Wednesday, March 14, 2007

"David Markus" ineffective

So the calls and emails started rolling in this morning. Who was that lawyer taken to task throughout the opinion in Richard Thompson v. United States, they asked. I quickly jumped onto the 11th Circuit website and read today's opinion.

The coffee I was sipping went all over my desk!

Judge Barkett, writing for the 11th Circuit, in a published decision explained how criminal defense lawyer "David Markus" was ineffective.

The thing is, it's not me -- it's the other criminal defense lawyer in town named David Markus. He's David Scott Markus. I'm David Oscar Markus. The court didn't use any middle initial. So now what do I do? Any suggestions?

UPDATE -- the problem has been fixed.

12 comments:

Anonymous said...

Submit a letter to the court, and/or call the judge's clerk, explaining the problem and asking them to issue an amended opinion clarifying the identity of the ineffective counsel. You might get a sympathetic judge, and in any case, it can't hurt to try.

Anonymous said...

Sue for defamation, of course. Come on, you're a lawyer! :)

Anonymous said...

Make a motion so it's on the record.

Anonymous said...

Make lemonade from your lemon.

I'd write a series of posts that chronicles your attempt to seek an amended order. This might result in a few more incoming links, higher Google rating and more clients. You've been handed a unique issue...run with it.

Also, it would make it clear to prospective clients you haven't done anything wrong.

And it might be fun. At least for your readers.

Anonymous said...

I suggest you change your name. David McGillicudy has a nice ring to it.

t.s. said...

Try to get folks to link to this post, especially using different versions of the name. You want people Googling the name to find this post.

alkali said...

Write a letter to the court requesting a clarification. File it with the clerk of the 11th Circuit so that it's part of the record.

Do not rely on Google, which for all you know may be a skidmark on the information superhighway in five years, to keep a record of your (entirely valid) complaint.

Andrew said...

Prove to the world that the other David Markus did in fact provide effective counsel. Become his lawyer, pro bono. What could be simpler?

Anonymous said...

All you need to do is write a letter to the court, addressed to the 3 judges on the panel, pointing out the issue and requesting they clarify it. Such clarifications are no different than correcting a typo or grammatical error. Anyone can submit such a letter.

Anonymous said...

Suggestions?

Keep working on that "spit take." It made a star out of Danny Thomas on the '60s sitcom "Make Room for Daddy."

Anonymous said...

It's fixed. See http://www.ca11.uscourts.gov/opinions/ops/200516970op2.pdf

(revised note 3)

Anonymous said...

Well David (or Mr.M as your client would say), I have at least 20 people who will be more than happy to let the world know that you are one of the best and effective attorneys ever to walk the face of the earth. Ineffective? Never!!! Your wisdom and knowledge is what gave my family a second chance to be together in the near future. I thank you and appreciate you. Yes, I do read your post quite often and this is one that I had to respond to!! :)