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| 00:06 | - In this program, you'll see a series of dramatized examples based on real-world conduct reviewed by Florida disciplinary authorities. |
| 00:13 | These scenes are designed to highlight what can go wrong when a lawyer abandons professionalism, ignores procedural rules, and confuses aggression with advocacy. |
| 00:22 | Watch for how the conduct develops, the language used towards opposing counsel, toward the court, and even towards court staff. |
| 00:29 | And consider how each choice measures against our obligations under the rules regulating the Florida Bar. |
| 00:35 | With that framework in mind, let's begin with the mediation that quickly reveals the tone of what's to come. |
| 00:45 | - Good morning. |
| 00:46 | We're here to discuss a business dispute between Mr. Brown and Mr. Smith as co-owners of the corporation. |
| 00:54 | Counsel, can one of you guys go ahead and make an opening statement? |
| 00:58 | - Good morning. |
| 00:59 | I represent Mr. Brown in this matter, where we are bringing a claim against Mr. Smith due to him taking large sums of money from the corporate account without valid reason and/or documentation. |
| 01:11 | We'd like to move forward with the resolution. |
| 01:13 | - It's simple. |
| 01:14 | We're not settling this case. |
| 01:16 | Mr. Mayer is incompetent and unethical. |
| 01:19 | - What are you talking about? |
| 01:20 | This is a case about DMW Corporation. |
| 01:23 | I'm not a part of it. |
| 01:24 | I'm the lawyer. |
| 01:25 | That is unfair and untrue to say. |
| 01:27 | - Absolutely not. |
| 01:28 | You're the one who filed this case without any investigation whatsoever. |
| 01:32 | You're accusing a fine and honest businessman of stealing over $1 million from the company. |
| 01:38 | And even more, you know those allegations are false. |
| 01:41 | You've continued to make frivolous, contrived evidence. |
| 01:45 | You've submitted an affidavit from a so-called expert without giving any information substantiating his opinion. |
| 01:51 | And you know what? |
| 01:52 | Additionally, you have refused to submit anything relating to your accountant. |
| 01:57 | It's just fraudulent. It's fraudulent. |
| 01:59 | And you will be held personally responsible. |
| 02:01 | I will see to it that you pay $100,000 in legal fees and costs. |
| 02:06 | I can't believe it. |
| 02:07 | It's very clear that you are... |
| 02:08 | He's litigating this case just to make a dollar. |
| 02:11 | It's disgusting. |
| 02:12 | He's a liar, and I can't do this anymore. |
| 02:16 | - That is highly offensive and untrue. |
| 02:20 | - You're a liar. |
| 02:21 | Your motions are laughable and only drafted to make disparaging comments about my client for no reason. |
| 02:27 | - Literally everything you're saying is false. |
| 02:29 | - You are stupid and dishonest, and I'm formally notifying you that a motion for sanctions against you and your law firm will be filed in three weeks' time. |
| 02:38 | You have committed malpractice. |
| 02:40 | You've allowed your client to file this frivolous lawsuit, and judging by your client's nature, |
| 02:44 | I have no doubt he will be suing you in the near future. |
| 02:48 | - Madam Mediator, how do we get this to stop? |
| 02:50 | - You and your client, Mr. Brown, are evil, insane, crazy. |
| 02:54 | I mean, it's just unbelievable. |
| 02:56 | He's a psychopath. |
| 02:58 | It's crazy. |
| 03:01 | - Well, it's clear that this matter is not going to be resolved today, so what I'm going to do is I'm going to appoint a provisional director to help you guys to move forward because this is clearly going to be deadlock. |
| 03:12 | At this point, the mediation is over. |
| 03:19 | - We've just watched a mediation collapse, not because the dispute was legally irresolvable, but because one lawyer chose open hostility, personal attacks, and threats against opposing counsel, rather than focused advocacy for the client. |
| 03:34 | In the next scene, we'll see the consequences as the same pattern of conduct is redirected toward a neutral, a senior judge appointed as provisional director. |
| 03:42 | Pay close attention to how the lawyer's words and correspondence accusing bias, threatening lawsuits, suggesting conspiracies, can undermine the integrity of the process and trigger court intervention. |
| 03:52 | Let's see how the earlier choices echo when the provisional director seeks payment for her services. |
