Telles has made it vanish in the same way he vanished the DAs case – he is a legal magician and this is all a part of his plan run up the damages in his civil suit.
I absolutely do not hate the proposed Informal Family Trial Program. Ad a F.Ct. practitioner of many years (and decidedly NOT a member of the cabal). This cannot hurt. If the judge can guide the pro se through the process.
I have had dozens of trials/evidentiary hearings over the years against pro se’s and while losing has never been on the table, even once, having the opposing pro se guided through the process so that they know why they lost will be beneficial to the community as a whole.
It will also help them understand the process better, so there there is the potential that they will be more amenable to co-parenting in the future and less likely to think I am the devil. If even one family is helped by this program, it is worth it.
Agreed. The fact that BOTH SIDES must OPT-IN also mitigates most of the concerns surrounding Informal Family Law trials.
Guest
Anonymous
July 8, 2024 12:19 pm
I read the proposed rules for informal family trials, the letter of support from Pickering and Stiglich, and the order scheduling the public hearing. I’m not sure how to articulate it, but the proposed rules give me a bad feeling. The judges in family court already have so much discretion in applying the rules and the statutes, this just does not sit right. I guess I’d feel differently if we had a competent bench, but right now we’ve got judges who may or may not even know the law. We’ve got judges making findings that as long as dad hasn’t beaten mom since she fled the marital home (despite videos of the beatings mom took before she fled), dad has overcome the presumption against joint custody with a domestic violence offender. We’ve got judges giving tier 3 sex offenders who rape children unsupervised contact with minors. Do we really think this “quality” of jurist is going to fairly and effectively apply even more discretion than they already have? I do not.
Of course not. This will not solve the current problems. Nor will it improve the quality of judges across the board.
But what it will do, is help some practitioners manage the sensitivities of litigating against a pro se. I truly see some benefits for both sides and as I said, if this helps even one family have an easier go of it after the trial, then its worth it.
I could be wrong and it could be a shit show. But, I choose to have hope. I do not see how this makes it work, especially in front of the few good F.Ct. judges we have.
OP here. I’m glad someone in family court still has hope. I do not.
I do not think it will help families in general. The families who are going to be reasonable, rarely if ever go to court. The families who are not going to be reasonable will litigate for years and then go back for more. I have a client now whose ex made certain agreements on the record and then turned around and filed to hold client in contempt for doing exactly what he agreed to on the record. Not only did the judge allow the ex to get a hearing on that motion, but the judge did not even confront dad with his behavior. End result is that my client has to pay for ANOTHER opposition and ANOTHER court appearance. The family court absolutely has discretion not to even hear motions like that, much less set them for hearings/evidentiary proceedings. It’s financial abuse and I do not see how relaxing rules and giving a problematic bench more discretion is going to help. They don’t do what they’re supposed to do now.
Willick has been a proponent for many years to have D.Ct. judges actually hold clients in contempt and assessing them actual penalties and actual attorneys fees. A few of these going public and this shit will stop.
I cant stand MW as a general rule. But with this proposal, I am with him. Maybe Bloom’s new PAC will put this issue on their platform.
Ha! Of course he does. Have you seen his billing? Last case I had against him, he plundered the entire marital estate and both our clients were in bankruptcy court within a year. That guy puts on the show of do-gooder but he operates purely on self interest.
Guest
Anon Please
July 8, 2024 12:52 pm
The filling period to run for District Court 14 and 27 is still open also. I don’t think many attorneys have filed to run, and they should!
I’ve known him for many years. He is actually a pretty smart lawyer.
Considering his public presentation and some moderately lacking oral skills. But he actually has pretty good sense when it comes to application of the law and work ethic . . . . . and compassion by the bucket load.
I wouldn’t likely hire him, but depending upon his opponent, I could be persuaded to vote for him . . again.
Unrelated post – I have a client who has what appears to 5 master tapes that he picked up many years ago from an auction house in town, and the auction was actually from the “last” wife of really well-known black artist (who died decades ago).
Who in town has experience in “music” law? Looking to see what might be on the tapes, and if its something good, perhaps try to see what the client can get for these tapes on the open market.
I know a guy who used to go to auctions in town with “celebrity” items with very dubious provenance, COA’s from fly-by-night operations, and items that were, even to my untrained eye, very unlikely to be authentic.
Guest
Anonymous
July 8, 2024 1:55 pm
Looking for recommendations for a CPA to reconcile my trust account monthly and to handle general accounting issues for my firm. Would like a CPA with IOLTA experience.
