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Samsung attorney argued in court without proper license to practice

post #1 of 105
Thread Starter 
It was discovered Thursday that Samsung lawyer Susan Estrich represented the company in Apple v. Samsung despite not having the proper license to practice law in the suit's jurisdiction of the Northern District of California, a mistake seen as yet another gaffe in the South Korean company's case management.

According to the case's official minutes, Estrich, a law professor at the University of Southern California and Fox News commentator, was part of Tuesday's hearing regarding evidence spoliation despite lacking a notice of appearance and more importantly not being admitted to the Northern District of California bar.

Presiding Judge Lucy Koh, in a previous order, said "ALL TRIAL LAWYERS must make appearances in this case and must be admitted in this District" (emphasis in order). While Estrich said she presented the so-called "me too" motion in good faith, the Court may still decide to sanction Samsung for the oversight.

Judge Paul Grewal first questioned the attorney on the matter, with Estrich subsequently confessing the court records were correct and takes full blame, saying that she thought she had already been admitted to the district since 1986. In actuality, Estrich is only licensed to practice in the Central District of California, notes Florian Mueller of FOSS Patents, which generally comprises the greater Los Angeles area. To remedy the situation, the attorney "immediately applied for and [has] been admitted to practice before the District Court of the Northern District of California."

In her statement, Estrich wants "the Court not [to] hold these inadvertent omissions on [her] part against the merits of [her] client's case."

As far as her appearance on Tuesday is concerned, Estrich said her current law firm Quinn Emanuel asked her to argue the evidence spoliation claims on Saturday due to increased pressure on the team's other members. The adverse inference jury instruction claims Samsung is being held to evidence spoliation standards over the company's automatic e-mail deletion protocols, a system it argues is similar to e-mail deletion steps taken by Apple.

Estrich Appearance
Susan Estrich's notice of appearance on Thursday. | Source: Apple v. Samsung court documents


Samsung has been criticized for certain missteps including a recent "leak" of excluded trial documents to the press. John Quinn, the party's lead counsel, claimed the dissemination of the sensitive material was both legal and ethical.
post #2 of 105

I couldn't help but chuckle a little bit. If Samsung wins this case, I'll be very surprised.  Not much going right so far...

post #3 of 105

Could this potentially be grounds for a mistrial or make appeals easier for Samsung since their lawyer breached the law?

post #4 of 105

Sounds like Samsung has the 3 Stooges for attorneys. Just end the trial now and give Apple what they want.

post #5 of 105

This is like the Marx Brothers representing the Three Stooges...   I mean, Mongolians would call this a 'California Cluster F**k'

post #6 of 105

"Honest officer, I thought I had a license to drive this car here, I'll just go get one."

 

One rule for the average Joe, why should there be another one for lawyers?

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post #7 of 105
Quote:
Originally Posted by bdkennedy View Post

Sounds like Samsung has the 3 Stooges for attorneys. Just end the trial now and give Apple what they want.

 

Two giant corporations with more money than they know what to do with. What did you expect anyway?

post #8 of 105
Quote:
Originally Posted by Slang4Art View Post

Could this potentially be grounds for a mistrial or make appeals easier for Samsung since their lawyer breached the law?

 

Only Apple would have to move for a mistrial.   They can keep their powder dry on this round.  

 

As for appeal... The only appeal would be Samsung firing current counsel and having new counsel raise the point that prior counsel was incompetent.  If not granted, then they have grounds to appeal that ruling.

post #9 of 105

The entire story of the trial would make for a spectacular buddy comedy movie, and it isn't even anywhere near done! Follow the exploits of the Samsung lawyers as they bumble their way through failure after failure, just stacking on the incompetence.

 

It's like a pie truck crashing into an international clown convention. Horrible, but still hilarious.

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post #10 of 105
Quote:
Originally Posted by AppleInsider View Post

It was discovered Thursday that Samsung lawyer Susan Estrich represented the company in Apple v. Samsung despite not having the proper license to practice law in the suit's jurisdiction of the Northern District of California.
 

Uh...I don't get it...couldn't she just copy someone else's license???

post #11 of 105
Quote:
Originally Posted by AppleInsider View Post

It was discovered Thursday that Samsung lawyer Susan Estrich represented the company in Apple v. Samsung despite not having the proper license to practice law in the suit's jurisdiction of the Northern District of California. ...

 

The other sites reporting this (yesterday) are saying that if true, it would cause the whole case to be collapsed and decided in Apple's favour.  I hope that's not true.  I want Apple to win, but to win on a technicality without the central issue being decided would be a bad thing for everyone really.  

 

Also not mentioned in this article ... the lawyer in question is a Fox news commentator.  Can't make this stuff up!

post #12 of 105
Quote:
Originally Posted by Tallest Skil View Post
...

It's like a pie truck crashing into an international clown convention. Horrible, but still hilarious.

