Video is posted below. Worth watching.
Blowing off the Supreme Court is never a good idea. Vicksburg attorney Michael Winfield found out how true that little fact is when he decided to ignore a Mississippi Supreme Court order to show up and explain why the court should not discipline him. Mr. Winfield is the brother of the former Vicksburg Mayor and convict Paul Winfield. The court ordered Mr. Winfield to appear on April 30 and explain why he should not be held in contempt of court. Mr. Winfield would not have appeared in court if the clerk had not called him on order from the Supremes. In other words, he made the justices track him down. Not very smart. The hearing was supposed to start at 1:30. He finally appeared after 2:00. The wayward lawyer claimed he received the notice but didn't put it on his calendar. Needless to say, the justices were none too amused with his excuses as is evident in the video below.
This whole episode began when a Paula Dees sued Vicksburg Healthcare (DBA River Region Health System) in 2011 for negligence. She alleges she suffered from a bedsore that developer on her buttock while a patient at the hospital. She retained lawyer Michael Winfield. She won her case but Vicksburg appealed. Then the real fun began in this case.
Vicksburg filed the required appellant brief but Mr. Winfield never could seem to find the time to file the appellee brief for his client. The Court gave Dees on November 27, 2013 an extension to file her response until January 2, 2014. Dees didn't file anything but the court gave her another fourteen days to file a response (January 22)). Dees asked for thirty more days on January 21. Mr. Winfield did not state any reason for the repeated delays. Mr. Winfield even claimed he served the request on Vicksburg by email yet the company said it never received the email. The court ordered Mr. Winfield on February 3 to show why the court should not impose sanctions upon Ms. Dees for the failure to file a brief. Reread this paragraph again because the timeline is important.
Mr. Winfield did not deliver a brief within those fourteen days. He finally delivered one to the court on February 26- after the close of business. The brief contained numerous errors including pages and names that were copied and pasted from other briefs. The court ordered Mr. Winfield on March 26 to appear before the court on April 30 at 1:30 to show why he should not be disciplined by the court (A timeline from a Vicksburg filing is posted below).
Mr. Winfield told the court in one filing he had suffered a great deal of personal turmoil in his life: His brother went to jail, his wife divorced him, and he had no secretary. Copy of response and reasons for delays. Vicksburg said his brother went to jail several weeks before the brief was first due. He represented himself in his divorce case and had no problem following rules and deadlines in that proceeding, and there were temp agencies who could provide typing services. Copy of Vicksburg response.
There is no way to put it: The court chewed out Mr. Winfield after he appeared over a half-hour after the hearing was supposed to begin. Keep in mind the court had to have a clerk find him or else he would not have appeared before them- as he admitted. Mr. Winfield admitted he did not place the hearing on his calendar. He said he had two hearings that morning and that he did not appear because he had to attend a meeting between a Canton teacher and her superintendent. The justices were incredulous that he did not appear nor place the date on his calendar (See the transcript below, its entertaining.). Justice Kitchens said if he had received such a notice from the Supreme Court, he would have "camped out the night before" and thought about the hearing every "waking moment".
The justices were further angered when they learned he did not notify the client about this hearing or that her brief was not filed on time. They were very concerned that she did not know her case might get dismissed because of his negligence and that she had no idea her attorney was in trouble in her case.
The court imposed a $500 fine on Mr. Winfield and ordered him to pay it in monthly installments of $100 (One gets the idea that the court did not levy a higher amount because well, a turnip was involved.). The court also ordered him to pay $1,500 to Vicksburg for attorney's fees and court costs. as well as ordering him to report to the Bar for further analysis.
