JUDGE RENEE GOLDENBERG denied INDIGENT Wife's exceptions in July 2011 even though I paid for/provided 250 pg transcript. Order stated that both parties can split cost but ex-husband's attorney Michael Bass refused to split cost of transcript. Order stated to provide a WRITTEN TRANSCRIPT. IT DID NOT SAY A COURT APPROVED TRANSCRIPT. If the order had said that I would have researched getting a court approved transcript although the cost was around $1700 and I was indigent. I presented transcript to Judge and she denied my exceptions. She could have allowed me time to pay for a court APPROVED transcript but she did not and so I had to filed an appeal with the Fourth District Court of Appeals. SHE HAS CAUSED ME AND EX-HUSBAND SO MANY COSTS OF LITIGATION. SHE IS NOT FAIR TO PRO SE LITITGANTS. THE WHOLE JUDICIAL SYSTEM IS PARTIAL TO THOSE WITH ATTORNEYS AS EVIDENCED IN THE LACK OF DUE PROCESS BY MAGISTRATE RITA UGARTE. WHO DID NOT EVEN LOOK AT BANK STATEMENTS AND ORDERED ME TO PAY $16,495 I DON'T HAVE AND NOW WILL BE TAKEN OUT OF MY RETIREMENT MONEY. I HAVE NO SOCIAL SECURITY OF MY OWN AND NEED 1/2 of the RETIREMENT ACCOUNTS TO LIVE ON THE REST OF MY LIFE AS I STAYED HOME WITH MY CHILDREN WHEN THEY WERE GROWING UP. THE JUDICIAL SYSTEM IS NOT FAIR. JODI JAFFE WITHDRAWING FROM CASE AND BEING ONLY ON ALIMONY, TRYING TO FIND A SUITABLE RESIDENCE FOR HER &HER MINOR CHILD AND MOVE ½ OF CONTETNS TO NEW RESIDENCE, IT WAS DETRIMEMNTAL TO PRO SE LITIGANT PAULA KUNSMAN WHEN ATTORNEY WITHDREW FROM CASE WITH NO VALID REASON GIVEN.
2. On July 31, 2010 Paula Kunsman signed Quit Claim Deed in Jodi Jaffe’s office and she put in the file. On Aug 12, 2010 Paula Kunsman arranged for Stewart Title Company to pick it up by Fedex for closing on the date.
3. On Aug 12, 2010 Michael Bass filed a Motion for Enforcement
4. On Aug 18, 2010 Judge GOLDENBERG allowed Jodi Jaffe to withdraw from case as attorney of record without client’s consent and VALID REASON.
5. Since withdrawal can create significant burdens for clients and can infringe the fiduciary duties lawyers owe, ethics and disciplinary rules limit a lawyer’s right to withdraw and govern the manner in which they may do so. Withdrawing without permission or failing to adequately protect the client’s interests in the process can subject an attorney to professional discipline.
6. Under ABA Model Rule 1.16(b), a lawyer can withdraw from an engagement without cause only if it will not result in a material adverse effect on the client’s interests. Because withdrawal will usually produce some measure of harm to the client, in most instances it will be necessary for an attorney to demonstrate cause. However, the Restatement of Law Governing Lawyers indicates that even where cause exists, a lawyer may still not withdraw if he believes that the harm to the client caused by the withdrawal will be disproportionately greater than the harm to the client or others if the representation continues. The rules on permissive withdrawal also vary depending on the location and nature of the engagement. Generally, each state’s ethics rules dictate the circumstances under which an attorney can withdraw based on cause. Grounds for cause include the client’s persistent unlawful conduct or use of the lawyer’s services to perpetrate a crime or fraud and other acts or intentions of the client which the lawyer considers repugnant. More common bases for cause include the client’s failure to fulfill a substantial duty or obligation to the lawyer and client conduct that renders the representation unreasonably difficult or brings about an irreparable breakdown of the relationship. But while not getting paid can be a sufficient cause, a claim by the lawyer that a representation requires too much time or effort ordinarily will not. Lawyers are expected to anticipate the needs of an engagement. While lawyers cannot anticipate everything that may be involved, it is important not only to consider these issues at the outset, but also to discuss them with the client& document these discussions& understandings in engagement agreement& related correspondence. However, the client’s consent must be informed, meaning the client has been advised and fully understands the consequences of the lawyer’s withdrawal. Regardless of whether consent is given or the withdrawal is mandatory or voluntary, to withdraw from a matter that is pending before a court or other tribunal, the lawyer must first provide proper notice and seek approval from that authority pursuant to applicable law.
