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Ok I get it… ….Attorney’s are to hold themselves to a higher standard…professionalism…professional courtesy…courtroom edicate…yada yada yada! I get it I really do! But my fellow legal advocates…it really is time to take off the gloves.
In hearing after hearing defense attorneys are walking into court with the same timid attitude of sorts trying to be nice, trying to maintain their professionalism while across the table I’m seeing these foreclosure mill runners (I call them runners because they’re not even the attorney on the case just the runner appearing before the judge on behalf of the foreclosure mill) being extremely flagrant, arrogant and flat-out bully like to a large degree. And what’s of great notice is that the moment they get tripped up by the more aggressive defense lawyer, they tend to quickly tell the judge how they’re not the attorney assigned to the case and how they’re just present for the hearing and will have to check back or ask for a continuance or make the defense feel like they’ve won something by postponing the sale. Amazing how on the fly these runners are making decisions for their clients about postponements without making a call.
Quite frankly for those who know me personally I give you what you dish out. If you act like a bully I’m going to treat you like a bully. I personally don’t like these foreclosure mills and what they stand for on a moral and ethical front. I believe that any attorney that can stomach putting families in masses in the street for money is morally challenged and any lawyer that’s willing to commit fraud upon the court doesn’t deserve professional courtesy. Defense attorneys need to stop treating these foreclosure mill attorneys as their equal brothers and sisters of the profession and start treating them like enemies of the state. That may seem a bit harsh but for every homeowner that seeks assistance from an attoreny does so with a passion unseen or felt by the legal profession. Attorney’s need to harvest that same passion, translate it into legal argument and bring it right into the courtroom. Attorney’s cannot allow for families to lose their home as a matter of course through runners! RUNNERS!!! Are you kidding me! Attorney’s should be kicking their ass’s right out the courtroom down out to the street and they aren’t. They are giving them professional courtesy.
I think it’s time to get aggressive and outright scary in these courtrooms. Why should a judge take defense counsel seriously when counsel’s not bringing the passion and seriousness of the issues to the forefront? If you walk into courtrooms you will see judges laughing, you will see lawyers talking while waiting their turn and a hearing is going on. You will see judges making jokes and then saying your motion to dismiss is denied. You will be nothing short of AMAZED at how unimportant kicking a family out of their home is. Let me tell you that it’s one thing to see an adult client in front of you but it is something completely different to visit their home and see a child 4 or 5 holding a toy or a 12-year-old ask if you’re going to save his family. I recently traveled to New York on a case and let me tell you that in these judges courtroom, intimidation is not the word. NO ONE is talking in the courtroom. These judges in New York are not playing and neither are the defense attorneys. I see great passion and argument and I see judges looking squarely at the merits of the case. So why is this not happening in Florida courts?
When I see great fighting attorneys like Matt Weidner put up a post of frustration and fear that we are losing the battle I get angry and begin digging into my research box of tools, conference with law professors and attorney collegues and have strategy sessions to figure out new ways to take back the momentum. Defense attorneys need to silence the courtroom with their passion and sound legal arguments. They need to create the platform in which judges and other defense attorneys stay quiet to learn. Defense attorneys need to own the room when they’re in it and speaking and they need to spank these little foreclosure mill runners and make them run back to daddy Stern or daddy Watson. Walk into court every time knowing they’ve committed fraud. Stop being so scared to say it and use every other word you know to describe it. Say it loud…FRAUD FRAUD FRAUD!!! Move for sanctions! They’re crooks…treat them like it! Stop treating them like your equal, stop giving them professional courtesy and start treating them like they deserve to be treated!
TIME TO TAKE OFF THE GLOVES!!!