It doesn’t take a CPA to reconcile your IOLTA account. Any bookkeeper with a modicum of experience can do it. My wife did all of my bookkeeping for 18 years (including all reconciliations) and she was very good at it. I have never once had a Trust Account issue. Then I hired a bookkeeper (that she interviewed) who has done it for the last 5 years. Solid bookkeepers with IOLTA experience are a dime a dozen and you can hire them contract, full-time or part time.
Using a CPA is like rowing a Barrett .50cal to the eastern shore of New Jersey in 1804.
I just want to make sure my trust account and accounting remain clean and accurate. I want the peace of mind of having a competent, qualified second set of eyes looking at it.
OP– I concur that it generally does not require a CPA to reconcile your IOLTA Account UNLESS the OBC/SBN/NSC has entered an order requiring the same. I suspect you were sensitively asking for that purpose. I am not a client but Archie McRimmon used to do IOLTA accounting and was on the SNDP so his accountings were given some weight. Other than that any CPA can handle certified reconciliations that the OBC will accept
I was not. I am embarking to set up my own shop. I want to make sure my trust account and accounting remain accurate and clean. I want the assurance and peace of a second set of eyes looking at everything.
If you are going as a solo you WILL encounter the OBC. CPAs charge very little to do what you ask and it is well worth the money. You are wise. Do not listen to those who advise against it.
Do it yourself. Period. Cut the checks yourself and sign them yourself. When you are big enough, hire a solid bookkeeper with experience (verify references and prior employment) and pay him/her the money they deserve. $25-30/an hour. Or hire a bonded (insured with PL Ins.) service that assigns you to a certified bookkeeper.
Initially, reconcile them yourself and be true to the RPC. Do not FAFO. Do not gamble. Just be diligent and smart and you will be fine. Get your taxes done by a CPA, though.
OP– my apologies for the assumption by me. Yes find a CPA with whom you can work closely. Unless and until you are big shop, IOLTA Accounting is not difficult. With that said, be the only signatory on the IOLTA Account. No office managers. No partners or associates. Office Manager can run the general/operating account. But you want to be the only fingerprints on the IOLTA. Best wishes
Zero apologies needed for being cautious. Esp in this OBC environment. But 70% of the advice given to new or prospective solos on this forum is not given by any actually successful solos but by big firm debutantes or shitty solos that have or will tangle with OBC, again and again.
Tangling with OBC does not equate to being a “shitty solo.” OBC is out of control, the legal community is in the throes of a suicide crisis and has been for years, and the BoG sits around with their thumbs up their asses. OBC is not protecting the public or the profession at this point. They are predatory. We need reform so that OBC gets sanctioned when they loose. That case that was mentioned a few weeks ago about the defense attorney getting tried was outrageous and a perfect example of my point. It’s not the “shitty solos” who are getting targeted. It’s anyone those Douglas County zealots set their targets on.
9:42 here. I didn’t say there weren’t some fine people in Tahoe and I stand corrected on the county, but the premise still stands. I’ll add that it’s fun to litigate for decades and then be told how to practice law by a clown who hasn’t ever had an IOLTA account, a private client, or a civil trial. He’s a government lawyer, sucking on the tax payer teet. Always has been, always will be.
I think that the point might have been that the “shitty solos” are the ones that get on the radar through minor to mid mistakes and get screwed. Agreed that they are the targeted and unfairly sanctioned and that OBC is heavy handed and under handed. its unfair and needs to be changed.
That said, there are loads of solos with solid reputations, clean business practices and consistently avoid the attention of the OBC and have done for years. Its not that hard.
If you wait long enough the State Bar will do it for you
Guest
Anonymous
July 8, 2024 4:08 pm
Anyone have inside information on the ongoing 60 day backlog for notary application?
Guest
Anonymous
July 8, 2024 5:12 pm
A friend just told me they had to go over an escape plan with their client for a depo in case opposing counsel starts shooting. It just made me incredibly sad that it has come to this where that is a real threat.
That’s not 100% true, but fine. Let’s all act like the behaviors that go not only unaddressed but also get rewarded by our sterling judiciary could not possibly lead to violence and miserable outcomes. Even after the horror of April, I just sat in a courtroom and watched a hearing in June where one side was clearly unhinged and engaged in absolutely unethical behavior to such an extent that opposing counsel was visibly afraid of them. The judge had allowed the case to get completely out of control and then acted surprised when the litigation devolved into chaos.
Guest
Anonymous
July 8, 2024 5:43 pm
Here is best advice I was ever given re iolta and Obc, draw up a retainer between u and a trusted family member etc , deposit an amount u b unlikely to make mistake on say 5,000. Leave it in there. If an honest mistake occurs then ur covered.
