Tuesday, August 23, 2022

Lawsplainer Here...

What this means is two of Trump's lawyers on that "motion" (I use the term VERY loosely) didn't have the good sense to file a proper application to appear in Federal Court in Florida on Trump's behalf, and so can't until they do things right.

Now the 'splainer:  Federal courts require attorneys to be licensed in those courts, seperate and apart from being licensed by a state.  It's a simple matter of making an application and following the Local Rules of the District (as referenced in that docket entry, if you're wondering).  I was licensed in the Western District of Texas once upon a long while ago, based solely on the support of a lawyer/friend who himself was licensed in that district.  It's almost entirely a pro forma matter, but you have to follow the rules.

If you aren't licensed to that district, you can't appear in the courts of that district representing anybody. 

Especially in these internet days, finding the local rules of a district is a no-brainer. (In my day, you had to request a hard copy of the rules from the district clerk's office.)  That these lawyers didn't do it right doesn't mean they can't ever represent Trump in the Florida district (that's what the court means by "without prejudice"). It does mean Trump has reportedly paid out $1 million in legal fees, and he's getting robbed blind.

Couldn't happen to a more deserving guy.

And this is an easy to digest example of just how bad that "motion" is.  Lawyers who can't follow simple local rules are lawyers who can't write pleadings.  Or worse, who (seemingly) let their client write the pleading, and then sign off on it.

My one appearance in federal court was on a criminal matter I was assigned to shortly after my license took effect.  The AUSA knew he had a couple of babes in the woods (I was co-counsel to another lawyer who I ended up working for.  Serendipidity has its place.), and while he wasn't brutal, he treated us accordingly.  He knew, IOW, he had the case in the palm of his hand, and we'd be no trouble.

I suspect the DOJ lawyers on this matter feel the same way about now.

Going down smooth.

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