Just last month, Manatee County Judge Jannette Dunneigan held a two hour long contempt hearing where she laid out, in detailed, methodical judge like fashion how the mistakes, errors and ethical transgressions of foreclosure mill Smith Hiatt and Diaz had cost the court and other parties involved in a foreclosure case tens of thousands of dollars. The judge cited case after case and specific example after specific example where the firm just ignored hearings that were set and repeatedly ignored the rules of the court.
The only response offered by Roy Diaz, the partner that appeared, was essentially, “Your honor, we’re a volume foreclosure mill and we cannot be expected to follow the rules of professional conduct, make all our hearings or follow the orders of the court.” The thing that I found most disturbing about the whole affair is the fact that this senior partner failed and refused to stand up and defend the young lawyers that worked for him and that are now the subject of civil contempt proceedings….with the possibility of indirect criminal contempt left open. I do not believe for one moment that the judge would have sanctioned the young lawyers, severe and very serious proceedings that will forever damage their careers, if that senior partner would have done the honorable thing and said,
“Your honor, it’s my firm and this is my responsibility. Would you please spare these young lawyers who have their whole careers in front of them and direct all the penalties at myself and the senior attorneys?”
I kept expecting to hear something like that out of the lawyer, because that would have been the honorable and correct thing to do, but not one word came out of his mouth. Instead, he let these youngsters hang up there twisting in the wind for ethical violations that his firm created and that they too are victims of. Now the firm is lashing back at the judge and these young lawyers are in the fight of their legal careers….before their careers have even gotten off the ground. This should stand as a word of warning and a lesson to all you young foreclosure mill attorneys out there….especially in light of the Attorney General investigations. Remember, you have all signed the pleadings and submitted the evidence which is now acknowledged as violating the Rules of Professional Responsibility. When this all comes crashing down, are you superiors going to stand up and protect you or will they let you twist in the wind as well?
This is a shameful and dangerous game this firm is playing with a judge who means business in a county that is working to protect taxpayers from the financial abuses of these foreclosure mills and defendants from the particular abuses that they suffer. We can only hope that the judges of this circuit and the appellate judges will have the courage to continue with this fight. And as for the young lawyers that are going back again into the slaughter….you’re just collateral damage….caught in the crossfire.
Matt, while you have done a FANTASTIC JOB to, for less of a better phrase, hold order in the court and uphold the rights of all Americans. There is little pity for the junior members of this firm. If this statement can be made on the record, in a court of law and taken as valid then all Americans are in very big trouble!
Sorry for the young turks @ the Diaz firm, that was most likely thrown cast off cases by Stern & Shapiro, but the Judge should seek to disbar and sanction heavy fines on Mr. Diaz and his staff!
“I am in court but I can not be expected to follow the rules of the court” try doing that as a pro se and see where that gets you!
” Your honor, we’re a volume foreclosure mill and we cannot be expected to follow the rules of professional conduct, make all our hearings or follow the orders of the court.”
A volume foreclosure mill seeking compassion from a volume summary judgment mill. And the order:
It is ORDERERD AND ADJUDED,
The Roy Diaz volume foreclosue mill request for compassion is granted. The Court takes notice of the heavy case load and also the mistakes of the Circuit Clerk, and this demands compassion. The Court additionally has considered the abnoxious requests of Matthew Weidner, Mark Stopa, and Thomas Ice, and their insistance on following the rule of law, and as an example to all like-minded attorneys: Roy Diaz is hereby anointed and christianed a saint of the foreclosure Court. DONE AND ORDERED
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Yes, I know I am being a little adversarial but blame these robo-judges for my cynicism. Roy Diaz is a joke. His paralegal lawyers are a joke. And at last, the judge here is a joke.
And I am laughing,
Lit Gant