7. An attorney’s withdrawal can be viewed AS ABANDONMENT by the client or a court. An attorney’s withdrawal will almost always cause some degree of problems for a client, so attorneys must make efforts to minimize such harm. A terminated client will incur additional time and expense searching for new counsel. The client also likely will incur duplicate fees in enabling successor counsel to become familiar with the matter. Other consequences which must be considered are whether another qualified lawyer is available to the client, prejudice that might result from delay caused by the change in lawyers,&whether the client might be reluctant to retain replacement counsel. The most important of these is the continuing duty to preserve and protect the client’s confidences, property, &records.
8. An attorney who has withdrawn also may be obligated to keep the client informed of any post-engagement matters that come to the lawyer’s attention. A withdrawing attorney who fails to consider and make a reasonable effort to minimize the impact to the client risks creating a perception by the client or others that the client’s interests have been abandoned. Even if client consent is not required for withdrawal, it is a good idea to seek consent anyway. Although this may or may not affect the decision to withdraw, the client should be afforded an opportunity to refuse permission. Requesting consent reduces the likelihood that the client will feel ambushed or offended, and may offer the lawyer an opportunity to salvage a damaged relationship. The lawyer should explain to the client that consenting to withdrawal will make the transition swifter and easier, which will likely be in client’s best interest. In any case, the client should be advised of his/her rights & lawyer’s duties &obligations with respect to withdrawal, as any consent a lawyer does obtain will be invalid unless it is sufficiently informed. Prior to taking any action, a lawyer should explain his reasons for withdrawing. This explanation should be objective, concise and clearly understandable rather than confrontational. An attorney must give the client adequate notice of his intention to withdraw and explain the implications for the client. Clients must be afforded a reasonable period of time to prepare for withdrawal, as lawyers may be ethically prohibited from completely halting the representation for some reasonable time period after receipt of notice. During this time frame, a withdrawing attorney should continue to represent the client&undertake efforts to AMELIORATE ANY HARM CAUSED BY THE WITHDRAWAL. These efforts include assisting client in finding another lawyer and emphasizing to the client that this must be done without delay. If the client is facing an imminent deadline that may expire before successor counsel can act, a withdrawing attorney must take reasonable steps to extend the deadline or comply with it. Additional expenses may be incurred that will be re-incurred by the client for work that was not completed or was in-progress at the time of withdrawal. If a client fails to respond to communications, a withdrawing lawyer should send correspondence relating to the termination by overnight mail or messenger providing proof of delivery, and keep copies and return receipts of all such correspondence in firm’s central files. Of course, if the client agrees to the lawyer’s withdrawal, this consent should be obtained in writing.
If withdrawal will require court approval, the lawyer should consider including a copy of a proposed motion to withdraw and advising the client that the motion will be filed by a specified date. A response from the client within a short period upon receipt of the letter should be sought.Withdrawing from an on-going case will inevitably pose some problems for the client. These problems will become the lawyer’s problems if termination is not handled sensitively and properly. Failure to obtain required permission &adequately protect client’s interests could give rise not only to potential liability to an abandoned client for malpractice, but also to disciplinary sanctions. By taking reasonable steps to minimize the harm& keeping the termination amicable, lawyers can effectively withdraw from a difficult representation and prevent a bad situation from turning into a larger problem.
An attorney may withdraw from a case only for VALID REASONS, and only if it is shown that the client's interests won't be adversely effected. Valid reasons include:
Conflicts of interest: Attorneys and their firms are not permitted to represent people or companies that are adversaries. In some circumstances, the lawyer may ask for permission (called a conflict waiver) from each party acknowledging the conflict and allowing the attorney to represent both of each. If, after the attorney has agreed to represent you, he learns that he or his firm also represents another person or company that is your adversary, and if the attorney can't get a conflict waiver from both you and your adversary, then the lawyer must stop representing you.
Client consent: If you give your attorney permission to withdraw from the case, then the attorney can stop representing you.
