While I do not want to detract from the force of these comments, any attorney knows that attorney contact so egregious can be submitted to a disciplinary board. Conduct amounting to criminal behavior that would justify a criminal complaint (and did he file a complaint with the police or contact the attorney side, which does not investigate criminal conduct and only processes completed investigations through the legal system) are clearly a basis for immediate suspension or disbarment. Why has this educated attorney not pursued the simplest route to shutting this conduct down?
This is a civil case, and it will go on for a long time (years in battery cases). Do not expect a quick resolution, and give Moss his day in court (which I expect will never come as this case will be dismissed or dismissed by settlement). None of this dirt is relevant and gag orders can be placed on irrelevant material discovered to prevent public disclosure.
I'm looking for a single correct thing in your post, and, while I respect your view, I still haven't found it.
1) If you believe a crime has been committed, you report it to criminal authorities. This what DiPiero did.
2) The conduct may also be reported to the Florida bar. And, for all we know, it has been. But your comment that the lawyer's conduct is "clearly a basis for immediate suspension or disbarment" is just flat wrong. There is no such thing as "immediate suspension or disbarment." Even for much more egregious violations. Bar complaints and lawyer discipline are long, drawn out processes in which the lawyer is entitled a full chance to respond and a hearing before he can be disciplined. The Florida bar would first conduct its own investigation. (Bars have their own versions of prosecuting attorneys.) That alone can take up to a year or more. The bar of Florida is not going to immediately "disbar" anyone. The policy implications of doing so would be horrible. Every lawyer in every case would start flying in with allegations about his opposing counsel to get them off a case. The thing to do when a lawyer acts in a criminal manner is report it to criminal authorities who can move much more quickly than the state bar, which is glacial by comparison.
3) You say, "This is a civil case, and it will go on for a long time (years in battery cases)." You seem to be confused about the difference between filing a tort or personal injury case (which she has NOT done) and filing an application for order of protection (which she HAS done). An application for order of protection MUST be heard within 15 days -- a full hearing. It's not like an ordinary civil trial. Either a hearing has to be held on Jan. 28 at which Moss can be heard, or she will have to dismiss her complaint. And a decision will be reached immediately on Jan. 28, or the next day. (The injunction actually expires on Jan. 29, so the judge gave himself an extra day if he needs it.)
4) Finally you say, "None of this dirt is relevant and gag orders can be placed on irrelevant material discovered to prevent public disclosure." Actually, again, no and no. In an order of protection case the "dirt" stuff is highly relevant. Particularly claims about weapons. Similarly, these are public proceedings and rarely, if ever, sealed or closed to the public. There is a heavy presumption of public access to judicial proceedings, and they are virtually never closed unless there are trade secrets involved.
I say this gently and with good humor, but leave the legal discussion to the professionals. Everyone says they hate us lawyers, why does everyone want to act like one?