| 04:02 | - We are here in a matter, where the appointed provisional director, a senior judge, is seeking payment for services rendered to DMW Corporation in matters to continue the operation of the corporation. |
| 04:15 | - Yes, Your Honor. |
| 04:16 | I presented a bill to Attorneys Madallina and to Attorney Mayer for my services to the corporation. |
| 04:22 | Attorney Madallina refused to pay my fee, so I had to bring this action to compel payment. |
| 04:28 | - Did Attorney Madallina give you any reason for her refusal? |
| 04:32 | - Yes, Your Honor. |
| 04:33 | I received a letter from Attorney Madallina. |
| 04:35 | I've never gotten a letter like this from any attorney in my entire life. |
| 04:39 | As you know, I'm a senior judge, and I have 50 years of legal experience as a senior judge and as an attorney. |
| 04:47 | Attorney Madallina accused me of having a cozy and conspirator relationship with Attorney Mayer. |
| 04:54 | She threatened me and said I would be investigated for misusing the law. |
| 04:59 | - Threatened you? |
| 05:01 | - Yes. Attorney Madallina threatened me in that letter. |
| 05:04 | If I didn't withdraw this motion, she would sue me. |
| 05:08 | - Attorney Madallina, is that right? |
| 05:09 | Did you threaten provisional director to sue her if she didn't withdraw her motion for payment? |
| 05:14 | - I mean, absolutely, Your Honor, but there's nothing wrong with that. |
| 05:18 | The provisional director has acted completely improperly in this case and was totally biased against my client. |
| 05:25 | There is absolutely nothing wrong with threatening a legitimate civil lawsuit against someone, especially when they've done something wrong and biased with the opposing counsel. |
| 05:35 | She might find that litigation unpleasant, but that doesn't mean that it's a threat. |
| 05:41 | There she goes, claiming untrue things again. |
| 05:45 | There is no question in my mind, Your Honor, that the provisional director is at the beck and call of Mr. Mayer. |
| 05:52 | Furthermore, either Mr. Mayer is insane or there is some kind of conspiracy here of which my clients and I are not parties. |
| 05:59 | - Judge, I object to that mischaracterization. |
| 06:03 | - Attorney Madallina, |
| 06:04 | I'm finding these hearings with you very difficult. |
| 06:06 | You are getting very loud. |
| 06:08 | I have to tell you this at every single hearing. |
| 06:11 | You are angry, you're making me angry. |
| 06:14 | I don't like angry attorneys. |
| 06:16 | Let me ask you this very, very clearly. |
| 06:19 | Are you claiming that Attorney Mayer and the provisional director engaged in some kind of conspiracy? |
| 06:25 | - Yes, I am. |
| 06:27 | There is circumstantial evidence that the provisional director has used the courts and furthered her own goals and misused the law, and Mayer knows all about it. |
| 06:38 | I mean, I did apologize or I will apologize for using the word conspiratorial, but I am moving to have the provisional director disqualified. |
| 06:47 | Additionally, Judge, it seems that you have a very close relationship with Mr. Mayer as well. |
| 06:52 | And frankly, you've been exchanging personal information, you're way too friendly. |
| 06:56 | I think you should be off this case, too. |
| 06:59 | - Attorney Madallina, I can assure you that Mr. Mayer and I have never spoken outside of open court. |
| 07:04 | I do not appreciate these misstatements that you are making here. |
| 07:07 | If you want another judge, you can have another judge. |
| 07:10 | Somebody file a motion. |
| 07:11 | I would be off this case in a heartbeat. |
| 07:17 | - In that hearing, you saw how accusations and threats against a provisional director spilled directly into the courtroom. |
| 07:23 | The lawyer challenged the neutrality of the provisional director and then extended those attacks to the presiding judge, implying conspiracies and bias without proper factual or legal foundation. |
| 07:34 | Our next example shows a different judge, but a similar pattern. |
| 07:38 | Watch how quickly the new judge responds when personal attacks replace reasoned argument. |
| 07:48 | - We are here on a substantive matter with DMW Corporation. |
| 07:51 | Ms. Madallina, you can begin your argument. |
| 07:54 | - Thank you, Your Honor. |
| 07:55 | This matter is brought to you falsely and wrongly. |
| 07:59 | The claims are false and improper. |