Differing case strategies: Sometimes lawyer and client won't agree on the best approach for handling a case. If you and your attorney are unable to reach agreement, then the attorney should withdraw.
A client's failure to cooperate, communicate, or fulfill obligations: In order for an attorney to provide quality service to his client, there needs to be regular communication and interaction between the attorney and client. Your attorney may need you to answer questions, provide documentation and otherwise assist him so that he can give the service that you need and deserve. If, as a client, you fail to respond to your attorney's legitimate requests, then he cannot provide you with quality representation, and may be permitted to withdraw from your case.
Personality conflicts: It's human nature that sometimes people just can't get along with one another. Your attorney is supposed to be your best advocate, but if there's a conflict of personalities, it may be impossible for your attorney to give you the best representation possible.
A client's unethical, fraudulent, or criminal activity: Your lawyer is bound by certain professional and ethical obligations. As part of those obligations, your lawyer cannot help you commit unethical, fraudulent or criminal activities. If your attorney tells you that you're trying to do something illegal and you don't take his advice, the attorney can stop representing you.
9. NONE OF THE ABOVE REASONS WERE GIVEN BY JODI JAFFE WHEN SHE FILED TO WITHDRAW FROM CASE 09-11285 ON AUG 12, 2010 and hearing on Aug 18, 2010.
10. Paula Kunsman did drive to Miami to get the DISCOVERY which Michael Bass gave Jodi Jaffe at 8pm at the Mediation Session on April 2010.
11. Jodi Jaffe and Scott Schomber did not provide pro se LITIGANT Paula Kunsman a copy of the Motion for Enforcement filed on Aug 12, 2010 & Jodi Jaffe/Scott Schomber did not GIVE Paula Kunsman any of the case records from July 2009-Aug 2010 until she called Fort Lauderdale office on March 24, 2015 and they told her file was there ready to be picked up.
12. Jodi Jaffe & Scott Schomber of McConnaughhay have caused IRREVERSIBLE DAMAGE AND ADDITIONAL ANGQUISH TO PRO SE LITIGANT Paula Kunsman.
Magistrate Rita Ugarte Reviews
JUDGE RENEE GOLDENBERG denied INDIGENT Wife's exceptions in July 2011 even though I paid for/provided 250 pg transcript. Order stated that both parties can split cost but ex-husband's attorney Michael Bass refused to split cost of transcript. Order stated to provide a WRITTEN TRANSCRIPT. IT DID NOT SAY A COURT APPROVED TRANSCRIPT. If the order had said that I would have researched getting a court approved transcript although the cost was around $1700 and I was indigent. I presented transcript to Judge and she denied my exceptions. She could have allowed me time to pay for a court APPROVED transcript but she did not and so I had to filed an appeal with the Fourth District Court of Appeals. SHE HAS CAUSED ME AND EX-HUSBAND SO MANY COSTS OF LITIGATION. SHE IS NOT FAIR TO PRO SE LITITGANTS. THE WHOLE JUDICIAL SYSTEM IS PARTIAL TO THOSE WITH ATTORNEYS AS EVIDENCED IN THE LACK OF DUE PROCESS BY MAGISTRATE RITA UGARTE. WHO DID NOT EVEN LOOK AT BANK STATEMENTS AND ORDERED ME TO PAY $16,495 I DON'T HAVE AND NOW WILL BE TAKEN OUT OF MY RETIREMENT MONEY. I HAVE NO SOCIAL SECURITY OF MY OWN AND NEED 1/2 of the RETIREMENT ACCOUNTS TO LIVE ON THE REST OF MY LIFE AS I STAYED HOME WITH MY CHILDREN WHEN THEY WERE GROWING UP. THE JUDICIAL SYSTEM IS NOT FAIR. JODI JAFFE WITHDRAWING FROM CASE AND BEING ONLY ON ALIMONY, TRYING TO FIND A SUITABLE RESIDENCE FOR HER &HER MINOR CHILD AND MOVE ½ OF CONTETNS TO NEW RESIDENCE, IT WAS DETRIMEMNTAL TO PRO SE LITIGANT PAULA KUNSMAN WHEN ATTORNEY WITHDREW FROM CASE WITH NO VALID REASON GIVEN.