The bar gave him a clean bill of health in regards to any health or mental issues. However, Mr. Winfield did not pay any part of his fines. The health care company filed a motion for contempt against Mr. Winfield in May. Copy of motion for contempt The court ordered Mr. Winfield to appear on July 24 at 10:00 AM to show why he should not receive further discipline from the court. Copy of July 3 show cause order
The court stated there were several possible outcomes to the July 24 hearing if found in contempt:
1. The striking of his client's brief
2. entry of a judgment in favor of Vicksburg Healthcare
3. Payment of entire $2,586 for Vicksburg attorney's fees
4. Suspension or disbarment
5. Incarceration until contempt is purged.
Timeline
Original Due Date for Appellee’s Brief 11/27/13
Appellee’s Request for Extension 11/27/13
Extended Due Date Granted by Court 1/2/14
(Missed by Mr. Winfield)
Supreme Court Deficiency Notice to Mr. Winfield for Failure to File Brief Ordered to Show Cause by 1/22/14 1/8/14
Manually Filed Motion for Extension Filed Mr. Winfield 1/21/14
E-Filed Motion for Extension by Mr. Winfield 1/29/14
E-Filed Document Mar 11 2014
Opposition to Extension by VHC 1/29/14
Order by Supreme Court Giving Mr. Winfield Until 2/17/14 to File Brief and to Show Cause Regarding Sanctions 2/3/14
New Due Date (Missed by Mr. Winfield) 2/17/14
Letter to Court (Copy to Mr. Winfield) by
VHC re Missed Deadline (Attached as Ex. “A” hereto) 2/21/14
Response to Request for Show Cause Filed by Mr. Winfield (No Brief Filed) 3/6/14
Trial court amended complaint
Dees letter to Mississippi Supreme Court
Feb. 3 order to show cause
January order to show cause
Santions order
VHC's response to Winfield's excuses
May order to show cause
Friday, July 18, 2014
A lesson in how not to practice law
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49 comments:
Is that Kitchens on the left?
They asked him why. It was an open ended question. It could have been an emergency. He messed up and started recounting his day instead of saying he forgot. Not smart. As for 'not putting on his calendar', I think a lot of people run their lives from their electronic calendars. If they are diligent in how they use it, this is better than just using your memory. Really nothing wrong with this. Eventually every person will make a mistake. My guess is that most lawyers have to argue a case in court and have to prepare to do so. In that case it would be like saying I forgot I had a chemistry exam today. Oh, really? What were you thinking while your were studying for the exam? In this case, it appears that he did not have to prepare at all, and the notice to appear could have been sent weeks ago, so once he made the mistake of not putting it on his calendar he was toast. I assume he will pay a fine for being late and the fine will be larger because he did not say, 'Momma I busted a window.' in the beginning.
a "diametrically opposed position"....
Classic.
The court made it clear that they expected an order from them to show up and explain why he should not be sanctioned should take precedence over everything else.
This argument should have been used by Claiborne Frazier, "I forgot I was ordered to report to prison, I must have left it out of my calendar. Do not give this guy any credibility.
8:00 of the clip... *wince* Personal much?
This is a crappy lawyer and he should be punished.
That said, the justices come off pretty arrogant and self aggrandizing. No need for it. Just listen to whatever he has to say and levy punishment.
Many years ago, I failed to calendar a bankruptcy hearing in the northern district. I got a "show cause" order, When I got to court there were several lawyers there for the same reason. The judge was taking one at a time in chambers. Everyone that went in before me came out with a fine to pay. I was trying to think of a good reason to offer, but when my turn came, I told the judge I had no valid excuse. He asked me if my secretary had failed to calendar it; did I never see the notice, etc. I told him I opened my own mail, saw the notice, and I kept my own calendar. He told me he was sick of the lawyers blaming their secretary or staff, and that I was the only one that accepted responsibility.I got off with another warning to which I paid great heed.
I hope Mr. Winfield will soon learn the same lesson I learned many years ago.
JJ, it was no "fun" watching that video. Shame.
I watched this live. That is Justice Kitchens on the left. And the justices come off as anything but arrogant. They gave him every opportunity to make this right and Mr. Winfield just made it worse every time he opened his moth. I agree with Justice Randolph that most lawyers would have camped out overnight to make sure they did not miss that hearing.
Read the transcript. He also said it wasn't worth his time. He blew them off repeatedly. No lawyer ever failed to show for a show cause hearing. Then it turned out he didn't even have the right address listed with the bar so he could be notified properly. He used two different addresses in his filings.
