I would sure want someone representing my interests there.
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What if an attorney entered a last minute order of appearance and requested a delay?
This is something they should have considered in JULY when they were served with the subpoenas.
Or, in August/September, when the Motions for Contempt were filed.
But the fact that they have done nothing except Jonathan Kanarek writing an ex parte email to the judge, and have his daughter’s lawyer ask for an adjournment does not reflect well on either him or Kirby Kanarek at this point. As Mr Deininger and Mr Silver said, they forfeited their right to attend a while ago.
Maybe the judge will feel like letting all that slide. That will definitely be interesting to see.
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I believe one of our legal people answered that earlier. They said the judge would likely think that the Ks have had a very long time to get representation, and so he wouldn’t go for it.
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Can another attorney from the same firm represent them or is it usually best to use a different firm?
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That is good.
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It would be a very, very bad idea for Nagel’s firm to represent all of them in my opinion.
Let’s look at just Kirby Kanarek, for example.
Mr Deininger wants those transcripts, and so does Mr Silver. Kirby is looking at contempt. What if her option to purge herself from contempt is to hand over everything she has? Her attorney would want to advise her to do what she needs to protect her.
But - what if those transcripts, hypothetically, contain information that is fatal to LK’s suit?
Which client does the law firm protect?
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Thanks for that explanation. That makes a lot of sense.
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You’re welcome.
If I were Mr Silver and Mr Deininger, I would be arguing hard Friday that Jonathan Kanarek is an attorney and he should know better.
On the one hand, he’s an attorney when they want to claim attorney-client privilege as to why he shouldn’t have to answer the subpoena (in an improper motion to quash) but on the other, as an attorney, he doesn’t know how to answer a subpoena? Or that it’s improper to email the judge two months after the fact? They can’t have it both ways. Or, that would be part of my argument.
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This is so, so weird. I’m wondering why their daughter’s lawyer even agreed to this knowing how not only absurd but also completely unprofessional this is. Given the issues involved, it makes you wonder if that whole firm has been failing to keep up with their ethics CLEs.
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It really is bizarre, isn’t it?
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Even if a NOTICE OF APPEARANCE is filed on behalf of the remaining Ks that attorney won’t be able to speak and would have to file their own Motion for another appearance after service upon the other parties is completed.
We don’t call it it an Order of Appearance as an Order is typically something signed by a Judge, which this notification is not. It is simply a document which notifies the court of the attorneys for any given party and contains the case info, attorney name address phone, the party they represent and their signature as well as the date signed.
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If JK is only licensed as an attorney in New York, can attorney-client privilege even be claimed if he was giving legal advice to his daughter in New Jersey? Wouldn’t it be considered practicing law without a license since it occurred in a state in which he was not licensed?
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Could this-- hypothetically-- be the precise “bombshell” predicament they find themselves in?
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Thanks for the correction on the terminology. The legal peeps like you probably cringe when you see it used incorrectly.
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LOL I did cringe!
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I think there are some things in play here…
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JK is calling the shots and has been appointed LK’s representative by LK or LK merely does whatever her father tells her to via e-mailed instructions, which she then passes along to the lawyers.
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The firm has been retained by JK to represent The Circle of Kanarek, but thus far has refrained from fully disclosing or acknowledging that fact, for some unknown reason.
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The Kanarek strategy has been delay, obfuscate and obscure, and non-compliance from the get-go. I have a feeling there are reasons for this, the most obvious of which is the depletion of Michael Barisone’s financial resources, which would cause his legal defense to collapse, but also to get to a point where it becomes too costly for the other players to continue with the game, driving them to payoff The Circle of Kanarek or go to the negotiation table for a settlement. Another reason is they could have a plan of relocating themselves and their resources where it would be difficult to pursue any further litigation or punitive measures against them, without expending large amounts of money, such as Europe and Israel, where they have relations and possible protections.
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In my opinion the main reason for the Kanarek delay tactics are that they know a lot of ugly things about them are going to come out and they do not want that to happen so they are trying to prevent that from happening. In my opinion, their house of cards requires the appearances to be different from reality.
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I hope that, if it really does come down to financial concerns, Barisone’s attorneys will consider pro bono work on his behalf. However, as it is apparently usual for civil matters to take years to litigate, Barisone and his attorneys must be prepared for a lengthy battle. They won’t have gone into this unaware.
I agree with @trubandloki. I tend to believe that the K’s are very unhappy with how the chips have landed and are dragging their feet to keep the dirty laundry from being aired.
ETA I think emigration would be a good solution for the K’s but they may not want to leave their adult daughter behind.
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Maybe they will move to Germany so LK can continue to ride with Ulf (except when he goes to FL for the winter). 
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