@ekat or other lawyer…
Is ignoring a subpoena a bar issue?
That gets more complicated as then the records have to be subpoena’d.
ETA - I am wondering if the records will be subpoena’d if the K’s wont produce them? I guess I am just struggling to understand why the K’s wont substantiate their claims.
What is not stalking is mentioning that more than one defense lawyer in the case that Lauren Kanarek filed has filed asking the court to consider contempt charges against Lauren and her parents Jonathon and Kirby Kanarek for totally ignoring court subpoenas regarding that very same case that again, Lauren filed.
I never imagined a lawyer (Jonathon Kanarek) would ignore a subpoena completely or let his wife (Kirby Kanarek) or daughter (Lauren Kanarek) also ignore a subpoena.
I am impressed how easy the lawyers for the various defense parties are trying to make it for her (Lauren Kanarek) to do her deposition all at once, though clearly still in the same state where she filed this case.
For someone who threatened me and others often with subpoenas and law suits and taking homes and property, the irony is absolutely staggering. As is her continued lack of understanding of law.
Not being able to find your butt with both hands?
Is ignoring a subpoena a bar issue?
There’s nothing specifically in the NJ Code of Conduct but really, the part about a lawyer as a witness is really short and more about conflict of interest.
That being said, the NJ Code of conduct does say this:
And the NJ Commission on Professionalism says this:
It really is just such a bad look.
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In regards to JK?
Is he retired? Would that matter?
In regards to JK?
Is he retired? Would that matter?
I guess it only matters if his bar license is still active and he actually cares about it.
It is not unheard of that a looser ethic attorney pushes boundaries. As a member of a multi arrest family, being such an attorney is not surprising.
In regards to JK?
Is he retired? Would that matter?
He’s not the kind of attorney you see in a court room and seems to have been a corporate attorney/legal department member for EF Hutton, apparently working in both NJ/NY and Texas, where his wife is from.
I’ve been thinking about the screenshot I posted upthread, where LK referred to “voice memo quiet recording abilities.” Also, we know from RG’s testimony in the criminal trial, that he surreptitiously recorded conversations at the barn by walking around with his phone set to record.
My iPhone has a feature for recording voice memos, and allows a recorded memo to be easily shared with others by sending it in a text message.
Two questions:
1 - In a legal investigation, if someone is compelled to turn over all “emails, text messages, recordings, etc.,” are these types of voice memos supposed to be included?
2 - Are those types of voice memos recoverable? I am guessing they are not recoverable if they are never “shared” and are deleted from the phone. But what if they have been shared via text? Can they be retrieved from the cloud, etc., by the service provider?
I am thinking that the recordings RG made at the barn were very likely shared with LK, and perhaps even with JK. And God knows what recordings RG made of LK and/or JK that he may have shared with others (or stored somewhere for a rainy day).
Also, we know from RG’s testimony in the criminal trial, that he surreptitiously recorded conversations at the barn by walking around with his phone set to record.
One I think also has to question, if this is a “habit”, then did the recordings actually start the moment they stepped foot on the farm?
And I think we know the answer as to if RG recorded LK/JK and kept them….one such recording featured her and her family’s private attorney meeting…
1 - In a legal investigation, if someone is compelled to turn over all “emails, text messages, recordings, etc.,” are these types of voice memos supposed to be included?
Here’s that snipped from Jonathan’s unanswered subpoena:
As SGF, I would argue that if RG sent it to him, he better include it. If I were JK or an attorney representing him, I would have filed a motion to quash and tried to argue that the language was too broad, too general, or unduly burdensome, or some such thing.
If I were SGF, I’d be trying to subpoena RG himself, I’d include language like above - that not limited to - and leave it broad enough to include all audio, regardless of the source. Maybe they have? Maybe we will find out if he’s cooperating or not.
I have to think that RG is either planning some type of “exit strategy” from the Ks or some other “self protection” strategy.
Here’s that snipped from Jonathan’s unanswered subpoena:
As SGF, I would argue that if RG sent it to him, he better include it. If I were JK or an attorney representing him, I would have filed a motion to quash and tried to argue that the language was too broad, too general, or unduly burdensome, or some such thing.
If I were SGF, I’d be trying to subpoena RG himself, I’d include language like above - that not limited to - and leave it broad enough to include all audio, regardless of the source. Maybe they have? Maybe we will find out if he’s cooperating or not.
Ah, thanks! Very interesting that the subpoena mentions “written communications containing audio and/or video recordings sent to you by Mr. Goodwin…”
It rather sounds as though they KNOW RG shared those recordings with JK. And how would they know that? Perhaps a little birdie told them…
I have to think that RG is either planning some type of “exit strategy” from the Ks or some other “self protection” strategy.
And it could be that he regards the recordings as his “golden parachute.”
He did testify that he was rather unhappy at being told he was going move back to NJ.
It rather sounds as though they KNOW RG shared those recordings with JK. And how would they know that? Perhaps a little birdie told them
Maybe RG got a subpoena and responded that he has nothing in his possession as he gave it all to JK??? [just speculating]
Leads to one wondering if RG will have to provide his own counsel or if the Ks will provide him with one.
ETA: I dont any attorneys who would accept non-licensed contractor work in trade, although his laundry skills may be really good.
Somebody paid for RG’s legal counsel in the past. Who that is, would only be known to him and whomever was involved. I get the impression that he’s rather estranged from his childhood family, so it likely wouldn’t have been them paying the tab for his problems.
Leads to one wondering if RG will have to provide his own counsel or if the Ks will provide him with one.
ETA: I dont any attorneys who would accept non-licensed contractor work in trade, although his laundry skills may be really good.
RG was not part of the original lawsuit launched by Ks (he wasn’t injured and has no basis for a law suit) and therefore is not named the countersuit by MB or SGF (also he has no assets) . He’s just a bystander to this suit. Obviously he can get interviewed or subponead like any other witness.
Some of us might get our own lawyer on board as soon as we were tangential to such a case. For instance if my partner were plaintiff and I was being called to testify because I’d been present at the event but might also have done some shady things I would certainly want advice on how to walk that path. But RG has no cash. We don’t know if he’s getting advice from the Ks legal team. One would assume so. Such advice might or might not be in his own personal best interest.