I watched this when it happened and the justices were anything but arrogant. I'm sure they were as pained participating in this as we are watching it. There's just no excuse for forgetting a show cause hearing in the Miss.S.Ct.
I love how he slumps down in his seat immediately as they break for recess while the other attorneys instinctively stand up as the Justices prepare to leave. Only then does Winfield jump up.
Haha, his body language says it all, "Jesus, I need a beer."
That was like watching Denzel get shot up at the end of Training Day...you knew he had it coming, but it was still painful to watch him take bullet after bullet
I did not mean to post twice. Cat problem.
Kitchens and Randolph were arrogant assholes. Too much black robe fever. JJ, I didn't hear the comment you referenced.
Having fired a shot at my two most despised jurists, wonder why they needed to leave the room to deliberate? To make it appear they hadn't already made up their minds? Dog and pony show...
It appears the court issued Winfield another show cause yesterday for failure to pay the fines ordered after this lashing. As a fellow lawyer, the video and transcript are cringe-worthy. In no way do I think this lashing wasn't deserved, but definitely not fun to watch.
1:23 pm
I agree with Jane. The justices showed a lot of patience and understanding. I too watched this live and could not believe the absolute lack of shame on this guys part. This situation is not analogous to missing a hearing. This attorney did everything wrong and completely screwed his client by failing to prosecute the appeal and showed disrespect to the Court in the process. Then, when he is summoned for a hearing, that is docketed specially for him, and given a chance to salvage his client’s appeal and throw himself, and his future ability to practice as an attorney, he shows up late. It appears that he has no respect for his law license.
And yes, he has a lot going on in his personal life. But writing a bad brief is better than no brief.
And by the way, if you check the online docket, the appellant has filed two motions to find him in contempt for failing to make the scheduled attorney fee payments. The Court has ordered him to appear for another show cause hearing on Thursday July 24 at 10:00 a.m. and if he makes it out of there with his license intact I will be surprised. So if you are friend’s with this guy, do him a solid and make sure he is there on the 24.
2:41 The arrogant one here was Mr. Winfield and certainly not Justice Kitchens or Randolph. To arrogantly ignore an order for a show cause hearing from the supreme court is inexcusable.
I don't know Justice Randolph personally, I do however know Justice Kitchens and know him to be an excellent jurist and a good and upright man.Your calling them names certainly reflects poorly on your character and is not at all appreciated.
241 here. I despise both of them and I have my reasons, so I'll concede that I am not objective in my comments about them. In no way am I defending Winfield, and I hope he gets slammed to the floor this time around.
But they don't need to affect such a pompous, holier/mightier attitude. Just punish the guy and move on. But, that's just my take after over 30 years law practice before a variety of judges, some assholes, others truly admirable. I see some of you enjoy the dogs and ponies. So be it.
I was co-counsel on a federal criminal case with Mr. Wingfield.. He is a walking disaster.. I have no idea how he made it through college/law school and the bar exam.
Attn 4:12
He must have been a walking disaster if after you worked with him you still didn't know his last name was WINFIELD not WINGFIELD. He is not the one they named the High School after.
The attorney is black. Therefore, you chortlers who are roasting him must be racists. There is no other conclusion to be reached. Please report to sensitivity training.
Winfield needs a lawyer to speak for him, immediately.
Maybe Mitch Tyner can have a press conference?
Isn't this just like every other bottom feeding attorney who thinks they are above the law b/c they have a bar membership?
There are plenty of examples like this guy. Go read the dockets and the number of times attorneys jerk around the Supremes only to fizzle out after they realize they cannot extort the other side - I'm sure there are some insurance defense lawyers out there who would agree. I agree with His Honor, this guy is disappointing and disturbing, however, I would have chosen much stronger language.
Both WLBT and WAPT covered a "lesson on how not to practice law." They live-streamed it last Wednesday at 2:00 pm.
This is pretty simple:
This "Winfield character" doesn't think the rules apply to him.
