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kpete

(72,902 posts)
Tue Aug 23, 2022, 10:48 AM Aug 2022

Maybe don't ask the parking garage lawyer to file your federal motions.

More filing problems for Trump legal team in its FBI search lawsuit.


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Maybe don't ask the parking garage lawyer to file your federal motions. (Original Post) kpete Aug 2022 OP
The Florida lawyer isn't the parking garage lawyer - that's Alina Habba, Ocelot II Aug 2022 #1
Okay PJMcK Aug 2022 #2
"Hac vice" is a latin term... Omnipresent Aug 2022 #3
Apparently, pro hac vice means: unblock Aug 2022 #4
Thank you PJMcK Aug 2022 #8
Somebody should put his head in PCIntern Aug 2022 #10
Ya and isn't court procedure taught in pre-law, yaknow, LIKE MATH? Volaris Aug 2022 #19
Well, in fairness, procedure varies for jurisdiction to jurisdiction unblock Aug 2022 #22
I thought there were a set of procedural court rules that were universal across Volaris Aug 2022 #23
There's a standard, sure. But also differences from state to state. unblock Aug 2022 #24
When an attorney appears in a case gratuitous Aug 2022 #5
Thanks for the explanation PJMcK Aug 2022 #7
I've participated in cases in perhaps a dozen states Ms. Toad Aug 2022 #11
It's a routine filing for anyone with experience gratuitous Aug 2022 #12
I couldn't tell why it was rejected. Ms. Toad Aug 2022 #13
I looked that up. EndlessWire Aug 2022 #17
In media stories, that's true gratuitous Aug 2022 #20
That Judge was pissed, and told them to do it over! EndlessWire Aug 2022 #16
Thought I heard this is a very conservative, Trump Deminpenn Aug 2022 #18
This makes me smile LetMyPeopleVote Aug 2022 #15
This filing is really stupid LetMyPeopleVote Aug 2022 #6
the clear front runner should he decide to run treestar Aug 2022 #9
Here is another screw up LetMyPeopleVote Aug 2022 #14
Trump better call Saul! harumph Aug 2022 #21
M. Trusty or M. Not Trusty? FSogol Aug 2022 #25

Ocelot II

(130,568 posts)
1. The Florida lawyer isn't the parking garage lawyer - that's Alina Habba,
Tue Aug 23, 2022, 10:54 AM
Aug 2022

who is objectively terrible while also managing to be obnoxious. The Florida lawyer, Lindsey Halligan, handles insurance claims and has never appeared in federal court before. The numpty who signed the receipt for the stolen documents at Mierda Loco is Christina Bobb, a former OAN host. What they all have in common, besides being exquisitely unqualified to handle the kind of unholy messes TFG gets himself into, is that they are attractive young women whose appearance on TV impressed him. https://www.mediaite.com/trump/trumps-legal-team-includes-a-former-oan-host-a-lawyer-for-a-parking-garage-company-and-kash-patel-selling-tank-tops-and-beanies/

PJMcK

(25,050 posts)
2. Okay
Tue Aug 23, 2022, 10:56 AM
Aug 2022

How about explaining this.

“Hac Vice”?

Sure, Trump has lousy lawyers but your post is vague and uninformative.

unblock

(56,199 posts)
4. Apparently, pro hac vice means:
Tue Aug 23, 2022, 11:11 AM
Aug 2022

Not licensed to be a lawyer in that jurisdiction, but allowed to act as one anyway in a particular case.

So I guess to have to ask the court's permission for this. Of course, if you're going to ask to be act as a lawyer without the proper license, it behooves you to at least get the procedure right...

Volaris

(11,718 posts)
19. Ya and isn't court procedure taught in pre-law, yaknow, LIKE MATH?
Wed Aug 24, 2022, 05:19 AM
Aug 2022

IANAL, but seems to me that stuff would be drilled into your head from year one classwork, so you don't act like an ass turning in class papers lol...

unblock

(56,199 posts)
22. Well, in fairness, procedure varies for jurisdiction to jurisdiction
Wed Aug 24, 2022, 11:17 AM
Aug 2022

Because of this, I think many law schools actually do *not* go into much detail in terms of how to fill out paperwork and such.

Also, in the case of a pro hac vice, someone by definition is asking for permission to act as a lawyer in an unfamiliar jurisdiction, so naturally they're not going to be fluent in the particular procedures of that jurisdiction.


That said, if you're asking for permission to do that, studying up on procedure and getting it right is majorly important. I mean, botching proper procedure is not at all a good way to convince a judge you're as good as someone who is properly licensed in that jurisdiction.


Side note, joe Pesci goes through this process in "my cousin Vinny". I don't recall if they used the term though.