 

Or a guy dressed as a peanut being crushed to death by an Elephant. 

post #13 of 105
Quote:
Originally Posted by bdkennedy View Post

Sounds like Samsung has the 3 Stooges for attorneys. Just end the trial now and give Apple what they want.

Dewey, Cheatham, and Howe.

post #14 of 105
Quote:
Originally Posted by Tallest Skil View Post

The entire story of the trial would make for a spectacular buddy comedy movie, and it isn't even anywhere near done! Follow the exploits of the Samsung lawyers as they bumble their way through failure after failure, just stacking on the incompetence.

 

It's like a pie truck crashing into an international clown convention. Horrible, but still hilarious.

 

Unless all this stuff is a tactical ploy to get this case to drag on as Samsung continues to make money selling stuff.

 

Wouldn't a mistrial set things back a few more years?

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post #15 of 105

This is hilarious.  Totally an epic fail.  Curious to see what the android kids theory on this one will be. 

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post #16 of 105

That wretch of a woman is a law professor at USC? Correct me if I'm wrong, but should she not be sanctioned and get her ABA status to practice law disabled until she complies?

post #17 of 105
Quote:
Originally Posted by Tallest Skil View Post

The entire story of the trial would make for a spectacular buddy comedy movie, and it isn't even anywhere near done! Follow the exploits of the Samsung lawyers as they bumble their way through failure after failure, just stacking on the incompetence.

 

It's like a pie truck crashing into an international clown convention. Horrible, but still hilarious.

 

Rofl, seriously though, Samsung is so pathetically hilarious that every time I read another of these articles in disbelief it feels more like im reading the onion than actual news, I have to stop and tell myself against my own intuition that this is actually real.

 

How did this even make it to trial? Is anyone else here as awestruck at how lopsided and ridiculous this whole thing is? Even die hard samsung fans have to be struggling internally with supporting this nonsense.

post #18 of 105

Samsung, a company full of lies and corruption. What can we expect? By the way, did you all see the Samsung copycat video on Conan O'Brien Show? It's really funny. 

post #19 of 105
Quote:
Originally Posted by boredumb View Post

Uh...I don't get it...couldn't she just copy someone else's license???

LMAO
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post #20 of 105
Quote:
Originally Posted by mdriftmeyer View Post

That wretch of a woman is a law professor at USC? Correct me if I'm wrong, but should she not be sanctioned and get her ABA status to practice law disabled until she complies?

I'd agree she should be seriously punished. Deportation to Korea would seem fitting! LOL
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post #21 of 105
Quote:
Originally Posted by mdriftmeyer View Post

That wretch of a woman is a law professor at USC? Correct me if I'm wrong, but should she not be sanctioned and get her ABA status to practice law disabled until she complies?


No.

 

 

Quote:
To remedy the situation, the attorney "immediately applied for and [has] been admitted to practice before the District Court of the Northern District of California."
post #22 of 105
Quote:
Originally Posted by Tallest Skil View Post

The entire story of the trial would make for a spectacular buddy comedy movie, and it isn't even anywhere near done! Follow the exploits of the Samsung lawyers as they bumble their way through failure after failure, just stacking on the incompetence.

 

It's like a pie truck crashing into an international clown convention. Horrible, but still hilarious.

 

Ya' did it again...  Not a movie, but an on and on and on-going TV series... Let's see, we could call it Courtroom...  And  it could star Britney Spears as Susan Estrich...  They are both mentally screwed up, but have very  nice,  big ...  smiles (and cleavage, too!).

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post #23 of 105
Quote:
Originally Posted by Gazoobee View Post

 

Or a guy dressed as a peanut being crushed to death by an Elephant. 

 

Chuckles the Clown!

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post #24 of 105

I should be shocked that this could happen with a massive multi-billion $$ company, but I'm not. 

post #25 of 105

I think apple should motion for circus music to be played everytime a samsung lawyer speaks.

post #26 of 105
Quote:
Originally Posted by Slang4Art View Post

Could this potentially be grounds for a mistrial or make appeals easier for Samsung since their lawyer breached the law?

 

That is exactly what I was thinking too!

post #27 of 105
It just gets betterer and betterer. The Keystone Kops aren't as funny.

Edited by dasanman69 - 8/10/12 at 3:38pm
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post #28 of 105
Quote:
Originally Posted by xRCx View Post

 

Rofl, seriously though, Samsung is so pathetically hilarious that every time I read another of these articles in disbelief it feels more like im reading the onion than actual news, I have to stop and tell myself against my own intuition that this is actually real.

 

How did this even make it to trial? Is anyone else here as awestruck at how lopsided and ridiculous this whole thing is? Even die hard samsung fans have to be struggling internally with supporting this nonsense.