| 08:02 | My client, Mr. Smith, is an honest man. |
| 08:06 | Mr. Mayer and his client are dishonest men and they have brought this action falsely. |
| 08:13 | What more do I have to do to show you that this is false, and my client is honest and he's dishonest? |
| 08:20 | - Objection, Your Honor. |
| 08:21 | - Mr. Mayer, I know. |
| 08:23 | I'm sorry for those comments. |
| 08:25 | - Your Honor, Mr. Mayer has committed malpractice. |
| 08:29 | By deceiving this court so many times and prolonging this matter, it is an abuse of process. |
| 08:34 | Jacob, your client should sue you for malpractice. |
| 08:37 | You should put your carrier on notice today. |
| 08:40 | - Your Honor. (Ms. Madallina scoffing) |
| 08:41 | - Jacob, if you can't produce any evidence of this alleged theft, then you are about to have a big massive problem on your hands. |
| 08:48 | You will join the many attorneys who have been held responsible for their unethical and unprofessional behavior. |
| 08:54 | - Your Honor, I'm going to object. |
| 08:57 | This is offensive. |
| 08:58 | - Your Honor, it is clear that he is lying to this court. |
| 09:03 | - Ms. Madallina, please sit down and stop talking before I hold you in contempt. |
| 09:07 | When you are winning your arguments, you're capable of speaking like an adult. |
| 09:10 | When you start losing, you start yelling, disrespecting Mr. Mayer here and acting like a child, and that will not be acceptable in my courtroom. |
| 09:19 | - Your Honor, I'm sorry, this is absolutely biased. |
| 09:21 | - I've told you three times and I will tell you again that we have no space or room for that type of language and unprofessionalism in my courtroom. |
| 09:29 | I'm a nice guy. |
| 09:31 | When people make me angry, I get very unhappy, and then I will terminate this proceeding. |
| 09:41 | - We've now seen conduct directed at multiple judges, raise voices, accusations of dishonesty, and repeated suggestions of bias and conspiracy, all without appropriate support. |
| 09:51 | The warnings have been clear, but the conduct doesn't stop at the bench. |
| 09:55 | In the next scene, we step out of the courtroom and into the judge's chambers, where staff and bystanders become targets. |
| 10:02 | Harassment and public disparagement of opposing counsel, especially in front of court personnel and other lawyers can damage the administration of justice just as surely as shouting at the bench. |
| 10:13 | As you watch, consider: |
| 10:15 | Does changing location make this conduct acceptable, or does it compound the problem? |
| 10:25 | - Who's next to set a hearing? |
| 10:29 | - Yes. |
| 10:30 | Julia Madallina, Attorney Mayer. |
| 10:32 | I've got to get a hearing in front of the judge. |
| 10:35 | I need to set it, this guy's a liar and a scam. |
| 10:38 | - Please stop shouting at me. |
- No,
| 10:41 | I need to get this on the calendar with the judge. |
| 10:43 | You don't understand. |
| 10:44 | The judge has got to know what a scumbag he is. |
| 10:47 | - Okay. I'm going to need you to stop talking about me that way. |
| 10:50 | It's humiliating. |
| 10:51 | - Listen, I've talked to others about you that way. |
| 10:54 | Everyone talks about you that way, and they all agree and they all know you're a liar and a scumbag. |
| 10:59 | - All right. Everyone needs to calm down. |
| 11:01 | - I know you were the one who filed that bar complaint against me, riddled with lies, and you're a liar, too. |
| 11:13 | - In chambers, you saw that the same aggressive tactics, name-calling, public humiliation, denial of wrongdoing continued, even after warnings from a colleague. |
| 11:24 | That was another chance to self-correct and it was ignored. |
| 11:27 | Next, we return to open court. |
| 11:29 | Instead of recalibrating, the lawyer challenges the judge's impartiality simply because the judge asks routine case management questions of opposing counsel. |
| 11:38 | This illustrates a critical boundary. |
| 11:41 | Raising a good faith concern about bias is one thing. |
| 11:45 | Reflexively accusing bias whenever the court interacts with opposing counsel is quite another. |
| 11:51 | As you watch this scene, ask yourself. |
| 11:53 | At what point do repeated unfounded accusations against the court cease to be advocacy and become conduct prejudicial to the administration of justice? |
| 12:07 | - Okay. We are here continuing a matter on DMW Corporation. |