I can't believe the Supreme Court of Mississippi even allowed a clerk to start calling a no-show lawyer. Screw him. If he can't show up on time and answer to the State's highest court, let his ass sit on jail for a few months. I can promise you the "teacher in Canton" excuse won't be used again.
They should have immediately taken appropriate action to have Winfield's client's case transferred to another attorney.
Ok, Mississippi Bar. Here's one more chance to prove you have a "pair".
241
So would you not show up for a show cause before these SC judges you hate?
1:59
very Cool
Just took a listen....speechless comes to mind? How in the hell did this Winfield character pass the bar? Don't they teach basic english and grammar in school any more? Who in their right mind would hire this dolt and give him money for anything legal related? Finally, he personifies the "entitlement crowd" that has permeated the very fabric of our society.
Attorneys ha.... I have used four various real estate attorneys (one being a top dog attorney) and found major errors in their paperwork (that I did not receive until the deadline date ) and had to rush it back to the attorneys to correct it. in addition, I received an other bidders contract instead of my own. I quietly sent it back to him and told him to mine. the attorney did not say "thank you" or apologize in which I graciously deserved. it is getting ridiculous the errors and mishandling of paperwork of attorneys these days. That did not used to happen years ago. They definitely did not earn the salary I paid them. But then again physician's offices are following the same pattern. The client should not have to correct their attorney or follow up but that is what the client has to do these days. I am just fed up with sorry ass attorneys. If they have too much work to do and can't keep up then they need to reduce their client base or hire more secretaries. -hell I have found the secretaries do more work than some of the lawyers and that is scary. But it is all about money - and it usually catches up with 'em
KF...this is a pretty important story that was done well, btw, and creates an important dialogue. There are many clients and Courts who face attorney dysfunction. It is actually an anticipated part of the profession by historical data. The nature of the profession of law is very high stress, high emotion (no matter how much we are taught to be objective an unemotional), monetarily difficult for many small firm or solo lawyers, incredibly time consuming and highly combative. It can lead to addiction to drugs or alcohol, divorce...there is no time for recreation or family for many lawyers...the things that keep us sane in our personal lives. The Bar knows this...they have programs that arose from study of the lifestyle of law practice and the mental challenges. They need to use this opportunity to speak up about the fact that the law is an honorable profession dependent on ethics and duty, and a terribly hard one mentally and emotionally. The Bar needs to reassure the public that they will monitor this known risk and pick out attorneys who need help before any damage is ever done to a client interest. In this story...the Supremes should not have had to do the job of the Ms. Bar once it was too late to help the attorney or client. Why didn't some other lawyer take this man aside and help him? We have a duty to our profession to report each other if necessary and to help each other for the sake of the client interest and the Court interest. I like your story, and I want to know why this situation was not prevented by other lawyers and the Bar when it most likely could have been prevented. What is wrong with the system of monitoring attorneys?
Ins. defense attorney here. I thought Kitchens went too far. He got real personal. Winfield screwed up, but the stuff about his dad was too much. U ask him why he was late, bust his balls a little and make a decision.
Kitchens overstepped. Shaming him by referencing his father was out of line.
Attorneys should be above reproach. Unless they serve on the SC. At least none of the current members ride a Harley.
so let me get this straight... Einstein had a choice..Appear before the Mississippi Supreme Court as ordered...or trot over to Canton to hold some high school teachers hand over some dispute regarding tenure...hmmmm... Mr. Winfield seems a wee bit on the stoopid side.
I think the Court had enough notice from the events and pleadings that there may have been a problem due to mental or emotional circumstance at least. The Bar should have been involved BEFORE the Court opted to broadcast something like this against an attorney they have enough reason to believe may be a vulnerable individual practicing under the circumstances and may need assistance. Where was the Bar during this hearing. The Judges had a reporting obligation all attorneys have and judges have. They should have exercised that BEFORE they televised this or held any hearing directly with an attorney suspected of dysfunction or competency issues. They also should have immediately notified the client BEFORE this occurred in a broadcast. They drew attention to an important issue of client representation and respect for the Court...they just did it in the worst possible way for everyone. BTW...the Harley comment on our former justice is completely uncalled for in the context of this situation. Judge McRae would have probably made sure somebody from the Bar had seen this fella BEFORE such a broadcast, AND he probably would have spoke up that the personal comments regarding this man's father were out of line. Aside from that...we hear people calling a man "stoopid" and "Einstein" in the context of this...Are we all going to be completely ignorant and shoot our mouths off or are we going to put our heads together and solve a problem inherent in a small portion of a very very important and honorable profession. I also love the folks who are lawyer bashing here generally...I hope they never need the help of those who do the job with great pride and diligence, because they insult us too. Narrow minds, KF..."Just men justice."