 

The Australian trial was equally hilarious as well. That's where Samscum's own lawyer couldn't tell the difference between the two products. Also, one of the Samscum lawyers was removing an affidavits from his brief case, in court, and accidently tore it in two, so the signature was separated from the text. Or so he said. Seeing what they are trying to pull in this courtroom makes me wonder about that affidavits now.

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post #29 of 105
Quote:
Originally Posted by digitalclips View Post


I'd agree she should be seriously punished. Deportation to Korea would seem fitting! LOL

Yeah, to the North part where the son is no longer Il.

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post #30 of 105

Geez! Susan Estrich is that far left-wing dingbat who appears on Fox News from time to time. Samsung must be trying to throw the case.

post #31 of 105
Quote:
Originally Posted by Gazoobee View Post

 

The other sites reporting this (yesterday) are saying that if true, it would cause the whole case to be collapsed and decided in Apple's favour.  I hope that's not true.  I want Apple to win, but to win on a technicality without the central issue being decided would be a bad thing for everyone really.  

 

Also not mentioned in this article ... the lawyer in question is a Fox news commentator.  Can't make this stuff up!

 

Estrich was featured on Fox News quite often during the Clinton-Lowinsky Affair, Eliån Gonzales... She regularly took (and takes) the side of liberals -- AIR, she defended Clinton and the deportion of Gonzales...  So, the fact that Estrich appears on Fox News (along with Combs, Juan Williams, Geraldo Rivera (Jerry Rivers at Univ. of Arizona), and others -- does not mean that she is a biased conservative as you seem to be suggesting with your dismissive comment.

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post #32 of 105
Quote:
Originally Posted by Macky the Macky View Post

 

The Australian trial was equally hilarious as well. That's where Samscum's own lawyer couldn't tell the difference between the two products. Also, one of the Samscum lawyers was removing an affidavits from his brief case, in court, and accidently tore it in two, so the signature was separated from the text. Or so he said. Seeing what they are trying to pull in this courtroom makes me wonder about that affidavits now.

lol, it makes me wonder when this whole spectacle will just be over. At what point will the judge just loose her cool and say ive had enough of this stupid crap and toss the case out, or rule in apples favor.

post #33 of 105
Apple vs. Samsung

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post #34 of 105

At this rate, Apple just needs to show up in court every day and let the defendant present first.

 

I wonder if I can trade my tickets to the comedy club tonight for tickets to the baseball game? I've had enough laughs for today.

post #35 of 105
Quote:
Originally Posted by xRCx View Post

Even die hard samsung fans have to be struggling internally with supporting this nonsense.

 

To them it's just more proof that:-

 

i) the judge is biased,

 

ii) Apple paid the judge off.

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post #36 of 105
Originally Posted by hill60 View Post
To them it's just more proof that:-

 

i) the judge is biased,

 

ii) Apple paid the judge off.

 

"Koh got the I-phone 5 early in exchange for making Samsung look like idiots! Bias!"

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post #37 of 105
Quote:
Originally Posted by xRCx View Post

I think apple should motion for circus music to be played everytime a samsung lawyer speaks.

 

Ahh.. Thunder And Blazes... Hum along with me now...

 

Dat, Dada Dah!  Dat, Dada Dah.... Dat, dada dahdah dadah dadah;  Dat, dada dahdah dadah dadah....

 

I have the music -- just no way to post it to AI, anymore :(

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post #38 of 105
Quote:
Originally Posted by Gazoobee View Post

The other sites reporting this (yesterday) are saying that if true, it would cause the whole case to be collapsed and decided in Apple's favour.  I hope that's not true.  I want Apple to win, but to win on a technicality without the central issue being decided would be a bad thing for everyone really.  

Also not mentioned in this article ... the lawyer in question is a Fox news commentator.  Can't make this stuff up!

As a liberal/left commentator, often substituting for Alan Colmes, and was Michael Dukakis' campaign manager....not sure why the Fox comment was relevant...
post #39 of 105

As an attorney licensed to practice in a federal jurisdiction, while the attorney indeed made an error, it's not exactly the end of the world.  I wouldn't expect the court to be too upset, although federal judges have been known to blow a gasket for less.  Getting admitted to a federal jurisdiction when you're already admitted in another is pretty simple affair, and usually in federal cases it's simply a matter of moving to represent an individual "pro hac vice".  Again no biggie.

 

This is a bit embarrassing (I know exactly where I'm admitted to practice - I find it hard to understand how someone cannot know their status), but not grounds for a mistrial when the attorney argued a motion hearing, not the trial itself.  They could argue theoretically their counsel was ineffective during the hearing which played a part in what was or was not admissible in court, but I don't see that getting any traction.

post #40 of 105
Originally Posted by Dick Applebaum View Post

I have the music -- just no way to post it to AI, anymore :(

 

You can zip it!

 

Unless it's over 5MB… 


Edited by Tallest Skil - 8/10/12 at 3:57pm

Originally posted by Marvin

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Originally posted by Marvin

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