Volaris

(11,718 posts)
23. I thought there were a set of procedural court rules that were universal across
Wed Aug 24, 2022, 01:23 PM
Aug 2022

Differing jurisdictions?

unblock

(56,199 posts)
24. There's a standard, sure. But also differences from state to state.
Wed Aug 24, 2022, 01:47 PM
Aug 2022

And individual courts may put their own mark on things if they think it works better for them or is more proper.

It's unclear if, in this case, something was done that would be considered incompetent in any jurisdiction, or if they merely got tripped up by an issue unique to that court.

My money is on general incompetence but i can't be certain.

gratuitous

(82,849 posts)
5. When an attorney appears in a case
Tue Aug 23, 2022, 11:15 AM
Aug 2022

Ordinarily, attorneys practice in the states and federal districts where they are admitted to practice law. Sometimes, however, they appear in cases outside the jurisdictions they're admitted to practice in. This can happen for any number of reasons, such as their expertise in a certain area of law. In order to practice in that other jurisdiction, they file a motion with the court asking to be admitted "pro hac vice," a Latin phrase roughly translated as "for this occasion only."

Different jurisdictions have different requirements for admitting an out-of-jurisdiction attorney to appear in a case, but the usual ones are that they are an attorney in good standing in their own jurisdiction(s), they carry malpractice insurance, and they associate with an attorney that is admitted to practice in this other jurisdiction. The native jurisdiction attorney has a responsibility to make sure that the pro hac vice attorney follows all local rules, is aware of special deadlines and practices in the other jurisdiction, and so forth.

What the story is with the former guy's filing looks to me like a slap-dash effort thrown together at the last minute by people who don't know what they're doing. Most litigants would be embarrassed for their lawyers to have done such a piss-poor job.

PJMcK

(25,050 posts)
7. Thanks for the explanation
Tue Aug 23, 2022, 11:46 AM
Aug 2022

I’m a musician, not a lawyer so I appreciate your taking the time to explain the OP.

Ms. Toad

(38,648 posts)
11. I've participated in cases in perhaps a dozen states
Tue Aug 23, 2022, 12:10 PM
Aug 2022

(as a lawyer for a corporation with a national & international presence). I've never been denied a motion to be admitted pro hac vice, and I don't recall any of the opposing counsel (or others on my side) in any of those cases ever being denied either.

At least in my experience, this is unusual.

gratuitous

(82,849 posts)
12. It's a routine filing for anyone with experience
Tue Aug 23, 2022, 12:18 PM
Aug 2022

On another post, they have a screen shot of the court's order rejecting the application. It looks to me like they didn't use the correct form, and I don't see that they had any attachments or exhibits showing that the applicants are members in good standing of their own bars, or that they are carrying malpractice insurance.

Also rather egregious to me is their persistent naming of their client at President Donald J. Trump (not "former President," just "President" ). He ain't the president, guys.

Ms. Toad

(38,648 posts)
13. I couldn't tell why it was rejected.
Tue Aug 23, 2022, 12:27 PM
Aug 2022

But I loved the point to the sample forms - hint-hint - we're treating you like a pro se litigant. (I'm sure it's standard language, but I'd be embarassed to have the court point me to samples I could use to model my motions on.)

I also noticed the lack of the word former. In informal talk it is pretty common to omit part of the title. We talk about President Obama, for example, without using the word former. I was (still am even after retirement) addressed as Dean, rather than my formal title which was Assistant Dean. My grandfather was addressed until his death as Senator - 20-ish years later. BUT - in legal documents or formal communications, accuracy is critical. He is not President Trump. He is former President Trump. (And if I were opposing counsel, I'd even drop "former President" and might even define "former President Donald J. Trump" as Donald. Usually I'd use the last name to make him less personal - but I suspect he'd be more annoyed by being referred to as Donald. But that's just me being petty.)

EndlessWire

(8,103 posts)
17. I looked that up.
Wed Aug 24, 2022, 03:26 AM
Aug 2022

Former Presidents are properly referred to as President So-and-so or Mr. President. It annoyed me, too.

gratuitous

(82,849 posts)
20. In media stories, that's true
Wed Aug 24, 2022, 10:44 AM
Aug 2022

But not in court filings. The former guy is not the president and has not been the president during the time at issue here.

EndlessWire

(8,103 posts)
16. That Judge was pissed, and told them to do it over!
Wed Aug 24, 2022, 03:19 AM
Aug 2022

That IS embarrassing. And, she wanted to know why they didn't go to the other Judge! LOL.

So, Friday there will be more.

Deminpenn

(17,518 posts)
18. Thought I heard this is a very conservative, Trump
Wed Aug 24, 2022, 05:18 AM
Aug 2022

appointed judge, too, and her confirmation was pushed through during the lame duck senate session of 2020.

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