| 12:11 | I don't remember exactly where we are in this matter, but Attorney Madallina, I remember you, and I trust that you'll back the court only this time. |
| 12:18 | - Well, Your Honor, you have information from the docket where you already overruled Mr. Mayer's objections. |
| 12:24 | - I don't remember that. |
| 12:25 | Mr. Mayer? |
| 12:26 | - Your Honor, the problem with the docket is that- - Wait a minute. |
| 12:28 | Your Honor, why are you asking Mr. Mayer? |
| 12:31 | I just told you, do you believe him more than me? |
| 12:34 | - No, we're not doing that today. |
| 12:36 | - You know, I just wonder why it is that you're always asking Mr. Mayer and you're not believing me. |
| 12:43 | You're completely biased against me. |
| 12:45 | - Oh, my goodness. I'm done. |
| 12:48 | We're not doing this here. |
| 12:50 | All I did was ask one simple question about where we were in the docket, and what do I get back? |
| 12:54 | I get rudeness. I get unprofessionalism. |
| 12:57 | In my courtroom, you will behave accordingly. |
| 13:01 | No. No, we're not doing it. |
| 13:02 | I'm gonna send you guys to a magistrate. |
| 13:04 | Maybe he'll have better luck with you. |
| 13:06 | - Your Honor, |
| 13:07 | I mean, you just seem to question me every single time. |
| 13:09 | That's all I'm saying. |
| 13:11 | I don't know why you're doing this. |
| 13:13 | - I'm done. |
| 13:14 | We're not doing it here. |
| 13:15 | - Again, it just seems like you will never take my word for it. |
| 13:18 | I mean, what am I? Lying? |
| 13:19 | You can't do this. |
| 13:25 | - The pattern has now become familiar. |
| 13:27 | Hostility toward opposing counsel, refusing to accept neutral rulings, and escalating accusations whenever challenged. |
| 13:34 | The judge responds by referring matters to a magistrate, another neutral decision-maker demonstrating how the system attempts to move cases forward despite disruptive behavior. |
| 13:44 | In our next scene, we see a deeper problem. |
| 13:47 | Misquoting statutes, asserting remedies without support, and misstating prior court orders and facts in the record. |
| 13:54 | This is not just incivility. |
| 13:56 | It strikes at our core duties of candor, competence, and honesty. |
| 14:01 | Watch how the magistrate reacts as these misrepresentations accumulate and how the lawyer responds when confronted with proof. |
| 14:13 | - All right, good morning, everyone. |
| 14:14 | We're here regarding several matters, the first of which is the admissibility of the expert forensic accountant's affidavit. |
| 14:21 | I'm guessing there was no supporting expert opinion placed in evidence. |
| 14:26 | - Your Honor, that's correct, that is my motion. |
| 14:29 | The basis of the motion is that that affidavit is completely inadmissible for any evidentiary purpose because there is a specific statute that requires the disclosure of the underlying data supporting that expert opinion. |
| 14:42 | Therefore, this is not admissible at all. |
| 14:44 | - Okay. Response? |
| 14:46 | - Your Honor, this statute was not cited in any of the motions, any of the memorandum. |
| 14:51 | It's not attached anywhere, so I'd ask that the court review the statute. |
| 14:54 | - Attorney Madallina, do you have a copy of that with you? |
| 14:57 | - You know, Your Honor, I just looked, and I'm afraid I don't. |
| 15:01 | - Well, let's pull it up and take a look. |
| 15:03 | And give me one second here. |
| 15:07 | All right, you know, in reviewing the statute, |
| 15:09 | Attorney Madallina, it says an expert may testify without prior disclosure. |
| 15:14 | Doesn't say anything about requires. |
| 15:17 | And you've misquoted that statute without any supporting documentation. |
| 15:23 | There's no review made by opposing counsel ahead of time. |
| 15:26 | You really can't do this again. |
| 15:27 | Your motion is denied. |
| 15:29 | What's the next matter? |
| 15:30 | - Well, Your Honor, I am also seeking an injunction. |
| 15:34 | - Okay, I was briefed on a case about damages. |
| 15:38 | - Well, Your Honor, this case is about damages, but you, as the court, are empowered to enter an injunction also. |
| 15:46 | - Your Honor, I have no such information on this claim, nor has any authority been provided to me. |
| 15:51 | It was not made a part of the pleadings, it's not been made a part of the record, and there is no authority available here. |
| 15:57 | - Counsel, do you have any case law where a court, upon granting a motion for summary judgment for damages, has also entered an injunction? |
