Chapter 4 of the Rules Regulating The Florida Bar
Excerpts from the Preamble: A Lawyer’s Responsibilities ~
“No disciplinary action should be taken when the lawyer chooses not to act or acts within bounds of such discretion…. The rules simply provide a framework for the ethical practice of law….. Violation of a rule should not give rise to a cause of action nor should it create any presumption that a legal duty has been breached…. They are not designed to be a basis for civil liability…. Accordingly, nothing in the rules should be deemed to augment any substantive legal duty of lawyers or the extra-disciplinary consequences of violating such duty.”
As one can see, these rules have very little significance in relation to the ethical conduct of members of The Florida Bar and Florida lawyers’ implied duty to the public as officers of the Court. What the rules seem to give, the preamble nullifies with a few skillfully crafted sentences carefully embedded within it. Therefore, these rules are apparently nothing more than window dressing to disguise an ugly and vile commercial industry that reaps its rewards from the miseries and misfortunes of others. The Rules of Professional Conduct appear to be a cruel hoax upon the public which gives clients a false impression that the practice of law is honorable and ethical. The Supreme Court of Florida approved every word contained in these rules. So, who do you believe the Court is really trying to protect–the client or the Florida lawyer?
If you feel the need to file an official complaint with The Florida Bar against a Florida lawyer, click here to get the official form. This form is in Adobe Acrobat Format (PDF) so almost anybody can print it using their own computer and printer. It is certainly a lot easier than getting someone at The Florida Bar to mail one to you. Use the free Adobe Acrobat Reader software to print it or any other PDF document you encounter. Download Acrobat Reader here if you do not already have it on your computer.
Before filing your complaint you should peruse the Rules of Professional Conduct and pick out the particular rules that were violated. Cite the specific rules violated in your complaint and describe how they were violated. Keep your complaint reasonably short and stay on point. Attach additional pages and copies of documents, etc. that will help illustrate the rule violations. It does no good to rant and rave even though it may feel good at the moment.
Good luck!
If you need to file a judicial complaint against a Florida judge or judicial officer clickHERE.
With the Bench Cozied Up to the Bar, the Lawyers Can't Lose
By ADAM LIPTAK
Published: August 27, 2007
Dennis G. Jacobs, the chief judge of the federal appeals court in New York, is a candid man, and in a speech last year he admitted that he and his colleagues had ''a serious and secret bias.'' Perhaps unthinkingly but quite consistently, he said, judges can be counted on to rule in favor of anything that protects and empowers lawyers.
!!!BEWARE OF THESE PSYCHOLOGISTS!!!
RESPONSIBLE FOR PROVIDING A FLAWED PSYCH EVALUATION TO THE HONORABLE JUDGE MARIA ESPINOSA DENNIS OF THE 11TH JUDICIAL CIRCUIT IN/FORMIAMI-DADE COUNTY, FLORIDA
Dr. Julio & Laura Vigil
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HOW DID CHILDREN OF DIVORCE GET STUCK WITH THE VISITATION PLAN THAT AFFORDS THEM ACCESS TO THEIR NON-RESIDENTIAL PARENT ONLY ONE NIGHT DURING THE WEEK AND EVERY OTHER WEEK-END?
ReplyDeleteWhat is the research that supports such a schedule? Where is the data that confirms that such a plan is in the best interest of the child?
Well, reader, you can spend your time from now until eternity researching the literature, and YOU WILL NOT DISCOVER ANY SUPPORTING DATA for the typical visitation arrangement with the non-residential parent! The reality is that this arrangement is based solely on custom. And just like the short story, "The Lottery," in which the prizewinner is stoned to death, the message is that deeds and judgments are frequently arrived at based on nothing more than habit, fantasy, prejudice, and yes, on "junk science."
This family therapist upholds the importance of both parents playing an active and substantial role in their children's lives----especially in situations when the parents are apart. In order to support the goal for each parent to provide a meaningfully and considerable involvement in the lives of their children, I affirm that the resolution to custody requires an arrangement for joint legal custody and physical custody that maximizes the time with the non-residential----with the optimal arrangement being 50-50, whenever practical. It is my professional opinion that the customary visitation arrangement for non-residential parents to visit every other weekend and one night during the week is not sufficient to maintain a consequential relationship with their children. Although I have heard matrimonial attorneys, children's attorneys, and judges assert that the child needs the consistency of the same residence, I deem this assumption to be nonsense. I cannot be convinced that the consistency with one's bed trumps consistency with a parent!
