Wednesday, June 22, 2016

Former Chief Bunkerite David Gersten Faces 57.105 Sanctions Motion, But He Is Not Worried At All

N.B. In the clip above, all names, characters, and incidents portrayed in the production are fictitious. No identification with actual persons, places, buildings, products or the practice of "family" "law" in Miami, is intended or should be inferred.

Chief Judge Gersten - pictured above - is now a partner at Gordon Rees. He and Miami attorneys Terry Fogel and Scott Rubin, of Fogel Rubin & Fogel, represent Jorge and Alina Lopez, the adult children of multimillionaire Jose Lopez Sr., who want to annul their father's marriage to his third wife.

From the DBR:
The attorneys are all subject to a motion for sanctions by [the third wife's] attorney, Michael Schlesinger of Schlesinger & Associates, under Florida Statute 57.105, which punishes parties for frivolous court filings.

Dismissing the allegations, Gersten said lawyers increasingly abuse the statute.

"I'm not worried at all about the 57.105. It's something that seems to be going on in our community quite a bit where lawyers seem to be trying to intimidate you into backing off a case," he said. "I want to state emphatically we are not intimidated at all, and I would be shocked if any court I used to sit on, I used to sit on and preside over as Chief Judge, over which I used to decide to reverse or affirm, I have rubbed elbows with in my 30 years as a judge in this town, found any merit in any of their allegations."
I have to agree with the Chief Judge on this one: there is no room in the practice of law for intimidation tactics designed to get the opposition to back off a case. Like the proliferation of former state court judges now trying to re-enter the private practice of law as mediators or litigators and getting hired to sit at counsel table or argue before their former court, in an effort to curry favor or intimidate the other side to back off a case.
Attorneys on each side alleged their adversaries were drawing out the dispute for bigger paydays and acting in their own best interest, rather than that of Jose Lopez.
No way! Filthy Lucre. Imagine that.
Gersten is a legal heavyweight who commands $750 per hour for meditations.

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