| 16:06 | - I mean, I don't have the case law with me today, |
| 16:09 | Your Honor. |
| 16:10 | - Denied. |
| 16:11 | Attorney Madallina, you're making claims without supporting authority. |
| 16:15 | You're on thin ice. |
| 16:17 | - Magistrate, I mean, I do just want to remind you that the court previously found that this lawsuit was filed by Mr. Mayer's client solely to damage and destroy my client and the company. |
| 16:29 | The predecessor judge in this case found just as much. |
| 16:32 | He ruled that Mr. Mayer's client, Mr. Brown, had essentially destroyed the company. |
| 16:38 | It was explicitly found to be an abusive process. |
| 16:40 | - Okay, let me take a look at this order. |
| 16:45 | Ms. Madallina, in reviewing this record, contrary to your representation regarding the prior judge's ruling, |
| 16:53 | Judge Powell actually struck any factual findings regarding the filing of this matter or any facts to be found at all. |
| 17:00 | This is now the third time that you have misrepresented a matter to me. |
| 17:04 | - Your Honor, I have done no such thing. |
| 17:07 | Take a look at the previous order. |
| 17:09 | I mean, Mr. Mayer's client, well, he was ordered to cease all interference with the corporation. |
| 17:15 | - Yes, Your Honor, I have the order here, and it merely states that my client should refrain from making any more payments into the corporate account or from the corporate account. |
| 17:26 | There was no such language regarding interference. |
| 17:30 | - Ms. Madallina, where are you getting this interference language? |
| 17:33 | - I mean, it was in there, Your Honor. |
| 17:36 | I just can't find it at the moment, but in any event, |
| 17:39 | Mr. Mayer's client also did not pay his obligation to the court-appointed accountant. |
| 17:45 | - Are you saying that Mr. Brown did not pay anything toward the court-appointed accountant despite being ordered by the court to do so? |
| 17:52 | - Absolutely. Absolutely. |
| 17:54 | My client alone is the one who has made this payment. |
| 17:57 | - Your Honor, that is false. |
| 17:59 | I can demonstrate not only that my client paid his share of the accounting fees, but I also have emails between myself and Ms. Madallina regarding the delivery of the check of those fees. |
| 18:09 | - Ms. Madallina, you have repeatedly lied to this court, and this hearing needs to come to a close. |
| 18:15 | - No, not yet, Your Honor. |
| 18:17 | I have a verified charge. |
| 18:18 | I have a verified charge. |
| 18:20 | Mr. Mayer's client submitted an anonymous complaint to the Florida Department of Children and Family Services. |
| 18:27 | They've accused my client and his wife of child neglect. |
| 18:30 | They even put a GPS tracker on their vehicle. |
| 18:33 | - Your Honor, I have questioned Ms. Madallina's client, |
| 18:37 | Mr. Smith, in connection with those accusations. |
| 18:40 | I asked him, and I'm quoting from the transcript here, |
| 18:43 | "With respect to the report made to the child services, name a single piece of evidence that you have that my client or a spouse was responsible for making that report." |
| 18:53 | And Mr. Smith responded, "I don't have any evidence of it." |
| 18:58 | Then, I asked him, "The tracking device on your car. |
| 19:01 | Do you have one shred of evidence that this was done by my client or his spouse?" |
| 19:05 | His answer, "No, I do not." |
| 19:10 | - Ms. Madallina, you have failed to bring any substantive claims today, and you have made misrepresentations throughout the entire hearing. |
| 19:18 | - Magistrate, hear me out. |
| 19:19 | You have to help. |
| 19:21 | I mean, Mr. Mayer himself is harassing my client's customers and vendors. |
| 19:28 | - Your Honor, you will find that the documents that Ms. Madallina is attempting to use to establish this harassment consists of nothing more than normal document requests, asking for delivery receipts. |
| 19:39 | Ms. Madallina's client, Mr. Smith, has refused to produce any documents whatsoever. |
| 19:45 | - Your Honor, he doesn't need any of the records. |
| 19:47 | That's the thing. |
| 19:48 | The court-appointed accountant, in this case, examined the books of the corporation, said they were fine, everything was fine. |
| 19:55 | - Judge, please review the accountant's report. |
| 19:58 | It contains page after page of criticism about the bookkeeping and accounting procedures that were used by Ms. Madallina's client. |