There are more ways of screwing up your trust account than just having a negative overall balance. Client A’s amount needs to balance out. Same with Clients B and C. Then the total amount needs to be in balance. Having Client C’s funds cover an insufficient amount from Client A is just as bad, although less likely to trigger narcing by the bank.
OP here. Totally agree. Some of the comments here are dumb. By the time you figure out that things don’t match up between clients like you describe, the situation is fucked up beyond recognition. This job is stressful enough as it is. I want the peace of mind knowing that my account is tight and clean and I’m willing to pay for it. I JUST NEED RECOMMENDATIONS FOR CPAS PLEASE!
Sorry, but I am not saddling my CPA with the likes of your whiny Ass.
I tried to help. If you can’t competently math out a check register, you have no business hanging a shingle.
Keep collecting that check from BigLaw. You don’t have the chops.
Dude, it isn’t that hard. The Alabama State Bar even provides Excel-based worksheets to make it easier. (Yo OBC, hear that? A State Bar that actually wants its members to do well, and provides tools instead of just acting like a massive tool.) https://www.alabar.org/trust-account-excel-workbooks/
Texting from the courtroom. Judge has a courtroom full of people for 9:15 calendar and has not managed to take the bench (or provide any explanation) by 9:50 a.m.
Does anybody know why Telles’ criminal case has vanished from the District Court website?
Still appears on Attorney Corner. C-22-368935-1
Telles has made it vanish in the same way he vanished the DAs case – he is a legal magician and this is all a part of his plan run up the damages in his civil suit.
Of course the snarky answer is that he got it transferred to Family Court where all cases disappear from the website.
You are the winner of the internet for the day.
Hahahaha
As a general rule, don’t leave your kids or pets in cars regardless of the temperature outside.
Huh…might leave the kids in the car.
Yes, but what if you have a Tesla that will keep the car cool while you are in the store?
Because that erroneously presumes that the only reason not to strand kids and pets in cars is because of heat.
Yeah but what if they’re being really whiny?
I absolutely do not hate the proposed Informal Family Trial Program. Ad a F.Ct. practitioner of many years (and decidedly NOT a member of the cabal). This cannot hurt. If the judge can guide the pro se through the process.
I have had dozens of trials/evidentiary hearings over the years against pro se’s and while losing has never been on the table, even once, having the opposing pro se guided through the process so that they know why they lost will be beneficial to the community as a whole.
It will also help them understand the process better, so there there is the potential that they will be more amenable to co-parenting in the future and less likely to think I am the devil. If even one family is helped by this program, it is worth it.
Agreed. The fact that BOTH SIDES must OPT-IN also mitigates most of the concerns surrounding Informal Family Law trials.
I read the proposed rules for informal family trials, the letter of support from Pickering and Stiglich, and the order scheduling the public hearing. I’m not sure how to articulate it, but the proposed rules give me a bad feeling. The judges in family court already have so much discretion in applying the rules and the statutes, this just does not sit right. I guess I’d feel differently if we had a competent bench, but right now we’ve got judges who may or may not even know the law. We’ve got judges making findings that as long as dad hasn’t beaten mom since she fled the marital home (despite videos of the beatings mom took before she fled), dad has overcome the presumption against joint custody with a domestic violence offender. We’ve got judges giving tier 3 sex offenders who rape children unsupervised contact with minors. Do we really think this “quality” of jurist is going to fairly and effectively apply even more discretion than they already have? I do not.
1218 here.
Of course not. This will not solve the current problems. Nor will it improve the quality of judges across the board.
But what it will do, is help some practitioners manage the sensitivities of litigating against a pro se. I truly see some benefits for both sides and as I said, if this helps even one family have an easier go of it after the trial, then its worth it.
I could be wrong and it could be a shit show. But, I choose to have hope. I do not see how this makes it work, especially in front of the few good F.Ct. judges we have.
OP here. I’m glad someone in family court still has hope. I do not.
I do not think it will help families in general. The families who are going to be reasonable, rarely if ever go to court. The families who are not going to be reasonable will litigate for years and then go back for more. I have a client now whose ex made certain agreements on the record and then turned around and filed to hold client in contempt for doing exactly what he agreed to on the record. Not only did the judge allow the ex to get a hearing on that motion, but the judge did not even confront dad with his behavior. End result is that my client has to pay for ANOTHER opposition and ANOTHER court appearance. The family court absolutely has discretion not to even hear motions like that, much less set them for hearings/evidentiary proceedings. It’s financial abuse and I do not see how relaxing rules and giving a problematic bench more discretion is going to help. They don’t do what they’re supposed to do now.
Willick has been a proponent for many years to have D.Ct. judges actually hold clients in contempt and assessing them actual penalties and actual attorneys fees. A few of these going public and this shit will stop.
