[Buckley]

No bashing. Just the facts. This just took place between 10:00 AM and 11:30 AM.

A client was removed as a corporate officer yesterday at his place of employment, and fired.

One of the managers then tried to get an temporaty injunction against repeat violence against him. The Court denied the petition. The court then noticed a hearing on the issue.

The client happened to be in my office when Corporal Garcia called him on his cell. The Corporal was looking for my client to serve him. My client had the phone on speaker. The Corporal did not believe that my client was in my office, thinking he was at his home and refusing to answer the door.

When my client insisted he was at my office, he said, and I quote, "If you don't answer this door I will arrest you and your lawyer for obstruction of justice."

My client gave the Corporal my address and said he would wait here to be served.

When the Corporal came by 45 minutes later, I inquired as to the nature of this arrest for obstruction, and the Corporal denied having ever said it. Right.

He served my client and then wanted to chat with him. I informed the Corporal that my client had nothing to say, and escorted him out of my office.

Case No. 09-001922DR N

 

[MPDC66]

Frustrating job and after hearing so many lies, tendency is to believe anyone you are trying to serve is lying about location. Gotta admit, "I just happen to be sitting in my lawyer's office" sounds pretty hokey, LOL.

Yep, unprofessional and shows why its the Sergeants who get the big bucks!

 

[capngeo]

So, can you pursue it? If on speakerphone, you, an Officer of the Court would be a witness....

I am as pro-Law Enforcement as can be, yet I also believe that weeding out the "Bad Apples" is a good thing.

 

[T.S.]

When my client insisted he was at my office, he said, and I quote, "If you don't answer this door I will arrest you and your lawyer for obstruction of justice."

Sometimes I believe they need to teach more " Common Sense " in the Academy. They need to teach how to resolve problems and situations in a " professional " manner.

If I had made that call, been advised by your client that he was in your office, and I was not convinced, I would have advised him to put his Attorney on the phone.

Once you got on the phone and you advised me that you were his Attorney, I would have gotten your name, phone number and address and advised you that it was a crime to represent yourself as an agent of the Court if you are not, and that I would arrest you and your client if the story was not true.

Then I would have asked again if you wanted to declare that you were his Attorney. If you confirmed that you were, then I would advise you that I was enroute, I'd have given you an E.T.A., and arrived at your office to serve the paper. Problem solved - paper served.

It is just all about using common sense - that simple ... :doh

 

[MPDC66]

Yep, poor proceedure and bad judgment, NOT a Federal case, IMHO.

He made the mistake of ASSUMING when he should have done as TSS suggested and , essentially said the same thing BUT in a more professional framework.

 

[Buckley]

We didn't think that there was anything to pursue.

Obstruction of justice, indeed. The threat of arrest must be used only when feasible. I think he got the point. I think he was just having a bad day.

 

[Buckley]

Sometimes I believe they need to teach more " Common Sense " in the Academy. They need to teach how to resolve problems and situations in a " professional " manner.

If I had made that call, been advised by your client that he was in your office, and I was not convinced, I would have advised him to put his Attorney on the phone.

Once you got on the phone and you advised me that you were his Attorney, I would have gotten your name, phone number and address and advised you that it was a crime to represent yourself as an agent of the Court if you are not, and that I would arrest you and your client if the story was not true.

Then I would have asked again if you wanted to declare that you were his Attorney. If you confirmed that you were, then I would advise you that I was enroute, I'd have given you an E.T.A., and arrived at your office to serve the paper. Problem solved - paper served.

It is just all about using common sense - that simple ... :doh

Perfect! I tell offficers to simply ask for a Bar number. 9 times out of 10, the pretend lawyer has no idea what that means. Real lawyers have no issues giving it out.

Agent of the Court. I like that more than officer of the court. Sounds cooler.:drinks

 

[MPDC66]

Mr. Buckley, you are a rare breed of Attorney. Making allowances for human nature, frailties and keeping it in perspective can be a very elusive thing, especially amoung a class whose egos often out argue their intellects.

