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re: More Courtroom Etiquette

Posted on 5/7/19 at 5:15 pm to
Posted by TBoy
Kalamazoo
Member since Dec 2007
27483 posts
Posted on 5/7/19 at 5:15 pm to
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)
Posted by arseinclarse
Member since Apr 2007
35297 posts
Posted on 8/22/19 at 11:50 am to
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 by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 8/22/19 at 11:53 am to
Well now that is an interesting turn of events!
Posted by arseinclarse
Member since Apr 2007
35297 posts
Posted on 8/22/19 at 11:59 am to
Discovery should be fun. He filed it pro se'.
This post was edited on 8/22/19 at 12:02 pm
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 8/22/19 at 12:04 pm to
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 by Jim Rockford
Member since May 2011
104302 posts
Posted on 8/22/19 at 12:12 pm to
Now's a good time to repost the Joe Jamail deposition LINK
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 8/22/19 at 12:31 pm to
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 by arseinclarse
Member since Apr 2007
35297 posts
Posted on 8/22/19 at 12:34 pm to
Posted by TBoy
Kalamazoo
Member since Dec 2007
27483 posts
Posted on 8/22/19 at 12:43 pm to
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 by Big Jim Slade
Member since Oct 2016
6252 posts
Posted on 8/22/19 at 12:45 pm to
They’d definitely fight in the heavyweight division.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40243 posts
Posted on 8/22/19 at 12:48 pm to
quote:

Big Jim Slade


This is gonna be my stage name if I ever decide to become a PI attorney
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 8/22/19 at 12:57 pm to
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 by LSUFanHouston
NOLA
Member since Jul 2009
40206 posts
Posted on 8/22/19 at 1:10 pm to
quote:

It has become acceptable lately for politicians and lawyers to call others liars.


Most politicians are lawyers.
Posted by Big Jim Slade
Member since Oct 2016
6252 posts
Posted on 8/22/19 at 1:19 pm to
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 by LSUFanHouston
NOLA
Member since Jul 2009
40206 posts
Posted on 8/22/19 at 1:20 pm to
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.
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 8/22/19 at 1:33 pm to
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 by TheCurmudgeon
Not where I want to be
Member since Aug 2014
1481 posts
Posted on 8/22/19 at 1:34 pm to
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 by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 8/22/19 at 1:36 pm to
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 by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 8/22/19 at 1:39 pm to
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 by DomincDecoco
RIP Ronnie fights Thoth’s loafers
Member since Oct 2018
11683 posts
Posted on 8/22/19 at 2:01 pm to
quote:

Joe Jamail


Holy smokes...."IM TUCKER!!!!"

never gets old
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