ArchivePage 2 of 98

Lawyer Held in Contempt of Court for Pretending to Masturbate

Can the law ever become too lenient? Everybody is familiar with the tag line “ignorance of the law excuses no one” and true to its strictest sense, no one, even those in privileged positions are excused from any of the provisions of the law. If you committed your transgressions and violated any of these provisions of the law, you are directly subjected to the scrutinizing eyes of the court. When faced with such a prospect, you need to protect yourself and get a legal professional to defend you.

Expectations for a Defense Lawyer

Who else do you turn to other than a defense lawyer? Typically, the government provides the services of a public defense lawyer should the person be financially incapable of paying for their legal counsel. Of course, a defendant with financial means at the disposal can definitely bring forth his personal lawyer.

Now, what are the usual thoughts that go through your mind when thinking about the services that a defense lawyer will provide for you? Are they not supposed to be the ones defending their clients against the impending punishment looming over their heads? Moreover, defense lawyers are also expected to keep abreast of the entirety of the list of laws which the Constitution or the Law of the Land embodies. Lawyers are also expected to carry themselves with dignity, professionalism, and style at all times as well. This entire concept has been entirely shoved to the side in the case of attorney Adam Reposa.

Defense Attorney Adam Reposa Crosses the Line

Attorney Adam Bulletproof Reposa, esq. | Collage of His Images

At 33, Adam Reposa, an Austin defense lawyer was charged with criminal contempt of court as he made the gross mistake of committing lewd gestures in the courtroom right before the eyes of County Court-at-Law Judge Jan Breland. Reposa allegedly aimed his simulated masturbatory gesture directly at Judge Breland and the judge found this act to be malicious and contemptuous, to say the least. As a result, the Austin defense lawyer was led out of the Heman Sweatt Travis County courtroom bearing handcuffs. For this misdemeanor, defense lawyer Reposa has been sentenced to jail for a period of 90 days. District Judge Paul Davis has stressed that he was proud to clear things out in order to “uphold the integrity of the judicial process”.

How Reposa gesture came about was while defending his client on the charge of driving while under the influence of alcohol. What the court didn’t expect was the dramatic turn of of events. In the course of representing his client, he suddenly looked directly at prosecutor Richard Gentry, rolled his eyes, and pulled off the obscene gesture during the pretrial hearing. Judge Breland found Reposa’s actions to be “intentional and contumacious conduct during the court’s review of the plea bargain offer to his client before jury trial.”

When Contempt is Part of the Legal Picture

The Honorable Judge Jan Breland Image

In basic terms, contempt of court is a civil infringement with a criminal punishment. Retired Judge Davis was assigned to hear the complaint filed by Judge Brendal. Judge Davis clarified that contempt of court is a complaint filed against a persona whenever the court decorum is violated for any grounds applicable. The judge noted that Reposa seemed to be undecided on whether to admit his fault or justify his act because he reportedly did both things during the hearing that took place in the county attorney’s office. Reposa also tried to argue that he didn’t intend the gesture for the judge but instead it was meant for the prosecutor.

In case you were wondering, Reposa’s name is listed on the State Bar Web site as Adam “Bulletproof” Reposa.

The State of Texas v. LeCharles Williams | Judgment of Criminal Contempt of Court by Adam Reposa

(Click to view image full-size)

Donald Trump Files Lawsuit Against Law Firm Over Legal Fees

Donald Trump is in the news once again. This time he is suing Manhattan law firm Morrison Cohen LLP and his lawyer who represented him in a malpractice suit, saying that the law firm has treated him like a “cash cow” by overcharging him and performing unnecessary work in order to bill more hours and therefore handing him what he feels is a huge legal bill. Mr. Trump is claiming he has enough experience in dealing with lawyers and feels that he knows when he’s been overcharged on legal fees. This time he feels that the legal fees quoted are not fair and a malpractice suit is in order. Trump, who has said that he has already paid Morrison Cohen $1 million in legal fees, is asking for $3 million in damages in his malpractice suit.

“I have dealt with a lot of lawyers and paid a lot of legal fees,” says Mr. Trump. “I have a Ph.D. in legal fees. I know when fees are fair and when they are not.”

Overview of the Legal Battle

Donald Trump v. Morrison Cohen | Trump sues law firm over big legal bill

Morrison Cohen’s David Scharf was hired by Trump last year to represent him in a suit against a golf course contractor, who Trump felt overcharged him for the service. They won the case and Justice Kenneth M. Rudolph who handled the case, awarded Trump almost $2 million in damages for the earth-moving contract and about $40,000 for the infrastructure. In addition, $1.3 million was also awarded for attorney’s fees. Despite the success of the malpractice suit, Trump feels that Morrison Cohen should have advised him not to pursue the infrastructure claims since it would certainly incur more cost and would outweigh any recovery. He said that most of their conversations were centered on legal fees and very little was discussed about the merit of the case.

