How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Christopher B, Esq Your Own Question
Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
84496330
Type Your Estate Law Question Here...
Christopher B, Esq is online now
A new question is answered every 9 seconds

My attorney A Esq emailed me, saying the defense per a case

Customer Question

My attorney A Esq emailed me, saying the defense per a case I filed v. my former ( S. Esq ) lawyer’s errors, omissions, malpractice & fraud, … The offending party S esq. my former attorney himself spoke during the 1st hearing, along with his hired attorney
ABC Esq. as his defense council. My petitioning attorney A esq said this is not allowed & she, A esq added comments in the notes per the statement at the end of the hearing, i.e, stating the opposing attorney S esq. spoke in the hearing, in his own behalf
. . Is my Atty. A esq . Correct? & if so Why, is my Atty. A esq., correct ? & what FL statutes apply??? or under what specific FL bar rules were broken by S Esq? I ask because I experienced my cousin's H esq. statements she is an atty. in her separate case
, she H Esq had to hire an atty.( thus H esq was not allowed to perform herself H Esq. in the action) when Petitioning the court , regarding H esq's Probate case when disputing the PR’s administration without Letters of Authority & more.
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
It's been near 30 minutes after i asked this above question, is anybody out there to help ?
Expert:  Ely replied 1 year ago.
Hello and thank you for requesting me.
Your request was originally for me, but I have stepped away from the site. This may explain the wait. I am going to opt out, and open this up for other experts. Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
My apologies for any inconvenience and good luck...
Expert:  Christopher B, Esq replied 1 year ago.
Hi I am Christopher Boyer and I will be answering your question today.
An attorney can represent himself or herself in a criminal proceeding in the state of Florida. There is no statute in particular that addresses this issue although there is case law specific to the issue. "When an attorney-defendant wishes to represent himself, the court must establish, preferably through a formal Faretta (Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975))inquiry, that the defendant made a knowing and intelligent waiver of his right to independent counsel; in so doing, the court may take into consideration the defendant's status and experience as an attorney." Butler v State of Florida 767 So.2d 534 (2000). Attorney S who did have competent counsel ABC was well within his rights to speak at the hearing even if it was in capacity as an attorney even though he did have private counsel. Case law suggests that Attorney S could even have represented himself in the case if he was an experienced attorney. So to answer your question, I do not believe your attorney is correct and I also do not believe any specific Florida bar rules were broken.
Customer: replied 1 year ago.
The case in civil court not criminal.... My former attorney S esq per my evidence, & his e mail admission breaching his fiduciary duty & my atty. client privilege of privacy ( when he admitted giving legal advice to an attorney suing me frivolously over a contract i never signed , since I was clearly in France Europe ) . So then my other A Esq is completely incorrect writing S esq can not speak on his own behalf & with his hired council. ..... is this what your saying correct? Then why did my cousin H esq hire an atty. saying she (my cousin H esq ) can't Petition // represent herself in probate court? Do you see my confusion? or are both A esq & H esq giving me false information?my former S Est did have
Customer: replied 1 year ago.
Chri Boyer E quote : " in a criminal case" I fear you based your answer upon Criminal law not Civil Court per my 2 examples regarding...... a Probate case & also a Malpractice E&O & possible fraud civil case. I see your offline. I'll go out & look for a n answer when your able.. thanks
Expert:  Christopher B, Esq replied 1 year ago.
ok, is your question in regard to attorney S speaking on his own behalf in the civil case and speaking about information that you believe is privileged under the attorney client privilege? Or is it simply that attorney S testified in the case? Or that attorney S served as his own counsel in the civil case (although he was represented by counsel, he took it a step further and essentially served as co counsel). I want to be clear before further answering your question.
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
1. S esq did speak on his own behalf. & 2. S esq argued on his own behalf along with his hired lawyer to defend .
3. No S esq did not serve 100% as his own council
Expert:  Christopher B, Esq replied 1 year ago.
So you are saying attorney S testified in the case which involved revealing information privileged under the attorney-client privilege?
Customer: replied 1 year ago.
the case I brought was triggered when my attorney Z eswq partner of S esq 6 months after S Esq gave privileged info to the Petition er suing me over my homesteded house , per a for sale on realestate was forged by my realtor who aided abetted the atty B esq sue me. Z esq made me wait 6-7 month( stalling me dilatoraly refusing to give legal advice until he cleared a possible conflcict in his partnership of 4 , per Z esq had modified & was paid to efile a defective quit claim deed) to admit S esq gave legal advice to B esq v. me.
Customer: replied 1 year ago.