2. On July 31, 2010 Paula Kunsman signed Quit Claim Deed in Jodi Jaffe’s office and she put in the file. On Aug 12, 2010 Paula Kunsman arranged for Stewart Title Company to pick it up by Fedex for closing on the date.
3. On Aug 12, 2010 Michael Bass filed a Motion for Enforcement
4. On Aug 18, 2010 Judge GOLDENBERG allowed Jodi Jaffe to withdraw from case as attorney of record without client’s consent and VALID REASON.
5. Since withdrawal can create significant burdens for clients and can infringe the fiduciary duties lawyers owe, ethics and disciplinary rules limit a lawyer’s right to withdraw and govern the manner in which they may do so. Withdrawing without permission or failing to adequately protect the client’s interests in the process can subject an attorney to professional discipline.
6. Under ABA Model Rule 1.16(b), a lawyer can withdraw from an engagement without cause only if it will not result in a material adverse effect on the client’s interests. Because withdrawal will usually produce some measure of harm to the client, in most instances it will be necessary for an attorney to demonstrate cause. However, the Restatement of Law Governing Lawyers indicates that even where cause exists, a lawyer may still not withdraw if he believes that the harm to the client caused by the withdrawal will be disproportionately greater than the harm to the client or others if the representation continues. The rules on permissive withdrawal also vary depending on the location and nature of the engagement. Generally, each state’s ethics rules dictate the circumstances under which an attorney can withdraw based on cause. Grounds for cause include the client’s persistent unlawful conduct or use of the lawyer’s services to perpetrate a crime or fraud and other acts or intentions of the client which the lawyer considers repugnant. More common bases for cause include the client’s failure to fulfill a substantial duty or obligation to the lawyer and client conduct that renders the representation unreasonably difficult or brings about an irreparable breakdown of the relationship. But while not getting paid can be a sufficient cause, a claim by the lawyer that a representation requires too much time or effort ordinarily will not. Lawyers are expected to anticipate the needs of an engagement. While lawyers cannot anticipate everything that may be involved, it is important not only to consider these issues at the outset, but also to discuss them with the client& document these discussions& understandings in engagement agreement& related correspondence. However, the client’s consent must be informed, meaning the client has been advised and fully understands the consequences of the lawyer’s withdrawal. Regardless of whether consent is given or the withdrawal is mandatory or voluntary, to withdraw from a matter that is pending before a court or other tribunal, the lawyer must first provide proper notice and seek approval from that authority pursuant to applicable law.
7. An attorney’s withdrawal can be viewed AS ABANDONMENT by the client or a court. An attorney’s withdrawal will almost always cause some degree of problems for a client, so attorneys must make efforts to minimize such harm. A terminated client will incur additional time and expense searching for new counsel. The client also likely will incur duplicate fees in enabling successor counsel to become familiar with the matter. Other consequences which must be considered are whether another qualified lawyer is available to the client, prejudice that might result from delay caused by the change in lawyers,&whether the client might be reluctant to retain replacement counsel. The most important of these is the continuing duty to preserve and protect the client’s confidences, property, &records.
8. An attorney who has withdrawn also may be obligated to keep the client informed of any post-engagement matters that come to the lawyer’s attention. A withdrawing attorney who fails to consider and make a reasonable effort to minimize the impact to the client risks creating a perception by the client or others that the client’s interests have been abandoned. Even if client consent is not required for withdrawal, it is a good idea to seek consent anyway. Although this may or may not affect the decision to withdraw, the client should be afforded an opportunity to refuse permission. Requesting consent reduces the likelihood that the client will feel ambushed or offended, and may offer the lawyer an opportunity to salvage a damaged relationship. The lawyer should explain to the client that consenting to withdrawal will make the transition swifter and easier, which will likely be in client’s best interest. In any case, the client should be advised of his/her rights & lawyer’s duties &obligations with respect to withdrawal, as any consent a lawyer does obtain will be invalid unless it is sufficiently informed. Prior to taking any action, a lawyer should explain his reasons for withdrawing. This explanation should be objective, concise and clearly understandable rather than confrontational. An attorney must give the client adequate notice of his intention to withdraw and explain the implications for the client. Clients must be afforded a reasonable period of time to prepare for withdrawal, as lawyers may be ethically prohibited from completely halting the representation for some reasonable time period after receipt of notice. During this time frame, a withdrawing attorney should continue to represent the client&undertake efforts to AMELIORATE ANY HARM CAUSED BY THE WITHDRAWAL. These efforts include assisting client in finding another lawyer and emphasizing to the client that this must be done without delay. If the client is facing an imminent deadline that may expire before successor counsel can act, a withdrawing attorney must take reasonable steps to extend the deadline or comply with it. Additional expenses may be incurred that will be re-incurred by the client for work that was not completed or was in-progress at the time of withdrawal. If a client fails to respond to communications, a withdrawing lawyer should send correspondence relating to the termination by overnight mail or messenger providing proof of delivery, and keep copies and return receipts of all such correspondence in firm’s central files. Of course, if the client agrees to the lawyer’s withdrawal, this consent should be obtained in writing.