Careful, you'll give your profession a good name!

 

[patrickhenry1776]

Mr. Buckley, you are a rare breed of Attorney. Making allowances for human nature, frailties and keeping it in perspective can be a very elusive thing, especially amoung a class whose egos often out argue their intellects.

Careful, you'll give your profession a good name!

Quick, somebody post an attorney jokeopcorn

 

[daytona]

I bet when he found out the guy really was at your office he had a "Holy crap" moment. :rolf

 

[capngeo]

Perfect! I tell offficers to simply ask for a Bar number. 9 times out of 10, the pretend lawyer has no idea what that means. Real lawyers have no issues giving it out.

Agent of the Court. I like that more than officer of the court. Sounds cooler.:drinks

 

[RadTek]

Quick, somebody post an attorney jokeopcorn

How many lawyers does it take to screw in a lightbulb? None....they get their paralegals to do it.


Yea, I know.....it's all I could come up with on short notice.

 

[Steve48]

Mr. Buckley, you are a rare breed of Attorney. Making allowances for human nature, frailties and keeping it in perspective can be a very elusive thing, especially amoung a class whose egos often out argue their intellects.

Careful, you'll give your profession a good name!

I don't know if I love or I can't stand it. Keep 'em coming.

 

[Buckley]

Whiskey-Tango-Foxtrot!

Client calls. He owns an auto repair shop. Truck comes by and tows a customer’s car away before owner can catch the tow truck driver. The Sheriff of Hendry County (personally) helps take the report and is unwilling to do anything about it since he doesn’t know the law, and doesn’t think the state Attorneys’ Office will do anything about it.

End of story.

 

[Fantomas]

Client calls. He owns an auto repair shop. Truck comes by and tows a customer’s car away before owner can catch the tow truck driver. The Sheriff of Hendry County (personally) helps take the report and is unwilling to do anything about it since he doesn’t know the law, and doesn’t think the state Attorneys’ Office will do anything about it.

End of story.

Hmm.... as a repair shop, your client can be assumed to have had a mechanic's lien on the car, no? Tow truck operator could be in hot water...

 

[Buckley]

Hmm.... as a repair shop, your client can be assumed to have had a mechanic's lien on the car, no? Tow truck operator could be in hot water...

Only if LE is willing to do something. Maybe we could call those Guardian Angels?

 

[Mac45]

Client calls. He owns an auto repair shop. Truck comes by and tows a customer’s car away before owner can catch the tow truck driver. The Sheriff of Hendry County (personally) helps take the report and is unwilling to do anything about it since he doesn’t know the law, and doesn’t think the state Attorneys’ Office will do anything about it.

End of story.

I'm a little confused here. Who does the tow truck belong to? Was the driver acting under instructions from the car's owner to remove the car? Was the car parked in a no parking area? Somehow, it sounds like there is more to this than reported.

 

[Paladin]

I'm glad I'm not a lawyer - all this legal stuff hurts my head.

 

[Knapper]

I knew a cop once and his position on serving papers was something between a root canal and an anal probe. He dreaded having to serve papers, and it seemed to get him in a : censored mood every time he had to do it.
Cops are people, they get pissy, and on top of that, they get lied to every ten seconds. I'm sure that was not the first time he heard 'I'm in my lawyers office right now.'
It might not be bad apple syndrome, might be something more like apathy. In his experience, that is usually a lie, and he became frustrated. Like stopping a guy without I.D. and the man saying "my name is John Smith."
I'm sure the cop would have a few choice words with Mr. Smith about what his real name is.

Besides, you guys are supposed to be adversarial!
Jess

 

[Buckley]

I'm a little confused here. Who does the tow truck belong to? Was the driver acting under instructions from the car's owner to remove the car? Was the car parked in a no parking area? Somehow, it sounds like there is more to this than reported.

We don't have a tag. The car was parked on the client's property. The gate was latched, but not locked. He learned a valuable lesson.