Better Off Without a Lawyer


Bill Scmalfeldt’s new attorney, Michael J. Sorich is a member of the The Illinois State Bar Association, which has a code of conduct for lawyers. Rule 3.3 is a doozy.  

You can skip everything in dark green if you just remember this:   Michael J. Sorich cannot tell a lie of fact in court documents.  If he finds out there’s a lie being presented, he has to disclose the lie.  

RULE 3.3: CANDOR TOWARD THE TRIBUNAL

      (a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

      (b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

I’m not a lawyer, since the LSAT was really tough that year, but this seems to mean that anything in the Schmalfeldt lawsuit must be truthful.  John Hoge has already found a whopper, but I’m pretty sure there are more:

From Hogewash!

The words quoted in the complaint are preceded by these—

Oh, and just an aside…by the above I do not mean to suggest in any way that

which means that the words TDFS claims are defamatory are not words that Krendler offers as being true.

I think it would be highly unlikely that any lawyer would be willing to risk Rule 11 sanctions by allowing a client to make such a false allegation.

Rule 11 of the Federal Rules of Civil Procedure says in part…

By the way, you can skip the green letters below if you just remember:  Michael J. Sorich cannot tell a lie of fact in court documents.  If he finds out there’s a lie being presented, he has to disclose the lie.

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; 

Source

One more thing: (They punish the law firm! You can skip this now.)

1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

Guess what?  All that was too long.  Most of you didn’t read it.  Bottom line:  Bill Schmalfeldt was better off without an attorney.  

For all those years we told lying lawyer jokes it turns out that lawyers need to be more honest than pro se characters typing away trying to sue the world. 

Better off without a lawyer.

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10 Responses to Better Off Without a Lawyer

  1. wjjhoge says:

    Everything is proceeding as I have foreseen.

    Liked by 6 people

  2. This Other Latin F*cker says:

    Isn’t this the problem that AyAyRon has been having with the Speedway Bomber? Shorty lies in every document while AyAyRon is scrupulously honest, much to his detriment at times.

    Liked by 4 people

  3. Cube says:

    Do I understand that the lawyer has a duty to sandbag his client for lying? That can’t be right, can it?

    Be careful what you wish for, indeed.

    Like

  4. agiledog says:

    “or later advocating it” – which means that if the lawyer doesn’t withdraw or amend the original complaint, but instead moves the case forward in anyway, he will be in violation of this rule.

    Liked by 4 people

    • We do have to give that poor lawyer a reasonable amount of time to go through that whole complaint, fact checking the whole way, so he can realize just how much of a turd he’s been handed by the court.

      I’m sure he’s not looking forward to telling his client how much of the original complaint will have to be dropped and why.

      Liked by 3 people

      • Paul Krendler says:

        Are you calling the complaint itself a turd, or is the plaintiff the turd? Or both? Because if so, then the lawyer would have been handed a turd BY a turd, which is just so meta that my poor zombie head may asplode.

        Liked by 4 people

  5. rt895 says:

    It appears to boil down to “You demand a free lawyer, you have to abide by lawyer rules. Don’t like the rules. Fine, go back to filing Pro Se. Good luck with that.”

    PS – You got your free bite at the apple, no more free lawyers will be provided.

    Liked by 3 people

  6. Truthfully (heh), Cousin Bill would be better served by not having Internet access.

    Liked by 1 person

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