“Ninety percent of the conversations I had with David Scharf were about legal fees, not the case,” said Trump. “We won the case because I’m a great witness.”

On the other hand, David Scharf maintains that the infrastructure issue was an integral part of the success of the case, and that it was necessary because the defendant has raised the issue. Scharf said that Trump was using his popularity as a negotiating tactic to get a discount because of the successful outcome of the case. Scharf also believes that his firm fairly billed Mr. Trump for the services rendered. They have counterclaimed for $470,000 in legal fees that they say remains unpaid.

This isn’t the first time Donald Trump has faced off against Morrison Cohen. Robert S. Cohen, the firm’s co-founder, represented Ivana Trump when she divorced from Mr. Trump in 1991.

“I beat him too,” said Mr. Trump, referring to attorney Robert S. Cohen’s attempt to bypass the Trump’s prenuptial agreement.

Donald Trump is represented in his malpractice suit by Alfred Donnellan of Delbello Donnellan Weingarten & Wiederkehr in White Plains, N.Y.

Top 10 Law Student Books of the Moment: Starter Edition

We’re unveiling something new here at Law Vibe that has the promisings to be a regular feature: the hottest law school related books that you, the LawVibe community, have been buying over the last three months!

The LawVibe team is able to get a sneak peak into what our readers like in terms of law school books via Amazon. Now, we don’t know what any specific person buys so don’t worry about that. We just know in general what the collective LawVibe readership base likes to buy and finds interesting. It gives us a good vibe on what’s hot in law school books right now.

We’re going to arrange this list starting with the most bought item on the list over the past 3 months. The first line after the link is my personal comment on the book. The second line, in italics, is a clipping from the Amazon review.

  1. Disorder in the Court: Great Fractured Moments in Courtroom History
    Yes, the book most ordered by law students is the one most unrelated to law school! Read the LawVibe book sample to get a taste of what to expect.
    “Sit back and enjoy a collection of verbatim exchanges from the halls of justice, where defendants and plaintiffs, lawyers and witnesses, juries and judges, collide to produce memorably insane comedy.”
  2. Getting To Maybe: How to Excel on Law School Exams
    The classic book on perfecting your law school exams - preparing and excelling.
    “A study aid that takes legal theory seriously…Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers”
  3. Ivy Briefs: True Tales of a Neurotic Law Student
    Excellent first-hand recounting of a very nervous law student, Martha Kimes, in Columbia Law School - check out the LawVibe book review.
    “The self-deprecating wit, catty observations and healthy sense of the absurd with which Kimes describes her approach-avoidance reactions to the world of law school raise the book above the ordinary.”
  4. Law School Confidential (Revised Edition): A Complete Guide to the Law School Experience: By Students, for Students
    Walks you from the decision to go into law school all the way to the bar exam.
    “Miller covers every aspect of the law school experience-from surviving the first semester to seeking summer internships-which makes this book unique.”
  5. One L: The Turbulent True Story of a First Year at Harvard Law School
    The infamous story of Scott Turow’s first year as a Harvard law student.
    “Even though we know he goes on to fabulous success as both a lawyer and a writer, Turow’s initial ego is beautifully subdued by the end of his year as a One L.”
  6. Acing Your First Year of Law School: The Ten Steps to Success You Won’t Learn in Class
    Solid book with easy-to-read tips on better outlining, legal research, writing, and more.
    “This book will teach you how to stand head and shoulders above your colleagues in law school, and succeed in your most critical year of law school, the first year.”
  7. The Elements of Legal Style
    An intelligent approach to legal writing style - while still keeping itself firmly grounded.
    “A decade after the key first edition, Garner, editor in chief of Black’s Law Dictionary and other works on legal writing, provides expanded coverage of appropriate legal prose and common errors in legal language, with the goal of encouraging clarity in legal writing.”
  8. The Law School Breakthrough: Graduate In The Top 10% Of Your Class, Even If You’re Not A First-Rate Student
    Breaks down the mysteries of law school, including outlining, creating a study schedule, and taking exams in your law classes.
    “The Law School Breakthrough provides a comprehensive, holistic approach to surviving law school-both inside and outside the classroom.”
  9. The Complete Law School Companion: How to Excel at America’s Most Demanding Post-Graduate Curriculum
    Gives you specific systems to excel in law school - making law school life easier through organization.
    “Offers complete, accessible information on every topic of concern to law students ranging from the LSAT, the Bar Exam, Law Review, computerized research and videotape study aids to obtaining that important clerkship or job.”
  10. How to Succeed in Law School
    More of a jack-of-all-trades book, it gives you a little bit of everything in law school without going too deep into any one subject - a good overview of life in legal education.
    “The author offers advice on taking good lecture notes, effective study methods, library research, test-taking, handling the inevitable stresses of law school, and much more.”