I’m guessing they don’t want to have to pay other attorneys to represent them. And other attorneys likely won’t be willing to take them on contingency because they are not the plaintiffs and do not stand to win anything if the suit goes their way. So those attorneys would have to depend on LK’s “good will” to pay for her parents’ legal expenses out of her “winnings.” I say, good luck with that angle. 
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I get all that, that Kirby and Jonathan do not want to pay for their own attorneys. Who would?
But, that does not make it logical that an attorney not representing them keeps filing things on their behalf and somehow that is OK in NJ.
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Agreed. I am also confused about why they continue to rely on an attorney that does not formally represent them, to “represent them.”
It could also be part of the reason behind the change in attorneys. Perhaps Nagel and O’Connor got fed up with their shenanigans (although I may be giving them way too much credit in that regard).
At any rate, I would hope that Sceusi gets on the new guy’s case about it, but for all I know, that practice is legal and acceptable in NJ.
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Generally it does happen that attorneys argue and wrangle about witnesses and subpoenas to third parties.
What is different here is the level of defense that Nagle put up to protect them, and that these witnesses are so very closely tied to the plaintiff they may well become parties after these depositions. So the plaintiff’s attorney needs to keep good boundaries, because if the parents get added as cross defendants, he has to not appear to have represented them.
As an aside, it’s a great card to keep up his sleeve if he wants a nice clean “out.”
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But not licensed in NJ the last time I looked. So for all intents and purposes, he isn’t a lawyer (in NJ). He’s a prospective client?
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I assume Mr Kanarek was completely lying in this post? Who lies like this and expect the truth won’t be known immediately? I wonder what imaginary name they gave these “attorneys”?
Sorry for the delay.
KK and JK received subpoenas. They turned it over to their lawyers who responded. The defendant’s lawyers say they never received the response.
The lawyers are working it out.
KK and JK look forward to being deposed or providing any information the other side wants.
Why would they not be anxious to give information?
As the lawyers out there can confirm this kind of wrangling over subpoenas happens all the time.
What would be gained by ignoring subpoenas.? It did not happen.
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I think the Ks not formally obtaining an attorney isn’t just to save money but is done to keep them outside the case for as long as possible. They will do anything, any ploy to keep from testifying and further implicating themselves into the case somehow. Perhaps they fear being named formally in the case. That can certainly happen on the Barisone counterclaim.
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That. Is. Rich.
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If the Ks become named and MB wins, can he then get his due out of their houses?
NJ house is primary residence, so no, correct?
And FL let’s people shield their second, FL residence, so no there too, correct?
.
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Hmmm. I am starting to wonder if they did NOT turn over those subpoenas, and that may have also contributed to the recent change in lawyers. Perhaps Nagel and O’Connor got PO’d about being thrown under the bus like that. I can easily believe there have been some pretty heated discussions at that law firm about these particular “clients.” 
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I have to think if Nagel and company had strong feelings about not representing clients who lie, they wouldn’t have lasted very long in the legal profession.
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What do you mean by “they did not turn over those subpoenas”?
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Most attorneys get tired of being constantly lied to by their clients. After all, they are being paid to defend the client regardless of what the actual truth is. Plus, thrown in client confidentiality and there’s no reason the Kanareks should lie to their attorneys other than their shame at their own actions!
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Good point! Although I wonder if this type of lie resulted in something close to an ethics violation.
As in - if JK/KK truly did turn over the subpoenas, then would Sceusi have asked Nagel why his firm didn’t turn them over to the defendant’s attorneys? And if Nagel had replied (as JK alleged) that they did send them, would Sceusi have asked for proof such as the eCourt transaction ID?
And if Nagel couldn’t come up with the proof, would he have received some sort of admonishment (or worse) from Sceusi?
The other possibility is as I mentioned - that JK/KK turned the subpoenas over to Nagel and he decided to sit on them since he doesn’t formally represent them. If that is the case, would it have resulted in a scolding from the judge?
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If JK/KK had not provided Nagel with the subpoenas…
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JK/KK are not represented by Bruce (or GAS), so why would they be obliged to turn over the subpoenas to them?
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Does anyone think that what JK posted here was actually what happened? Regarding subpoenas or anything else?
Color me skeptical.
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We will likely never know why the change in counsel occurred. It could be for a rather boring/mundane reason, tbh. The K’s are dishonest people, so even if they were ever to disclose why LK had a change in counsel, it can’t be believed. So we can speculate, but to me, it’s just something I can’t be arsed to care about. It might not be all that “juicy” so to speak.
I am not surprised at all that they’re not being forthcoming and may want to stall things. It’s also entirely possible that they’re being rather careful because this case isn’t the easy slamdunk that they once thought it would be. I mean, the consequences of our own actions and all that. Some people literally cannot comprehend that. They may very well trip and fall over their own egos, but we shall see.
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So if JK was not lying when he stated that the subpoenas had been “turned over to their [JK/KK] lawyers” - then can we assume he meant they sent the subpoenas to their own personal attorneys?
And if that is the case, what happened to the subpoenas at that point? Did their own attorneys forward them on to Nagel? Or did they just decide to sit on them? Or would they have filed them via eCourts? (And if the latter, wouldn’t they then have had to file a Notice of Appearance that they were representing JK/KK?)
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I suspect you are 100% correct! 
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