| 20:10 | - Ms. Madallina, your motion is denied and we're done here. |
| 20:21 | - By now, we followed a continuous threat of conduct, personal attacks and mediation, threats and accusations against a provisional director, hostile exchanges with multiple judges, disparagement of opposing counsel in public spaces, and repeated misstatements of law and facts to the court and magistrate. |
| 20:38 | Our final scene shows where this road leads, a bar discipline proceeding. |
| 20:43 | As you watch, focus on two questions. |
| 20:46 | Does doubling down, denying responsibility, and invoking zealous advocacy excuse this behavior? |
| 20:52 | And what message does this pattern send about our professions to clients, courts, and the public we serve? |
| 20:58 | Let's see how the disciplinary system assesses these choices. |
| 21:05 | - We are here in the matter of Attorney Jacob Mayer's complaint against Attorney Julia Madallina for unethical behavior and sanctions by the Supreme Court. |
| 21:16 | Ms. Madallina, you continue to maintain that there was no wrongdoing by you in the handling of any matter in this DMW Corporation case. |
| 21:26 | - That's absolutely correct. |
| 21:28 | All of my actions, what you are calling unprofessional or wrong conduct, was completely justified. |
| 21:35 | By the way, Mr. Mayer brought this matter. |
| 21:38 | If you thought I was acting in an unprofessional or unethical manner, |
| 21:43 | I was just reacting to his dishonest and criminal conduct. |
| 21:46 | - Do you honestly believe that Mr. Mayer acted dishonestly and criminally? |
| 21:52 | - Unquestionably. |
| 21:53 | This was frivolous litigation from the outset. |
| 21:56 | - Did you ever file a motion for sanctions against him for that? |
| 22:00 | - Well, no, but it was... |
| 22:03 | He completely deserved how I acted. |
| 22:05 | - Do you have any regret at all at your behavior toward Mr. Mayer? |
| 22:11 | - No. Actually, I enjoyed it. |
| 22:14 | It's just the greatest joy of my career. |
| 22:16 | Part of me, even though I knew this nightmare for my client and nightmare for my law firm would just consume us, |
| 22:23 | I wouldn't get paid. |
| 22:25 | Knowing that he just acted so wrongly, |
| 22:27 | I mean, if I knew all that, you know, he's just acting wrongly. |
| 22:33 | He filed this case when he shouldn't have. |
| 22:34 | Sure, great, it's a source of enjoyment for me. |
| 22:37 | You know what? |
| 22:38 | I've got a First Amendment right to say what I want. |
| 22:40 | - So all of these emails and the yelling were just for your fun? |
| 22:45 | - No, I mean, I also wanted him to drop the case. |
| 22:48 | It was advocacy. |
| 22:49 | It's called zealous advocacy, okay? |
| 22:52 | If I speak loudly, it's because I'm frantic. |
| 22:55 | I'm desperately trying to save my client's case. |
| 22:59 | You know, I've been told thousands of times that I speak too loudly. |
| 23:02 | Sometimes, I lose control over my voice when I get upset. |
| 23:05 | It happens. |
| 23:07 | - Soon, we will hear from the provisional director whom you accused of misconduct and threatened to sue, unless she withdrew her motion for payment. |
| 23:17 | She's supporting the complaint here. |
| 23:19 | - I was told by bar counsel that the provisional director was not going to testify. |
| 23:24 | This is a total surprise. |
| 23:26 | She can't be allowed to testify. |
| 23:28 | Your response, Mr. Mayer? |
| 23:29 | - I sent an email to Ms. Madallina, Ms. Madallina's counsel, and counsel secretary, advising them that the provisional director would be testifying here today. |
| 23:38 | Ms. Madallina is not being truthful with you. |
| 23:41 | - Ms. Madallina, did you receive this email? |
| 23:44 | - I don't know. |
| 23:45 | The provisional director was biased in favor of Mr. Mayer and his client anyways. |
| 23:50 | She didn't do her job properly. |
| 23:52 | I was right to accuse her of that. |
| 23:54 | There is circumstantial evidence that he has used the courts and misused the law, but I did apologize to Mr. Mayer for using the word conspiratorial about him. |
| 24:05 | And frankly, |
| 24:06 | I think there isn't any issue here left to be resolved. |
| 24:09 | - So, you did. |
| 24:11 | Mr. Mayer will also be testifying here. |
| 24:14 | Ms. Madallina, do you acknowledge that your emails and letters to opposing counsel, where you described him as being, and I quote, |
