It’s good to be passionate about your work, but not too passionate. Take the case of Stanley Protokowicz, a Maryland divorce lawyer. He represented one Thomas Sanders (his best friend), who, shortly after divorce proceedings began, learned that his wife had been having an extramarital affair. Things began to go…
On January 30, 1974, a young woman, who shall remain nameless, was arrested for prostitution. Having solicited a police officer (doh!), she sought a sentence of probation. Magistrate Judge Richard J. Rome complied. Unfortunately, he also issued the following Memorandum Decision: This is the saga of ___ ___ ___, Whose…
When the moment comes, I think it’s safe to say that most of us would prefer not to be in a public place, especially a fast food restaurant. The moment came for Henry Chai in a Wendy’s Restaurant in Montgomery County, Ohio. Now, as fast food goes, I like Wendy’s.…
Spell check, the devil’s proofreader. So you’re an attorney with a trial coming up, but are still recovering from back surgery. You want the court to continue the trial. You even have a doctor’s note! So you file a “Motion for a Continuance” with one teeny, tiny typo: Plaintiff moves…
Mr. Smith (that’s his name, really) was sentenced to 21 years for six drug offenses. He requested a new trial, fired his lawyer, and represented himself at the hearing on his request for a new trial. Mr. Smith’s “first use of profanity occurred when he used the word ‘fuck,’ apparently…
While Mr. Swinyer was in jail, [former] correctional officer Cole admitted that he assaulted Mr. Swinyer by grabbing him around the throat and shoving him against the wall in response to – what else – a “donut” comment (really). Mr. Swinyer filed suit and litigated the case himself. The docket…
I sure didn’t. I was reading through the Idaho Code (couldn’t sleep – and was almost there when I got to the definition of “mayhem”) Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures or renders it useless, or cuts…
Certainly a Judge must control the courtroom. How a Judge may do this, not surprisingly, is determined by the law. One tool is the power to hold someone in contempt. [Hint: It’s a power used, a lot, below.] According to the Supreme Court, if the sentence imposed for contempt is…
Attorneys are ethically bound to zealously represent their clients. Clients hire lawyers to do just that. And judges apply the laws as written, except those darned activist judges (which is all of them, depending, of course, on who you ask.) Down in Florida, William Grisham found himself charged with assault.…
And some folks say civility no longer exists in the legal profession. In the case of Avista Management, Inc. v. Wausau Underwriters Insurance Co., Judge Presnell (United States District Court – Florida – Orlando Division) would no doubt agree. The attorneys in the case, whose offices are in the same…