I cant stand MW as a general rule. But with this proposal, I am with him. Maybe Bloom’s new PAC will put this issue on their platform.
Ha! Of course he does. Have you seen his billing? Last case I had against him, he plundered the entire marital estate and both our clients were in bankruptcy court within a year. That guy puts on the show of do-gooder but he operates purely on self interest.
The filling period to run for District Court 14 and 27 is still open also. I don’t think many attorneys have filed to run, and they should!
It may be (finally) Robert Kurth’s time.
Please no.
He checks zero political boxes.
I’ve known him for many years. He is actually a pretty smart lawyer.
Considering his public presentation and some moderately lacking oral skills. But he actually has pretty good sense when it comes to application of the law and work ethic . . . . . and compassion by the bucket load.
I wouldn’t likely hire him, but depending upon his opponent, I could be persuaded to vote for him . . again.
He is probably one of the nicest men you will ever meet.
I guess I am thick headed. Why is there a need for a special filing?
Because the vacancies occurred in those departments after the regular filing period had closed.
!6 departments, only 3 sitting males.
Kurth makes it 4
Only one person has filed in 14 Alan Lefbvere
For your entertainment.
The dumbest things a client has done to screw up their case.
Link:
https://www.msn.com/en-us/news/crime/40-lawyers-share-the-dumbest-thing-a-client-has-done-to-ruin-a-case/ar-BB1pzN5c?ocid=msedgdhp&pc=LCTS&cvid=cdf61f3fc83f44f4aad3bbc48345d10d&ei=7
Unrelated post – I have a client who has what appears to 5 master tapes that he picked up many years ago from an auction house in town, and the auction was actually from the “last” wife of really well-known black artist (who died decades ago).
Who in town has experience in “music” law? Looking to see what might be on the tapes, and if its something good, perhaps try to see what the client can get for these tapes on the open market.
Mack Reynolds.
If the artist begins with “BB” and ends with “King” then your client has potentially bought his way into litigation that is a decade and going strong.
King did not die decades ago.
Your client may not have the right to sell them, even if in possession of them.
I know a guy who used to go to auctions in town with “celebrity” items with very dubious provenance, COA’s from fly-by-night operations, and items that were, even to my untrained eye, very unlikely to be authentic.
Looking for recommendations for a CPA to reconcile my trust account monthly and to handle general accounting issues for my firm. Would like a CPA with IOLTA experience.
It doesn’t take a CPA to reconcile your IOLTA account. Any bookkeeper with a modicum of experience can do it. My wife did all of my bookkeeping for 18 years (including all reconciliations) and she was very good at it. I have never once had a Trust Account issue. Then I hired a bookkeeper (that she interviewed) who has done it for the last 5 years. Solid bookkeepers with IOLTA experience are a dime a dozen and you can hire them contract, full-time or part time.
Using a CPA is like rowing a Barrett .50cal to the eastern shore of New Jersey in 1804.
What is it that you are trying to accomplish?
I just want to make sure my trust account and accounting remain clean and accurate. I want the peace of mind of having a competent, qualified second set of eyes looking at it.
OP– I concur that it generally does not require a CPA to reconcile your IOLTA Account UNLESS the OBC/SBN/NSC has entered an order requiring the same. I suspect you were sensitively asking for that purpose. I am not a client but Archie McRimmon used to do IOLTA accounting and was on the SNDP so his accountings were given some weight. Other than that any CPA can handle certified reconciliations that the OBC will accept
I was not. I am embarking to set up my own shop. I want to make sure my trust account and accounting remain accurate and clean. I want the assurance and peace of a second set of eyes looking at everything.
If you are going as a solo you WILL encounter the OBC. CPAs charge very little to do what you ask and it is well worth the money. You are wise. Do not listen to those who advise against it.
LMAO that you think the OBC gives a shit about a CPA’s involvement.
And they usually have malpractice insurance.
Do it yourself. Period. Cut the checks yourself and sign them yourself. When you are big enough, hire a solid bookkeeper with experience (verify references and prior employment) and pay him/her the money they deserve. $25-30/an hour. Or hire a bonded (insured with PL Ins.) service that assigns you to a certified bookkeeper.
Initially, reconcile them yourself and be true to the RPC. Do not FAFO. Do not gamble. Just be diligent and smart and you will be fine. Get your taxes done by a CPA, though.