If withdrawal will require court approval, the lawyer should consider including a copy of a proposed motion to withdraw and advising the client that the motion will be filed by a specified date. A response from the client within a short period upon receipt of the letter should be sought.Withdrawing from an on-going case will inevitably pose some problems for the client. These problems will become the lawyer’s problems if termination is not handled sensitively and properly. Failure to obtain required permission &adequately protect client’s interests could give rise not only to potential liability to an abandoned client for malpractice, but also to disciplinary sanctions. By taking reasonable steps to minimize the harm& keeping the termination amicable, lawyers can effectively withdraw from a difficult representation and prevent a bad situation from turning into a larger problem.
An attorney may withdraw from a case only for VALID REASONS, and only if it is shown that the client's interests won't be adversely effected. Valid reasons include:
Conflicts of interest: Attorneys and their firms are not permitted to represent people or companies that are adversaries. In some circumstances, the lawyer may ask for permission (called a conflict waiver) from each party acknowledging the conflict and allowing the attorney to represent both of each. If, after the attorney has agreed to represent you, he learns that he or his firm also represents another person or company that is your adversary, and if the attorney can't get a conflict waiver from both you and your adversary, then the lawyer must stop representing you.
Client consent: If you give your attorney permission to withdraw from the case, then the attorney can stop representing you.
Differing case strategies: Sometimes lawyer and client won't agree on the best approach for handling a case. If you and your attorney are unable to reach agreement, then the attorney should withdraw.
A client's failure to cooperate, communicate, or fulfill obligations: In order for an attorney to provide quality service to his client, there needs to be regular communication and interaction between the attorney and client. Your attorney may need you to answer questions, provide documentation and otherwise assist him so that he can give the service that you need and deserve. If, as a client, you fail to respond to your attorney's legitimate requests, then he cannot provide you with quality representation, and may be permitted to withdraw from your case.
Personality conflicts: It's human nature that sometimes people just can't get along with one another. Your attorney is supposed to be your best advocate, but if there's a conflict of personalities, it may be impossible for your attorney to give you the best representation possible.
A client's unethical, fraudulent, or criminal activity: Your lawyer is bound by certain professional and ethical obligations. As part of those obligations, your lawyer cannot help you commit unethical, fraudulent or criminal activities. If your attorney tells you that you're trying to do something illegal and you don't take his advice, the attorney can stop representing you.
9. NONE OF THE ABOVE REASONS WERE GIVEN BY JODI JAFFE WHEN SHE FILED TO WITHDRAW FROM CASE 09-11285 ON AUG 12, 2010 and hearing on Aug 18, 2010.
10. Paula Kunsman did drive to Miami to get the DISCOVERY which Michael Bass gave Jodi Jaffe at 8pm at the Mediation Session on April 2010.
11. Jodi Jaffe and Scott Schomber did not provide pro se LITIGANT Paula Kunsman a copy of the Motion for Enforcement filed on Aug 12, 2010 & Jodi Jaffe/Scott Schomber did not GIVE Paula Kunsman any of the case records from July 2009-Aug 2010 until she called Fort Lauderdale office on March 24, 2015 and they told her file was there ready to be picked up.
12. Jodi Jaffe & Scott Schomber of McConnaughhay have caused IRREVERSIBLE DAMAGE AND ADDITIONAL ANGQUISH TO PRO SE LITIGANT Paula Kunsman.