April 15, 2004 Letters

first_img Unprofessional Advertising I enjoy the Florida Bar News and learning what is going on in my profession around the state. Furthermore, the News and Journal strive to preach ethics, which is the most fundamental topic for any lawyer practicing today.However, recently I was severely dismayed by a recent advertisement that was distributed by the News. The advertisement was for a book entitled, “Guerrilla Discovery.” I was glad to see that it was not written by a member of this Bar. What was so shocking about this advertisement is that it encourages guerrilla tactics and, specifically, recommends tactics that are contrary to this state’s rules of professionalism. It specifically encourages drafting interrogatories that, “cannot be answered by the enemy.” It talks of responding to requests for admission in such a way as to, “hand the enemy a grenade, but make sure it explodes in his hand if he tries to use it.” It also tips on how to otherwise rely on irrelevant objections and abuse the discovery process.The purpose of the Bar is to advocate professionalism, not merely as an ideal, but as the only appropriate standard. allowing such advertisements, the Bar is implicitly encouraging or otherwise indicating that these tactics are okay. Since when are other attorneys or their clients enemies? This type of practice is unprofessional, irresponsible, and should in no way be encouraged.While I am not one to normally complain or inhibit anyone’s free speech, I hold my Bar to a high standard to not sanction such hypocrisy. I am sure this was an editing oversight, but such advertisements should be screened, not to freeze commercial speech, but to avoid the promotion of that which does not advance the competency and public responsibility of lawyers. John M. Phillips JacksonvilleBedell Mock Trial April 15, 2004 Letters April 15, 2004 Regular News As a Middle District assistant U.S. attorney, I had the pleasure of Chester Bedell being an advisor. [Re: Chester Bedell Annual Mock Trial competition March1 News. ] He handled a lot of tax evasion cases. He used to bounce me off the wall as if I were a ball in a four-wall handball court. The man could ask the same question for over two hours and not be repetitious or create a valid objectionable situation.A long time ago, the federal courts did not permit discovery in criminal cases. In fact the U.S. Supreme Court specifically stated the defendant could not get an IRS special agent report, his file, or his summaries. This did not deter Bedell. He would uniformly cite a district court case from some small district in Tennessee, and the judges in Jacksonville would tell me to give Bedell what he wanted. This was ordered irrespective of the U.S. Supreme Court case and five circuit appellate cases cited to the court.One morning I was reading the slip opinions and found a Fifth Circuit case written by my district judge sitting by invitation on the Fifth Circuit. I was before this judge on Bedell’s discovery motions that same morning. This decision cited the Supreme Court case and the Fifth Circuit cases I had repeatedly cited to the court and denied discovery in a tax evasion case to the defendant.You could just imagine the size of the smile on my face when the clerk called my case for hearing. I started my argument by using a deep Southern accent similar to that of Bedell and mimicked his usual statement, “Your honor, I’ve researched this matter” and in the case of U.S. v. Blah the Fifth Circuit found the defendant was not entitled to the discovery. First the federal judge opened his eyes a little. He was about to hold me in contempt for mimicking Bedell. I told the judge “I have a copy of the slip opinion for Mr. Bedell and for your Honor.”When the judge saw the opinion he began to realize he was the author of the opinion when he was invited to hear some Fifth Circuit cases. He asked Bedell if he was familiar with the decision and Bedell replied he was not. The court announced a 10-minute recess so that Mr. Bedell could read the decision.After the court reconvened, the judge asked Bedell what he had to say. Bedell told the judge that in all due deferences to the author of the opinion, that the author was wrong and cited his famous Eastern District of Tennessee case. The judge didn’t even give me an opportunity to respond. He ruled for Bedell and told me to give him what he wanted.I left the courtroom in amazement and felt not only had Bedell hit the ball in the handball court, but he killed the ball in a corner shot. He convinced the author to rule against himself.Ultimately, discovery in federal criminal cases was changed, and Bedell was proved correct.Bedell was a Southern straw hat, criminal lawyer, who would not address an assistant U.S. attorney by name or even as being the government attorney. He always addressed me as Mr. Assistant. The man was brilliant and taught me a lot. I believe The Florida Bar annual competition, in his name, is well deserved. Samuel S. Forman North Bay Villagelast_img read more

Trikes, pedicabs, motorcycles not for public transport

first_imgThe goal, according to the governor,is to further limit the movement of people in line with the ongoing enhancedcommunity quarantine to curb the spread of the coronavirus disease 2019(COVID-19). * there shall be a shuttle servicestationed at the poblacion ofmunicipalities for quarantine pass holders commuting on a daily basis to IloiloCity; the schedule of the shuttle service shall likewise be determined by themayor. On March 27, Defensor issuedguidelines in the implementation of Executive Order No. 080. Among theguidelines were the following: Tricycles, pedicabs and motorcyclesmay only be used for private purposes such as going to the market or pharmacy,provided the user has secured a quarantine pass. Another guideline stated: “Publicmarkets shall be open everyday, provided that the schedule of market days besuspended, and provided further that only clusters of barangays shall haveaccess to the public markets (including the surrounding stalls/stores) on agiven day.” Defensor also said they may be used asservice vehicles of workers exempted by his Executive Order No. 080 (enhancedcommunity quarantine) such as healthcare workers, among others, but that thereshould be no other passengers. ILOILO – Gov. Arthur Defensor Jr. hasprohibited the use of tricycles, pedicabs and motorcycles as public transport. “The mayor shall determine theclustering of barangays and the schedule of access to the public market,”Defensor added./PN In a memorandum, Defensor urged mayorsand barangay captains to enforce the temporary prohibition. The governor then reminded localgovernment units to provide shuttle service to frontliners (people who continueworking because their job is indispensable such as those of healthcare workers,staff of pharmacies, grocery stores, gas stations, bakeries, etc.) and peoplegoing to public markets. * there shall be a shuttle servicestationed at the barangay exit point/s to transport quarantine pass holders tothe poblacion (town center); scheduleof the shuttle service shall be determined by the mayorlast_img read more

Afghanistan Notch Up Maiden Test Win, Beat Ireland

first_imgDehradun: Afghanistan registered their maiden win in the longest format of the game on Monday after hammering Ireland by seven wickets in the one-off Test here. Chasing 147 for victory, Afghanistan comfortably crossed the line on the fourth day of the contest, thanks to the 139-run second wicket partnership between Rahmat Shah (76 off 122) and Ihsanullah Janat (65 off 129). It was also Shah’s second fifty of the match as he had played a 214-ball 98-run knock in Afghanistan’s first innings score of 314. With just three runs needed for victory, Afghanistan lost Shah and Mohammad Nabi in successive deliveries before incoming batsman Hashmatullah Shahidi hit the winning boundary to hand Afghanistan a memorable win.Brief Scores: Ireland: 172 (Tim Murtagh 54 not out; Mohammad Nabi 3/36) and 288 (Andrew Balbirnie 82; Rashid Khan 5/82) lose to Afghanistan: 314 (Rahmat Shah 98,; Stuart Thompson 3/28) and 147/3 (Rahmat Shah 76, James Cameron 1/24). IANSAlso Read: SPORTS NEWSlast_img read more