OP– my apologies for the assumption by me. Yes find a CPA with whom you can work closely. Unless and until you are big shop, IOLTA Accounting is not difficult. With that said, be the only signatory on the IOLTA Account. No office managers. No partners or associates. Office Manager can run the general/operating account. But you want to be the only fingerprints on the IOLTA. Best wishes
Zero apologies needed for being cautious. Esp in this OBC environment. But 70% of the advice given to new or prospective solos on this forum is not given by any actually successful solos but by big firm debutantes or shitty solos that have or will tangle with OBC, again and again.
Tangling with OBC does not equate to being a “shitty solo.” OBC is out of control, the legal community is in the throes of a suicide crisis and has been for years, and the BoG sits around with their thumbs up their asses. OBC is not protecting the public or the profession at this point. They are predatory. We need reform so that OBC gets sanctioned when they loose. That case that was mentioned a few weeks ago about the defense attorney getting tried was outrageous and a perfect example of my point. It’s not the “shitty solos” who are getting targeted. It’s anyone those Douglas County zealots set their targets on.
To be fair, I have a house in Stateline and there are fine people in Tahoe. Plus the Hooge Grinders are from Lincoln County.
9:42 here. I didn’t say there weren’t some fine people in Tahoe and I stand corrected on the county, but the premise still stands. I’ll add that it’s fun to litigate for decades and then be told how to practice law by a clown who hasn’t ever had an IOLTA account, a private client, or a civil trial. He’s a government lawyer, sucking on the tax payer teet. Always has been, always will be.
Not 9:47 but pretty sure that poster was making a Charlottesville reference about Douglas County citizens.
Hahaha that went right over my head. Thank you for explaining. The reference is perfection and I spoiled the joke. I’m ashamed and embarrassed.
I think that the point might have been that the “shitty solos” are the ones that get on the radar through minor to mid mistakes and get screwed. Agreed that they are the targeted and unfairly sanctioned and that OBC is heavy handed and under handed. its unfair and needs to be changed.
That said, there are loads of solos with solid reputations, clean business practices and consistently avoid the attention of the OBC and have done for years. Its not that hard.
If you wait long enough the State Bar will do it for you
Anyone have inside information on the ongoing 60 day backlog for notary application?
A friend just told me they had to go over an escape plan with their client for a depo in case opposing counsel starts shooting. It just made me incredibly sad that it has come to this where that is a real threat.
If someone is really worried about it, just do a Zoom depo.
But yes, it’s very sad. Nobody knows who is about to snap like that.
That’s not 100% true, but fine. Let’s all act like the behaviors that go not only unaddressed but also get rewarded by our sterling judiciary could not possibly lead to violence and miserable outcomes. Even after the horror of April, I just sat in a courtroom and watched a hearing in June where one side was clearly unhinged and engaged in absolutely unethical behavior to such an extent that opposing counsel was visibly afraid of them. The judge had allowed the case to get completely out of control and then acted surprised when the litigation devolved into chaos.
Here is best advice I was ever given re iolta and Obc, draw up a retainer between u and a trusted family member etc , deposit an amount u b unlikely to make mistake on say 5,000. Leave it in there. If an honest mistake occurs then ur covered.
Sorry txting left handed, bc if u make 100 honest mistake your account doesn’t go in red.
There are more ways of screwing up your trust account than just having a negative overall balance. Client A’s amount needs to balance out. Same with Clients B and C. Then the total amount needs to be in balance. Having Client C’s funds cover an insufficient amount from Client A is just as bad, although less likely to trigger narcing by the bank.
OP here. Totally agree. Some of the comments here are dumb. By the time you figure out that things don’t match up between clients like you describe, the situation is fucked up beyond recognition. This job is stressful enough as it is. I want the peace of mind knowing that my account is tight and clean and I’m willing to pay for it. I JUST NEED RECOMMENDATIONS FOR CPAS PLEASE!
Sorry, but I am not saddling my CPA with the likes of your whiny Ass.
I tried to help. If you can’t competently math out a check register, you have no business hanging a shingle.
Keep collecting that check from BigLaw. You don’t have the chops.
9:32 AM,
https://memes.getyarn.io/yarn-clip/c7b0b76c-58b1-42ed-ab5a-2b40d7212e23/gif
All the best,
OP
You could have accepted my good faith advice with grace and gratitude. (see your 905 post). Instead you got the “no”.
Dude, it isn’t that hard. The Alabama State Bar even provides Excel-based worksheets to make it easier. (Yo OBC, hear that? A State Bar that actually wants its members to do well, and provides tools instead of just acting like a massive tool.)
https://www.alabar.org/trust-account-excel-workbooks/
U are correct
Texting from the courtroom. Judge has a courtroom full of people for 9:15 calendar and has not managed to take the bench (or provide any explanation) by 9:50 a.m.
Tell Joanna I said Hi!