Thursday, October 11, 2012

"Your Honor, No Pro Se Plaintiff Can Write Like This"!


 What happens when a "pro se" plaintiff dazzles you with her legal acumen and drafting brilliance?

Why of course you cry foul and accuse the pro se scribe of having a secret Christopher Marlowe:
Defendants filed their Motion asserting that it is “manifestly apparent” that an “unknown attorney” is purporting to sign and file pleadings under pro se Plaintiff’s name. According to Defendants, this “unknown attorney” is acting in such a manner to avoid the attorney admission requirements of this Court. Defendants support their assertion by claiming that the number of Plaintiff’s filings “is typical of an established law firm” and that Plaintiff’s pleadings “assert sophisticated legal positions [and], cite legal precedent and Court rules in support of such positions,” and thus “reflect the work product of a trained legal professional, or someone working under the supervision of a trained legal professional (e.g. law student, paralegal or junior associate attorney).” D.E. 125 at 5. Defendants request that this Court dismiss Plaintiff’s Complaint on the basis of this so-called fraud.
So the "evidence" consists of quality legal writing and knowledge of legal precedent and Court rules?

Maybe somebody ought to offer this person a job!

Let's see what Judge Rosenbaum has to say:
The competent quality of a party’s pleadings is not a basis for striking them. Defendants have offered no evidence that indicates someone other than Plaintiff has been filing documents on his behalf, and except for the lone mention of a law firm during discovery, Defendants have offered no evidence that Plaintiff is even in contact with someone who is providing him with legal advice.  Nevertheless, assuming for the sake of argument that Plaintiff is receiving legal advice (which by itself violates no rule), no one but Plaintiff has entered an appearance in this Court on Plaintiff’s behalf. Therefore, Rule 4 of the Special Rules Governing the Admission and Practice of Attorneys of the Local Rules of this Court is inapplicable. And in any event, Rule 4 does not provide the basis for dismissing a complaint. At most, it creates an issue for the bar regulating the alleged covertly practicing attorney. There is certainly nothing here that requires, let alone permits, this Court to dismiss Plaintiff’s case based on Defendants’ respect for the quality of Plaintiff’s briefs.
This seems somewhat obvious, don't you think?

It'd be interesting to assert the opposite -- that the shoddy quality of opposing counsel's work clearly proves that it is being ghost-written by an untrained, unwashed nudnick.

That probably happens more often.

15 comments:

  1. SFL - please tell us who the douch attorneys are that filed the motion to dismiss -

    Fucking ridiculous.

    The judge should have written:

    'And, because as defendant's recognize that Plaintiff's pleadings are all that, the relief sought in each and every one is hereby GRANTED.'

    ReplyDelete
  2. Incredible, good way to get on the Judge's s$*t list.

    ReplyDelete
  3. The attorney who filed the motion to strike/dismiss is John H. Faro, Faro & Associates, 1395 Brickell Ave., Suite 800, Miami, FL 33131.

    ReplyDelete
  4. Although not ever recognized by a court of law or statute, the practice oulined here is more commonly known as the Mistress/Girlfirend Exception (MGE) to the unauthorized practice of law. That is, an experienced attorney, usually married or in what his significant other believes is a committed relationship, gets a call from his paramour who has been sued. He tells her not to worry as he will ghost write her pleadings and make the other side squirm. The twist here is that the ghost writing is for a Plaintiff and a man at that! This is certainly a first in which the MGE has been employed as an offensive weapon. And you gotta love the Plaintiff's name: Arthur Gross, III. Another first: a Jew taking a page out of the WASP handbook to impress the hired help.

    ReplyDelete
  5. Reality check:

    Most middle and low income citizens are priced out of the legal market. Entering a court case in Florida can many times mean financial ruin.

    Any reasonably intelligent person can sufficiently understand the issues in 90% of most court cases without the need (and ruinous expense) of having a law degree.

    With today's Internet and tools like Google scholar and the availability of legal templates (which should be mandatory in most court cases) a law degree is not necessary for the vast majority of cases which are, invariably, decided on "equity grounds" whether before a jury or a judge. How many times have you seen the "law" mutated to reach a desired result and seen entirely contradictory opinions simultaneously issued (Viva la "do not publish" appellate decisions so routinely issued)

    All that is needed to make the courts accessible to many more persons is to establish minimum competency standards for persons, no matter how trained, to be able to aid others, including for a fee. Deregulate the legal market.

    ReplyDelete
  6. Neither Markus nor Rumpole will let this up, but breaking: Bob Pardo outted as the big R. No surprise there. Details to follow.

    ReplyDelete
  7. This brought me painful flashback! When I was a freshman in college I was in an English Literature class with a professor named Mackatabi; she gave me an "F" in a final and her explanation was that no one in her class could possibly write like that, therefore I must have cheated. I complained to the Dean who asked the professor if she had any evidence of cheating other than her subjective opinion. She said she did not. The Dean then asked her to review my grade; she gave me a "C". Of course I went back to the Dean and asked her to grade my final, for I could not trust this professor to be impartial; if her original evaluation was that no one in her class could write so good, I must have deserved the only "A" in a curve. Finally, the Dean did grade my exam and gave me an "A". Maybe Mr. Faro is related to Ms. Mackatabi.

    ReplyDelete
  8. Let's assume the motion was ghostwritten. So what? For a pro se plaintiff to obtain quality representation someone has to break the law! How did we come to this? Doesn't the contents of the motion stand on its own? No matter who wrote it.

    ReplyDelete
  9. Bob Pardo as Rumpole....that fits a lot of puzzle pieces.

    ReplyDelete
  10. So, the a$$hat who filed the Motion to Strike differentiates between "a trained legal professional" and "someone working under the supervision of a trained legal professional (e.g. law student, paralegal, or junior associate attorney).” Sorry to break the news to ya, Mr. Faro, but paralegals and Junior Associate Attorneys are, indeed, "trained legal professionals." Just because you have someone who outranks you at the law firm doesn't mean you are not a trained professional. It just means that you are likely younger, less experienced, and haven't had to deal with as many a$$hats as Senior Partners have (not to suggest that many Senior Partners are not a$$hats themselves).

    Besides, the Order addressing this motion is Docket Entry Number 128. Has the defendant suddently realized after that many docketed filings that Plaintiff's pleadings are pretty good? Naaahhh, he probably just told his client: "The only way the plaintiff could have avoided dismissal of his case is by CHEATING!" What a maroon!

    ReplyDelete
  11. See Fla Bar Opinion 79-7. Pro se pleadings prepared by a lawyer should say "prepared with the assistance of counsel" but the lawyer's identity need not be revealed.

    ReplyDelete
  12. Bob pardo actually IS a ticket lawyer!

    ReplyDelete
  13. Pardo is a big crim def atty handling serious cases. His age and experience fit what we think rumpole has. It all fits. Pardo indeed.

    ReplyDelete
  14. To see a loved one being handcuffed and taken away is an experience that sends shivers down the spine of even the most impervious individuals. But, what to do when you face the situation in reality.Bail Bonds providers can help save you or your dear one from this terrifying ordeal. They are well-equipped to handle the various formalities that come with the bailing process, and thus, can handle the work without much trouble.

    ReplyDelete