Per accomplished litigator Hegel Laurent, who has had good success in this area, a lawyer should never file a §57.105 motion (also known as a Motion For Sanctions) unless the lawyer is ready to appeal the motion’s denial, which it will be the vast majority of the time. You do not want your reputation tarnished, which will certainly be the result of inappropriate §57.105 filings.
Litigation in the Zoom World
Prepare your client. Issues arise in virtual hearings that don’t exist where the matter is in person. A dry run is often appropriate, especially with unsophisticated clients. Centering, lighting, audio tests are all elements to be reviewed if you want the most effective presentation.
Here I repeat one of my very favorite Tips. I present it annually as the first post-Labor Day Tip. I only wish I had been there! Thank you, Judge Altonaga for sharing.
Expert Witnesses
9/8/2021
Do a thorough background check! At a DCBA Bench and Bar Conference, Federal District Court Judge Cecelia Altonaga shared a rather memorable incident which occurred in her courtroom. An expert witness gave a lengthy, erudite presentation. Opposing counsel’s first question on cross: “Does your probation officer know you are testifying here today?”
Thoughts from Robert Galamaga, experienced Miami-based litigator:
Bill,
Always enjoy reading your tidbits.
In follow up to the uncivility and hard ball tactics in depos, when one of “those” attorneys are opposing counsel, I will notice or cross-notice the deposition for a video depo. The camera has an incredible governing power on making the depo much smoother and more civilized.
Last week’s Tip about applying for sanctions gave rise to some excellent comments. Please excuse this relatively long Tip, but an email I received from Grace Casas, experienced Miami-based litigator is well worth sharing:
I usually enjoy these tips but I did not particularly like today’s. Lawyers should not be encouraged to request sanctions in the form of attorney’s fees and sanctions without understanding the full consequences of such a request. I have seen too many lawyers have their own definition of what “extreme” means in order to justify what amounts to a consistent pattern of using requests for sanctions as form to bully the other side into conceding. There is a considerable problem with civility in the legal profession and encouraging lawyers to file for sanctions contributes to the problem in my opinion.
When lawyers start becoming abusive during a deposition and refuse to show civility or abide by the rules, what I have seen that works best is to stop a deposition and file a motion to put in guidelines as to how the deposition will be conducted going forward.
Thank you, Grace.
Make sure you keep a proper pace when you are talking. Slow down, speak clearly. Don’t just look at yourself. You are in a courtroom setting. Your effectiveness as an advocate will be a function of how well you master this process.
Per Judge Alexander Bokor of the 3rd District Court of Appeal in a recent judicial panel: This is the moment for everyone to let go of their preconceived notions. This is the moment to consider: What does a trial mean? How long should a trial really take? Should you go jury or bench? Once jury trials resume is it worth it to your client to wait for your day in court as the backlog clears or is there another path to bring finality and justice sooner?
Make sure you are familiar with and carefully follow the judge’s or magistrate’s instructions on the procedure and timing of filing of exhibits.
Happy Thanksgiving. I think it is safe to say that no one alive today has experienced a Thanksgiving with the confluence of personal, business, political and spiritual challenges we face today. One positive thing about this situation: It gives each of us the opportunity to show what we are made of; how we respond to adversity. It can bring out the worst in us. It can bring out the best. We all have that choice. I wish you the strength and courage to show your best.
Per General Magistrate Robert Singer: Many attorneys who appear before him don’t have an adequate knowledge of the evidence code. Family law attorneys are susceptible and sometimes thrown off by more knowledgeable trial attorneys when they attempt to have a document admitted into evidence only to run afoul of the Evidence Code concerning hearsay. Don’t let this happen to you.