| 24:23 | "A liar, unprofessional, ludicrous, boundright unintelligent, dishonest, and screaming that he is underhanded and has come back in the courthouse," |
| 24:35 | were a glaring example of how not to conduct oneself as a lawyer? |
| 24:40 | - I acknowledge nothing. |
| 24:42 | - Ms. Madallina, this is not the first time you find yourself in this situation. |
| 24:47 | You've been found to have acted unprofessionally before in an ethics hearing. |
| 24:53 | You attended ethics school as part of that process and were asked to leave for being disruptive. |
| 25:00 | - No. |
| 25:01 | I was wrongfully prosecuted by bar counsel in bad faith in that case, and I don't recall attending ethics school. |
| 25:08 | - In that previous discipline action, the judge indicated, and I quote, |
| 25:13 | "I have observed that Ms. Madallina is constantly accusatory in tone and by choice of words. |
| 25:20 | She has been consistently disrespectful to the court, to the lawyers, to the parties, and to the witnesses. |
| 25:27 | She has accused counsel of exfoliation of evidence, of illegal conduct, of unprofessional behavior, and of lying. |
| 25:36 | She has demeaned the justice system, law enforcement, her own profession, and my profession. |
| 25:44 | She has refused to accept the court's ruling. |
| 25:48 | She has constantly argued about rulings once I've made them. |
| 25:52 | She has called not just one attorney incompetent, but almost every attorney that has appeared here either as a witness or as counsel of record, and even her own client's prior counsel. |
| 26:07 | And she has berated the court." |
| 26:09 | It's also noted that you gelled at this judge in a public restaurant during lunch break after a trial. |
| 26:17 | Do you see that this hearing is alleging the same behavior? |
| 26:22 | - No, absolutely not. |
| 26:24 | And frankly, that judge was biased against me. |
| 26:27 | He was from the Panhandle. |
| 26:28 | You know how they are over there. |
| 26:30 | The judge also thought I was what? |
| 26:32 | Too young, too loud from New York. |
| 26:35 | That's the only reason that action happened at all. |
| 26:38 | It just was all in bad faith by that judge. |
| 26:41 | - And now, we have this matter, which comes to us after probable cause findings by the Grievance Committee. |
| 26:49 | During the pendency of this proceeding, did you write to bar counsel, and I quote, |
| 26:53 | "If the bar files this action against me, it will be met with a counter suit and against you personally. |
| 27:00 | I know and I'm very close friends with some of the most powerful and respected lawyers in the state, and all will know of your and your chairman's malicious prosecution of me." |
| 27:14 | Did you also write to bar counsel that you would be reporting her conduct to her superiors and that she was obstructing justice? |
| 27:23 | - I acknowledge nothing. |
| 27:27 | - At this point, you've seen how a single lawyer's choices, moment by moment, email by email, hearing by hearing, can grow into a disciplinary case that threatens a career. |
| 27:39 | Nothing in these scenes turned on an unsettled point of law or a complex constitutional question. |
| 27:45 | These violations grew out of basic avoidable decisions, choosing insults over arguments, imputing bad faith without evidence, refusing to accept rulings, misquoting authorities, attacking neutrals and court staff, and then defending it all as zealous advocacy. |
| 28:03 | That is not advocacy. |
| 28:04 | Under the rules regulating the Florida Bar, it is misconduct. |
| 28:08 | As Florida lawyers, we hold a license that depends on public trust. |
| 28:12 | Our words carry weight with clients who may not know better, with judges who must rely on our candor, and with public that measures the justice system by how we behave inside it. |
| 28:22 | The lesson of this story is simple. |
| 28:24 | Zealous representation and professionalism are not in conflict. |
| 28:28 | The strongest advocacy is accurate, prepared, courteous, and grounded in fact in law. |
| 28:33 | If you find yourself where this lawyer stood, angry, defensive, tempted to lash out, stop, reread the rules, seek mentoring, reset. |
| 28:44 | Our clients deserve better. |
| 28:46 | Our courts demand better. |
| 28:47 | Our oath requires better. |
| 28:50 | And each of us is responsible for making sure that what you've just seen remains a cautionary tale, not a case study in our own practice. |