Thats part of it yes S Esq argued in his own defense , not simply testified , in a pro se litigant petitioned case for Malpractice, & E&O v S esq
Customer: replied 1 year ago.
S esq argued v my pro se filing was defective not using the Word WHEREFORE in my summary clause. Thus my case was defective per procedure. & Yes S Esq admitted in writing 6-7 mahts after i was sued that he gave representation to petitioning B Esq about me, thus breaching client privilege.
Expert:  Christopher B, Esq replied 1 year ago.
1.9 CONFLICT OF INTEREST; FORMER CLIENT
A lawyer who has formerly represented a client in a matter must not afterwards:(b)use information relating to the representation to the disadvantage of the former client except as these rules would permit or require with respect to a client or when the information has become generally known; or
(c)reveal information relating to the representation except as these rules would permit or require with respect to a client.
Rule 4-1.6 confidentiality of information states "(c)a lawyer may reveal such information to the extent the lawyer reasonably believes necessary:
(2) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and client
(3) to establish a defense to criminal charge or civil claim against the lawyer based on the conduct in which the client was involved".
Therefore it is permissible for an attorney to reveal otherwise privileged information in order to defend a claim against himself.
Expert:  Christopher B, Esq replied 1 year ago.
Also to make it clear I see nothing in the Florida rules of professional conduct that preclude an attorney from representing himself pro se in a civil case. There is an adage that "a lawyer who represents himself has a fool for a client." Although I see nothing wrong with according to Florida Statute or the rules of professional conduct. It would be debatable whether attorney S was in fact representing himself and the Judge in question obviously allowed the testimony/representation of himself. This obviously doesn't mean this behavior is per se permissible but the Judge allowed it and I have found nothing to preclude it.
Customer: replied 1 year ago.
Z esq dilatory , fraudulently made me wait 7 months ( while i was being sued by B esq ) for Z esq to admit S esq breached my confidentiality 7 months prior when asked by Besq for representation. . Simply & obviously to cover up Z esq's his partner (Z esq one of 5 in the firm ) Z esq had made malpractice errors & omissions per a 9 year old quit claim deed non giving legal tilted ownership to me of a home, I cant own due to Z esq 's malpractice non joinder of a grantor 's spouse . YES the Judge did let S esq . You dodn see unethical & bar infractions here ?
Customer: replied 1 year ago.
i see your offline, thanks for showing some of the reasons how & why pe the this puzzle so far. I'l look for your response later.
Expert:  Christopher B, Esq replied 1 year ago.
Do I see bar infractions related to the actual alleged fraud? Yes, if your version of the story is correct, I do see violations and if attorney S was defending attorney Z and giving away privileged information, this is in fact a violation of the rules of professional conduct but I believe that this is not a violation if he was defending himself in the civil proceeding for the conduct involved DURING THE CIVIL PROCEEDING (when you say he represented himself). Does this make sense and am I understanding your situation correctly?
Customer: replied 1 year ago.
He & They Z, Esq & S Esq law partners, were not representing themselves, they hired ABC Esq to defend. So why did my attorney A esq. , who I begged to modify my pro se complaint v Z Esq & S esq & she chose to go to court without a modified more legalese motion layout vs Z esq & S esq. My story is correct. So no, its not simply S Esq was representing himself 100% NO. . As i believe I explained, S esq spoke out in court, while represented by ABS Esq firm . representing Z Esq & S esq for lets say 6-10 months. S esq argued in that 1st hearing that WHEREFORE was not utilized (simply the word) , when as pro se, I wrote in Conclusion at the last paragraph of my 1st motion v S & X esq's . There's More to it, my latest attorney A esq didn't have a stenographer & refused letting me sit in the hearing , saying the judge might ask me something, nor allowed me attend the hearing with her. A esq requested time to prepare per KGM's ongoing 20 years of legal representations by Z esq, My case was dismissed & not granting time to A esq. to modify. . Near 20- 30 days later i.em the final deadline day to file an Appeal, A esq didn't show up as agreed at 9am at the courthouse,. A esq did answer her phone saying to me, she had pneumonia. then she directing me to go to her friend (also friend of her disbarred atty/paralegal) , ie their friend who is a Clerk of the Court, to help me draft an appeal. The clerk introduced me to the disbarred atty who took me to A esq. Do I have a bar complaint vs A esq not S & Z esq's or B esq for calling S esq during his case vs me KGM ??? , what specific numbers of the bar code do I apply to my 25 page bar complaint?But if i may digress, simply put what bar rule was broken , by S esq? or by A esq ... I Ask because A esq said it was not allowed what S eswq said in Court. but the judge let it happen, you seem to allege words to the same effect. & i supported my question to you Christopher due to my cousin H esq once saying the same kind of thing, that she herself was not permitted by rule , to represent herself when she filed a suit v. a PR utilizing a death bed Will of RLM signed the Will under more sever ethical issues by a PR. I'm trying to comprehend how its permissible when B esq (alleged by Z esq) calls S esq, , then 7 months later S esq's firms say to me, the firm can not give any advice per my being sued due to the firms need to clear weather a conflict if there .. taking 7 months to do so at a law firm of 5 . You seem to seed it its ok so can you be more clear? It is simple bu the gamemanship of the attoeney smake it a very long story. But the 7 month delay harmed a deaf Grantor & elderly Grantor causing duress over time to say cant represent then when caught giving legal advice to B esq . Z Esq & S esq & firm took 2 weeks to allege B esq waived the conflict that B esq requested representation from S esq v. me KGM . Then represented setting up mediation with B esq then cited a 2nd conflict that I KGM stated using the word Drafted a QCG. That , a clear false statement by Z eswq, again I said Z esq e-filled , was paid for legal works , sat with a deaf disabled person when Z esq file said QCD that was found to be defective by B esq. 7 months prior to this 2nd refusal to represent due to a conflict. . This stuff killed my mother, one of 2 grantors of the QCD ... believe me.
