Sunday, October 27, 2013

Is this lawyer ethical? Is this judge guided by integrity? What about morality?

I present to you here facts embedded in my letter to help you understand. Then you will be able to judge and comment.

The lawyer is Paul R. Marcus who is a member of The Florida Bar and is practicing in Miami.
The judge is The Honorable Gloria Gonzalez-Meyer who is a County Court Judge in the County Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida.

June 18, 2007

Paul R. Marcus, Esq.
9990 SW 77 Avenue, Ph-1
Miami, FL 33156

Reference: Paul R. Marcus vs. Defendant

Dear Mr. Marcus:

On June 13, 2007, I faxed you my note bearing the following message:
Thank you, Mr. Marcus, for so promptly faxing me a copy of the Retainer Agreement you presented to the Court today. Unfortunately, you only faxed me the first three (3) pages. Please be so kind and fax me the remaining page(s) of the Retainer Agreement, including the page containing your signature and that of the Defendant. Many thanks.
You have not responded to my request.

At the trial on June 13 you represented to the Court the Retainer Agreement was duly signed by you with your signature stamp and was signed by the Defendant, your client. Though I requested to also see the Retainer Agreement following your showing the allegedly signed contract to the judge, my request was ignored by you and Judge Gonzalez-Meyer.

In an abundance of caution and based on the evidence or lack thereof, I describe your appearance before Judge Gonzalez-Meyer as dishonest and deceitful. You misled the Court in order to unjustifiably benefit materially from the Court’s ruling.

Here are some facts, for example, re the Retainer Agreement:
1. Your complaint states you represented the Defendant based on a verbal contract at $300 per hour.
2. Your response to the Request for Production re the Retainer Agreement states “Not Available at this time.”
3. Your response to the Interrogatories re the Retainer Agreement states “Same appears to have been misfiled.”

The Defendant and her mother can confirm under oath that the Defendant did NOT sign a Retainer Agreement. Will you under oath confirm your representation to the Court that you have in your possession a Retainer Agreement that was signed by you and the Defendant?

The handling of the award of costs and attorneys’ fees at the trial was improper and in violation of the Rules of Court.

Attorney fees and costs were awarded without any proof of entitlement!

This bogus trial and the resultant rulings were not based on facts with respect to the award of costs and fees. Is it now permissible for a judge to award costs and fees without requiring proof? Why are blatant lies uttered before the Court by an officer of the court neither challenged nor punished? Are we not setting a terrible precedent with devastating consequences for our system of justice? How can we have respect for our judiciary when power takes the place of justice?

One more point, Mr. Marcus. How dishonest, unethical and unprofessional is it to ask the Court for attorneys’ fees when the attorney who represented you in this case did not lift a finger?

I found it abhorrent to witness such blatant misuse of our judicial system as I observed in Courtroom 2-6 at the South Dade Justice Center on June 13, 2007. I am ashamed having to admit to others of what I witnessed. What transpired in this Miami courtroom must not be swept under the rug at the expense of the disfranchised and for the benefit of those wielding misused power.

Should unprofessional conduct by members of The Florida Bar and the Judiciary — and who are making a mockery of our system of justice — be investigated by the appropriate authorities charged with overseeing professional conduct? I think so.

By copy of this letter, I am asking Chief Judge Farina of the 11th Judicial Circuit in and for Miami-Dade County, Florida for guidance in proceeding with the disciplinary actions. I also pledge full cooperation with all entities pursuing inquiries into the issues raised.

Sincerely yours,
Heinz Dinter, PhD

Copies to:
The Honorable Gloria Gonzalez-Meyer
County Court Judge
South Dade Justice Center
10710 SW 211th Street
Miami, FL 33189-2834

The Honorable Joseph P. Farina
Chief Judge
Lawson E. Thomas Courthouse Center
175 NW 1st Avenue, Room 3045
Miami, FL 33128-1835

Here are some postcript comments and thoughts:

  • The Defendant is a single mother who turned to Mr. Marcus for help in a child support matter.
  • Do you wish to learn the many details of how Mr. Marcus carried out his representation?
  • Are there other cases Mr. Marcus has taken to the Court to seek a judgment in support of his efforts for collecting money (earned and unearned) — fees and costs?
  • How much money has Mr. Marcus contributed to the election campaign coffer of Judge Gonzalez-Meyer?
  • Why must competent judges beg for money from lawyers to finance their reelection campaigns?
  • Who will come to the rescue of SINGLE MOTHERS?


Anonymous said...

Looking forward to it.

Anonymous said...

Did the defendant appeal? What happened eventually?

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