Opinion Requested: Is this appropriate attorney behavior?

Is the below demand appropriate behavior when an attorney needs to continue a matter due to an injury that has been verified by a doctor?

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Explain why or why not by responding to this email and leave your thoughts.


UPDATE 11/6/18:  Motion for Continuance argued by my associate, Caryn Stevens, was granted without having to disclose my medical file!  


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17 thoughts on “Opinion Requested: Is this appropriate attorney behavior?

  1. George S Franklin

    Personally, I would file a motion for protective order with the court and set it for telephonic hearing, as apparently opposing counsel refuses to accept a notice of unavailability, and let that counsel explain his lack of professionalism to the judge.

  2. Donna Goldman

    I’ve seen these disgusting practices myself always from the same attorneys and all of the other attorneys know these “certain attorneys.” Isn’t there a “list” of “those attorneys” that you and your attorney friends could likely all agree immediately who belongs on it. I have some other thoughts about what types are on the list but I don’t feel I can type that out here.
    Those “certain and same attorneys” who consistently engage in unprofessional and uncivil(ized?) practices towards their colleagues for kicks.
    I think that is part of the reason why the Bar changed it’s rule to include unprofessional conduct not just unethical conduct. I don’t know if this gets you there or if that is where you think your client should go…. After all, it ultimately hurts the client.
    The other party deliberately hired that certain type of attorney (and the other party is probably similar to that attorney’s personality, too). I won’t take cases when those attorneys are on them anymore. I’m over it after 29 years of that B__S___. You just to have to deal with him or her. The court should sanction the attorney almost like a 57.105 rule but I don’t think it exists at this level. IMHO, judges rarely punish the offenders and they just keep getting away with it. I wouldn’t give the attorney anything. Can’t you just do a telephonic continuance? Actually, I have a bad back and all of a sudden I couldn’t walk so I just overnight, late on the night it really happened, personally sent out an email from my home computer and titled it something like Sudden Medical Emergency in bold and all caps and so on. Then I had it on record without efiling though I thought about efiling but I’d have to do so much more than the email. Everyone cooperated. So what happened?

    PS I hope I didn’t ramble to the point of idiocy. I just “feel” ya!

  3. Diana Farhat

    No, it’s not appropriate behavior. It’s unfortunate that opposing counsel does not realize just how unprofessional he/she is being. I was seeing a lot more of this type of behavior, but lately it seems the pendulum is swinging back to civility. Or maybe it depends on where in Florida you practice(?) Things happen. Karma. One day they will need a continuance too.

  4. Robert Shalhoub

    You upset somebody in your sandbox my friend.!!!!

    I want you do confirm that this person is not a member of the inns of Court….. Please……….. Then, there is the professionalism committee in town.

    Sorry you had to experience something like this ,however, they need to be exposed………………. RMS

  5. Rae Franks

    Honestly, I believe someone with your reputation should not be required to provide “sworn” documents- you are a stellar officer of the court. I can’t see doctors executing “sworn” documents of this type. Also how does at home work on billing equate to being able to appear in court? Obnoxious at lest. Telephone hearing at least, or someone from office to cover. This happened to a friend whose son had passed away and opposing counsel refused to believe this and we had a very heated phone conversation about this. That was REALLY low.

  6. Bennett S. Cohn

    The lack of courtesy and lack of professionalism which abounds in our county should not come as a surprise to anyone any more. No, you do not need anything sworn to. I would attach a doctor’s letter, written on his stationary and attach same to an appropriate motion. Then I would have one of your associates handle the hearing. I don’t believe I would appear by telephone as no else in the courtroom needs to hear the details of your situation.

    • Donna Goldman

      You could do a telephonic continuance motion. Here in dastardly (just kidding) Broward, that’s accomplished in a day unless the court just has the JA call and grant it. I suppose it needs to be verfied if you want the court to perhaps rule without a hearing. When is this issue u”up” for hearing? Don’t foget the ultimate story – what happened?

  7. Elinor Smith

    Whoa–sounds like some serious issues between the attorneys, for this to be demanded.  If there were problems with the case being continued many times, and the non-continuing party was REALLY complaining, this might be needed, but normally, I would say this is unreasonable.  Elinor Smith  

  8. Jennifer Reisler

    It is not appropriate given the circumstances and your reputation in the community – Glad Caryn got the continuance!

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