ed Castarphen, was asked about it later.
quote:
Carstarphen, reached by phone in Houston, said, "It was typical Joe," adding: "I'm not that fat."
Posted on 8/22/19 at 12:34 pm to Jim Rockford
Posted on 8/22/19 at 12:43 pm to jbgleason
quote:
It has become acceptable lately for politicians and lawyers to call others liars.
Lawyers are duty bound to do it in a more creative manner, such as, “The assertion by Plaintiff has no basis in fact.” You keep the focus on the specific statement or argument, rather than assigning a negative quality to opposing counsel.
Posted on 8/22/19 at 12:45 pm to JudgeHolden
They’d definitely fight in the heavyweight division.
Posted on 8/22/19 at 12:48 pm to Big Jim Slade
quote:
Big Jim Slade
This is gonna be my stage name if I ever decide to become a PI attorney
Posted on 8/22/19 at 12:57 pm to TBoy
quote:
Lawyers are duty bound to do it in a more creative manner, such as, “The assertion by Plaintiff has no basis in fact.” You keep the focus on the specific statement or argument, rather than assigning a negative quality to opposing counsel.
Yanna, I do believe I have just heard the most mendacious prevarication of my entire career.
Posted on 8/22/19 at 1:10 pm to jbgleason
quote:
It has become acceptable lately for politicians and lawyers to call others liars.
Most politicians are lawyers.
Posted on 8/22/19 at 1:19 pm to JohnnyKilroy
quote:
This is gonna be my stage name if I ever decide to become a PI attorney
I’m not a PI attorney, so feel free to use it lol
Posted on 8/22/19 at 1:20 pm to arseinclarse
So the DB ADA calls Spears a liar, Spears threatens to beat the liar's arse, and SPEARS is the one who files a lawsuit?
I hope someone filed a complaint against Spears as well, and we just haven't heard about it yet.
I hope someone filed a complaint against Spears as well, and we just haven't heard about it yet.
Posted on 8/22/19 at 1:33 pm to Jim Rockford
quote:
Joe Jamail deposition
Goddamn, that never fails to bring a smile to my face.
"Are you threatening to fight?"
"Hold on just a second."
"Noooo. I want to know who's side we're on... We're gonna be outnumbered, Ed."
And the immortal "That ain't your GOTdamned job, fatboy!"
This post was edited on 8/22/19 at 1:38 pm
Posted on 8/22/19 at 1:34 pm to JudgeHolden
quote:
There are two problems here. One is calling another lawyer a liar in court. You just don't do that.
Second, you are supposed to address the Court, not opposing counsel. So if you are going to call your opponent a liar, WHICH YOU SHOULD NEVER DO IN COURT, you would say it this way:
"Your honor, opposing counsel is a liar."
Why not? If the other attorney is in fact lying, why should you never call the attorney a liar? Professionalism? Please, the lying attorney isn't being professional and the practice of law ceased to be a profession a while back.
I see no problem with a lawyer pointing at another lawyer who is lying and say "he/she is lying to you, Judge."
Posted on 8/22/19 at 1:36 pm to TheCurmudgeon
quote:
I see no problem with a lawyer pointing at another lawyer who is lying and say "he/she is lying to you, Judge."

This post was edited on 8/22/19 at 1:37 pm
Posted on 8/22/19 at 1:39 pm to TheCurmudgeon
quote:
I see no problem with a lawyer pointing at another lawyer who is lying and say "he/she is lying to you, Judge."
You end up with two people calling each other liars.
This post was edited on 8/22/19 at 1:40 pm
Posted on 8/22/19 at 2:01 pm to Jim Rockford
quote:
Joe Jamail
Holy smokes...."IM TUCKER!!!!"
never gets old
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