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Response to jberryhill (Original post)

Fri May 18, 2018, 07:55 PM

6. But wait! There's more!

 


It freaking figures that Avenatti would shoot from the hip in response to Cohen's brief, instead of letting it chill over the weekend and replying on Monday, at least.

One of the more interesting things that can happen in adversarial proceedings is if the other side loses their cool and acts in haste, comical results can follow.

So, in comes Mr. Avenatti, late on a Friday afternoon, just to get in a quick rim shot:

https://www.courtlistener.com/recap/gov.uscourts.nysd.491943/gov.uscourts.nysd.491943.54.0.pdf

For several reasons, he should have waited until Monday. But to highlight just a few.

In his PHV application, he said:

"5. There are no pending disciplinary proceedings against me in any State or Federal court."

Now, he's updated that with:

"6. I have never been formally disciplined by the State Bar of California or any other similar regulatory body."

And here's the problem with supplemental affidavits. The first time, he mentioned "pending disciplinary proceedings against me in any State or Federal court." Well, that's fine, because those types of proceedings aren't held in those courts.

So, in round two, he says "I have never been formally disciplined by the State Bar of California". Well, okay, then. But these two statements, on their face, beg two questions:

1. Have you ever been informally disciplined?

2. Are there any pending proceedings before the State Bar of California?

A few minutes of reflection, instead of "let's act like it's Twitter", would have been advisable here.

On dangling proposition 2, he goes on to say that he hasn't been notified of one, that Cohen didn't provide evidence of one (which is also correct, but not really relevant), and likewise goes on to say that there's no evidence of any of the stuff about the SARS.

That's all well and good. He's quite right that just because some jackass filed a complaint with the state bar, it doesn't mean there is a "proceeding", depending on whatever the disciplinary procedures of that bar might be.

But all of that is largely irrelevant to the point here. Avenatti is not on trial here. Admission pro hac vice is not a right or entitlement - it is completely discretionary with the court. The court doesn't have to admit Avenatti, evidence or not. But if the court gets the notion that Avenatti is playing word games or getting cagey on something that is normally so mundane as PHV admission, it's not really a question of whether there is "evidence" that the SARS were obtained by some dumb schmuck who broke the law and is now pretty much dangling in the wind, nor is it a question of whether there is any "evidence" that there is a pending proceeding at Calbar. By filing the declaration to the effect of "Calbar never finished one", and "I haven't been notified of one", his declaration raises more questions than it answers. Incidentally, insofar as I am familiar with procedures in other states, disciplinary boards don't notify you when they get a complaint, but do spend a little time looking into it before making a decision to go forward with it. Whether that constitutes a "pending proceeding" may be a matter of semantics.

Incidentally, none of this is normal.

Honestly, PHV admission is normally about as complex as ordering a burger at the drive through window. I've never even seen a situation where it was a contested issue.

But by arguing "Cohen didn't prove any of that stuff" instead of "None of that stuff is true", as if there is some sort of burden shifting going on, I can easily see the court suggesting that if Daniels wants intervenor status, then plenty of other attorneys are available.

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Replies to this discussion thread
Arrow 10 replies Author Time Post
jberryhill May 2018 OP
procon May 2018 #1
Kirk Lover May 2018 #2
jberryhill May 2018 #8
dixiegrrrrl May 2018 #3
Kaleva May 2018 #4
Amaryllis May 2018 #5
jberryhill May 2018 #7
LineNew Reply But wait! There's more!
jberryhill May 2018 #6
The Velveteen Ocelot May 2018 #9
grantcart May 2018 #10
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