Expert:  Christopher B, Esq replied 1 year ago.
If S attorney broke any bar rule it would be 1.9 CONFLICT OF INTEREST; FORMER CLIENT. I believe that no bar rule would be broken if the only protected information given was during S's defense of a claim by you against s. In estate law the court will require separate representation for an attorney beneficiary because there could be a conflict of interest involving other beneficiaries. This could be part of the reason regarding the difference in the situations. I see no reason why S should not be able to take part in the defense of a claim against him.
Customer: replied 1 year ago.
No S esq 's defense occurred post the B esq v. KGM case. //// The breaking fiduciary duty breaking client privilege ,occurred helping Besq defraud KGM .. KGM cited the Petitioning attorneys use of S esq by Z & Z esq for 7 months delay to represent was part of the complaint , the case KGM v. S & Z esq' firm .was not only the mere 1 issue... breaking protected info.& again IT WAS NOT during defense KGM v S & Z esq's law firm, .. The case KGM v S & Z esq's pertained to A) 7 months ( dilatory wasting clients time) & coverup using the Z & S esq firm while saying must search helped B esq heled Z & S esq firm causing harm to a KGM client of 20 year a client only to save the Z & S esq firm from liability. it was the cover Nixonian cover up per use of a probable lie if B esq ever called , B esq surely never paid Z & S esq. per B esq case KGM . The case (B.) pertained to malpractice per a defective quit claim ie a deed produced by Z esq work product, who was paid. It clearly appears Z esq made up the conflict 7 months late since Z esq had no conflict found. Z esq's reason to protect himself for a defectively producing a quit claim deed from Grantor 1. sister Grantor 2 mother Grantee the brother & same the Sister . #>) Point also, prior to mediation the judge had not dismissed Z esq as KGM's attorney. But B eswq pushed fail elderly lady & a deaf disabled daughter . But Z esq represented & set the mediation. & B esq defied a court order to mediate forcing mediation 30 days late. All written evidence forcing the sale of the homestead, loss of portability amounts, loss of creditworthiness, purposely conspired aided abetted B esq .. caused by Z S esq , conspiring with B esq. per a homestead causing a loss of $400,000 equity in a $900,000 homestead
Customer: replied 1 year ago.
i see your off line, this is geting crazy , i cant seem to get you to see the time frame & collusion, thus fraud to steal a homestead, or give you the issues that its not one simple issue , you seem to continue assuming incorrectly .
Customer: replied 1 year ago.
I'l ask again how is it my cousin H esq being an atty. can't file to remove a PR per prematurely acting as PR & lots more.....so I figured S esq can't speak in Court alongside his defense team he hired being an outside firm aka "ABC Esq's PA".
Im trying tro figure out if A esq misinformed me saying S esq cant argue & Judge T. cant do this so , then I have a complaint v the judge T. or I have a complaint v B esq, for all the alleged conspiring he may or may not have done. It's either Z esq made up the conflict to delay or B esq & S+Z esq's helped B esq conspired to beat KGM & family. To avoid liability per the defective QCD B esq found v. KGM & family. Do you get my questions? .
Expert:  Christopher B, Esq replied 1 year ago.
I had to opt out as we didn't seem to be communicating well and I wasn't quite understanding your questions. I hope you find the answer to your questions.

Related Estate Law Questions