Should the reader question how such an arrangement can be judiciously implemented which maximizes the child's time---even in a 50-50 arrangement----with the non-residential parent, I direct the reader to the book, Mom's House, Dads House, by the Isolina Ricci, PhD.
Indeed, the research that we do have supports the serious consequences to children when the father, who is generally the non-residential parent, does not play a meaningful role in lives of his children. The book, Fatherneed, (2000) by Dr. Kyle Pruitt, summarizes the research at Yale University about the importance of fathers to their children. And another post on this page summarizes an extensive list of other research.
Children of divorce or separation of their parents previously had each parent 100% of the time and obviously cannot have the same arrangement subsequent to their parents' separation. But it makes no sense to this family therapist that the result of parental separation is that the child is accorded only 20% time with one parent and 80% with the other. What rational person could possibly justify this?
“Relationship Estrangement and Interference is a form of Domestic Violence using Psychological abuse.”
Delete~ Joan Kloth-Zanard of PAS Intervention.
www.pas-intervention.com
PAS Intervention stands for Parental Alienation Support and Intervention. It is an International Non-profit organization to End Child Abuse and Parental Alienation
PRO SE RIGHTS:
ReplyDeleteBrotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.
Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.
Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."
NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."
Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."
Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).
Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."
Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."
Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."
Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."
By Darby Jay @ Target Children Parents Relatives Society
ReplyDelete"I am a father...Not a deadbeat...Not a coward...Not a man that runs away from being a father, or a deserter of my own flesh and blood. Not a sperm donor or a court appointed ATM, but a Father in the purest form of the word. And while choosy “Moms choose Jif”; I sit, at 3:05 am holding the hot hands of a sick 7 year old princess. But that’s my job. Because...I am a Father.
I would speak to my daughter while she was in utero. She would respond with little kicks and from the womb...we interacted, and hadn’t even seen each other yet. When you immediately accept that, even before your child takes its first breath, you are already a Father; you immediately begin to bond with your child. (I am a Father)
The Family Law Court System as a whole, and it’s Judges, destroy the lives of children and in turn entire families by violating a Father’s right to "Due Process" and "Equal Protection" under the law. But we’ve known that for decades. Anyone that thinks or believes that there is "Due Process" for Fathers in the Family Law Court System should be placed in a padded room and heavily sedated. Why is it ok for Fathers to miss their children? Why is it ok for a Father to be sick and wrapped in worry? Why is it permissible for “Non Custodial” parents to start legal proceedings at an immediate disadvantage? Why is there no legislation in place to safeguard Fathers that are being swept in amid the men that make us all look bad? We are judged before the first hearing? It physically hurts on days (that) I don’t have my daughter with me. “DEPRESSION HURTS!” as the commercial for anti-depressants says...right? (It hurts because...I am a Father.)
Ask yourself, what parent wouldn’t be stressed sleepless concerned about their child? Therefore forcing time away from a parent and child would reasonably cause a great deal of stress and worry.. .to truly say the least. But the Family Law Court (and) its Judges are far from reasonable. Now, just imagine that you’re sitting at your desk at work, and two armed Sheriffs approach the receptionist’s desk, then your intercom buzzes, and you are then summoned to the front desk The Sheriff asks you for your name. And then politely informs you that you have been served with child support papers. And that’s just the beginning. Keep in mind that you are the same father that went through the entire pregnancy, CPR classes, ultrasounds, the Birth...ya know Dad stuff. For the record, (a sidebar really); Any man that has stood side by side, each day and night for nine months with a hormonal, morning, noon and night vomiting, habitual mood swinger knows that Fathers don’t exactly have it easy during a nine month pregnancy either. Weather you are an amazing Father, or a deadbeat looser, Family Law Court will filter your life through Hell all the same. I am a Father.
With no criminal record, never been arrested, no history of violence, domestic or other; At what point did I ask to be Non-Custodial.? There is nothing “Non-Custodial” about me! I have never needed a Court's Order to care for my Daughter. Since when have I not been a Father? I clinch my fist and grit my teeth while, the very system set in place to protect our families not only fatally fails, but spits in my face and violates my rights." (I AM A FATHER!)
"There is no system ever devised by mankind that is guaranteed to rip husband and wife or father, mother and child apart so bitterly than our present Family Court System." -Judge Brian Lindsay Retired Supreme Court Judge, New York, New York
"What Social Services is good at is removing "Power" from people. When this is accomplished, then there go choices." -Mr. Sharles Johnson
FLORIDA TODAY - OPINION
ReplyDeleteWritten by Gordon E. Finley, Ph.D., Miami
While I applaud columnist Paul Flemming for a sound review of the issues in Saturday’s “Alimony bill will be great — for lawyers,” his bottom-line conclusion is dead wrong.
