Defending People

the tao of criminal-defense trial lawyering

You’re Fired. No, Really. Stop Laughing.

I believe this is the first time I have ever writ­ten about a TMZ arti­cle.

Sources con­nected with the L.A. pros­e­cu­tion of Lind­say tell TMZ … Heller — who accord­ing to the New York Times has been called a “men­ace to the pub­lic” by some lawyers — sent a let­ter to Hol­ley say­ing he was now rep­ping her on all crim­i­nal matters.

Bad tim­ing on Lindsay’s part, because sources tell us … Hol­ley was lit­er­ally on her way to the cour­t­house when Heller sent his let­ter — she was try­ing to nego­ti­ate yet another sweet set­tle­ment for Lind­say in the lying-to-cops case.

Not that the press that would cover any­thing Lohan related cares, but this is really not the way things work.

A let­ter from Lawyer Two telling Lawyer One that Lawyer Two is now rep­re­sent­ing the client and Lawyer One is fired has no legal sig­nif­i­cance. Lawyer One is still respon­si­ble for the case, legally and eth­i­cally, not only until the client tells her oth­er­wise, but also until the court lets Lawyer One off the case and Lawyer Two on. 

Only the client can fire the lawyer. Momma can’t do it, hubby can’t do it, and publicity-hound lawyer sure can’t do it; if I’m on my way to the cour­t­house (do they not have tele­phones in LA?) “to nego­ti­ate a sweet set­tle­ment” when I get a let­ter from a lawyer claim­ing now to rep­re­sent the client, I either ignore the let­ter and go about my busi­ness until the client con­tacts me to tell me oth­er­wise or—if the client is a pain in the butt—call him to find out if he wishes to change lawyers.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

4 Responses to “You’re Fired. No, Really. Stop Laughing.”

  1. Brian Tannebaum says:

    Nice post. I shall book­mark it for later review

  2. Ross says:

    What hap­pens when Lawyer 1 shows the let­ter from Lawyer 2 to the judge? Will a judge get annoyed enough to tell Lawyer 2 to come on down to the court­room and explain what’s going on?

  3. Alex Bunin says:

    You just don’t under­stand the spe­cial rules for rep­re­sent­ing celebri­ties. The first lawyer who holds a press con­fer­ence has “appeared” for the defen­dant. He or she may be replaced by any lawyer (or pho­to­genic para­le­gal), who is inter­viewed by Barabara Wal­ters or has their client diag­nosed by Dr. Phil. See ET for cita­tions and authority.

  4. Tanner Andrews says:

    Celebrity rep­re­sen­ta­tion is not the only case where spe­cial rules apply. In [state], the rules tell us that you appear by fil­ing the first plead­ing or a notice of appear­ance. Explain, then, how we see so many local coun­sels for banks in fore­clo­sure — no appear­ance, no record of their names and bar num­bers any­where — and no docket clear­ing judges car­ing about the rules.

    In [state], the appear­ance rules are nei­ther civil nor crim­i­nal; they are sep­a­rated out into the Rules of Judi­cial Adminstration.

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