Archive for March 7th, 2011

David Stern is Finished

According to this letter, which he appears to have drafted and signed himself, David Stern is finished with all foreclosure cases in Florida effective the end of March, 2011.  Can we say “justice is served”?? 

I can’t help but notice, even as he’s leaving, that Stern continues his unethical conduct.  Here, instead of doing whatever is necessary to ensure his withdrawal as counsel in cases where his legal services have been terminated, Stern blames his client for not retaining a new attorney and the new attorneys for not filing substitutions of counsel.  Typical Stern – blaming everyone except himself.  This is particularly egregious because the law and ethics rules are clear – since he’s been fired, Stern must take all necessary steps to ensure his withdrawal as counsel.  That’s not the client’s responsibility, nor is it the new counsel’s job – it’s Stern’s.  You’re the lawyer; you’ve been fired – you need to withdraw as counsel. 

I guess nobody should be surprised that Stern is shirking his ethical responsibilities because he doesn’t want to spend the money to retain enough staff to ensure the job is done correctly (which could be accomplished rather easily, by the way, if Stern retained lawyers to ensure his firm’s withdrawal in these cases).  Of course, if he had done that from the outset of his practice, he wouldn’t have found himself in this situation in the first place.

Mark Stopa

Posted in Main | 1 Comment »