The proposed state alimony reform bill will reduce litigation, not increase litigation. A bit of history: For years, the divorce vultures (a.k.a., the Family Law Section of the Florida Bar) have conned the Florida Legislature into writing divorce legislation that maximizes litigation and thus maximizes their income. In part, they have accomplished this by maximizing judicial discretion, which in practice means endless conflict and, of course, endless paid litigation.
No matter what they may say, the divorce vultures are interested only in one thing — maximizing their income.
I can irrefutably demonstrate this point with Flemming’s own words: “Thomas Duggar, an attorney in Tallahassee and a member of the Florida Bar’s Family Law Section, said last week at a Tallahassee Bar Association meeting that the section has a $100,000 war chest to sway public opinion against the legislation.”
Do your readers honestly believe they are spending all this money so they will lose income? The divorce vultures get the message in terms of what alimony reform will cost them — and save the children, fathers and mothers of divorce. I regret Mr. Flemming did not do the same.
Full Disclosure: I am an alimony-paying divorced father of two young adult daughters and retired university divorce researcher with multiple research and scholarly publications on this topic.
OPINION: Lucrative divorce industry stands between divorced parents and kids
ReplyDeleteOne lawyer advocating against change billed $370,000 in one custody case.
I want to thank The Daily Republic and its staff this past legislative session for covering a very tough subject: kids’ right to as much time as possible with both parents in a divorce (i.e., shared parenting) in South Dakota.
While the bill failed again this year, we hope for continued support, because this issue isn’t going away. Our current standard placement model is keeping great parents and extended family out of our kids’ lives, and the laws are out of date and creating more problems than they solve.
What will it take to bring about change? That’s tough to answer, because the divorce industry has quite a stranglehold on the Legislature.
The State Bar Family Law Committee gives the recommendations for the visitation guidelines to the state Supreme Court. The people who should be giving these recommendations are not attorneys, but rather therapists, teachers, counselors and psychologists. Unfortunately, many noncustodial parents don’t have the money to fight these rulings made by these guidelines and many judges rule in accordance with the guidelines, because that’s what they believe the Supreme Court says is best.
Only five spoke out this year against the Kids Need Both Parents bill in committee: three attorneys, the State Bar and a domestic violence group. All of them stand to financially lose if parents are granted more equal time with their children in a divorce. The scare tactics of how terrible it would be to presume it is in a child’s best interest to have as much time as possible with both parents were atrocious, and at best were decades-old arguments that, across the nation, state by state, others are realizing couldn’t be further from the truth.
Rapid City attorney Linda Lea Viken, a member of the State Bar’s Family Law Commitee, was among those to testify against a rebuttable presumption of involving both parents equally at a time of divorce and said “the system works fine as it is.” Viken, in one custody case alone, billed more than $370,000 (Schieffer v. Schieffer) just this past year.
Why would someone who can make quite a living off conflict in a custody case thanks to our current adversarial system want anything to change? Very few parents who want equal and meaningful contact with their kids can afford $370,000.
Viken lost in Schieffer v. Schieffer, with the state Supreme Court apparently seeing the benefit of more equitable parenting time for both parents when there are two fit parents.
So, what will it take for our circuit court judges to start extending these same benefits to a family at the initial time of divorce, not after they’ve financially given up everything to fight simply for fair time with their kids? And when will the Legislature begin listening to the growing voice of their constituents asking for change, versus the few voices of a financially lucrative industry?
In South Dakota as a whole, we are good people, and generally speaking, the parents of our children are great parents, so why in divorce do we assume one parent gets four days per month as stated in the visitation guidelines? It is time to stop treating every custody case in South Dakota as if one parent is a drug-abusing child molester and start assuming we have two good, stable, loving parents and then decide what is best for the child.
Mitchell’s own Sen. Mike Vehle has argued against shared parenting, comparing some parents in South Dakota to Charlie Sheen and comparing divorce to the Middle East conflicts.
Yet there is not one study in the past 30 years that says an every-other-weekend or four-days-per-month custody schedule for noncustodial parents is good for kids, and that is what South Dakota’s system is still based upon.
— Casey Wilson, of Flandreau and formerly of Plankinton, has been a leader in the effort to pass legislation known as the Kids Need Both Parents bill.
Michael warren.. my daughter was under knees the diagnostic of this incompetent psychiatrist was biased to the miami-dade court system my daughter was almost murdered and suffered severe mental trauma physical abuse sexual abuse she needs to be exposed
ReplyDelete