If there had never been the first LAWYER, we would never had needed any others. Why does society have to continue to pay for such needless B>S>
7:45; I don't need your admonition regarding the Harley comment. It was perfectly in line, given the context of the posts at the time. The posts were reflective of poor judgment by the SC and their being above the law and administering ridicule upon the attorney.
The Harley comment draws our recollection to another SC-bencher who was also above the law, or so he thought, while straddling the HD Machine at 95 mph on 55 at Waterworks.
Then and now, the phrase "You must not know who I am" comes to mind.
It is still irrelevant about Harleys...sort of. I appreciate your judgment that they exercised poor judgment...because they absolutely did. I am not concerned with who you are. I am concerned with the perception people draw of the Bar members and the authority that is over us, which we rely upon and the client base relies upon. That's who I am. Who you are is your business.
Sorry, KF. When I was a little girl, my Daddy never taught me to be quiet.
10:06 ~ It's not a matter of who you are (who cares?). It's a matter of you thinking your thought process takes some sort of superior position over that of others on the blog.
Your concern regarding the perception of the Bar by the rest of us is well placed and timely. But, there's nothing much 'we' can do about that. It's up to you to manage your image. All we can do is allow our perceptions to form.
And while 'who I am is my business', your obsession with it is irrelevant to the discussion.
Haha I wonder how many wear helmets with a built in "tail" and rub on tattoos.
@ 10:06 Serious question. I have dealt with attorneys who were obviously having some difficulty (mental, substance abuse, etc.) during hearings, depositions, etc. Do I have an obligation to contact LJAP or the Bar if I have a reason to believe something is wrong with them? Thx.
I'm going to post the rest of the videos today and tomorrow. You will see what they were dealing with. He literally blew them off. Made it clear the hearing was low "value" to him. He deserved that ass chewing. Oh, I'm sorry, some attorneys think they are above it all or any discipline. If they are to be disciplined, it is to be done in private where no one can see it take place.
When the bar starts taking seriously the job of disciplining lawyers, than I might take seriously the complaints about how rough the justices were on this skinny piece of lard.
How many of you whining about this guy's treatment protested when the bar let Vann Leonard practice for months after he was CONVICTED of embezzling from a client? How many of you bitched when Walter Wood only got a six month suspension for what he did? Do we need to keep listing the slaps on the wrist the bar gives out on a regular basis? Please.
My blog covered this AS IT WAS HAPPENING. Thanks for linking to me, KF (NOT). janeslawblog.com
I've worked for lawyers over 40 years, including my father, and I have never seen actions like this. Unbelievable. Simply unbelievable. ~WHEW~
So what happened ultimately at the July 24 hearing?
There's been no order thus far.
He just got permanently disbarred. You should look into it, Kingfish.
Thanks to a helpful tip there is a followup post.
http://kingfish1935.blogspot.com/2017/06/michael-winfield-tries-to-use.html
"Friday, June 23, 2017
Michael Winfield tries to use incompetence as an excuse but is still disbarred.
A Mississippi Supreme Court Complaint Tribunal disbarred Vicksburg Attorney Michael Winfield from the practice of law on June 6. Mr. Winfield conspired with a client to defraud an estate and a Chancellor so they could split $50,000 in 2013. Mr. Winfield is the brother for former Vicksburg Mayor Paul Winfield. Paul Winfield was convicted of bribery while Mayor. JJ first reported on Michael Winfield's inability to properly practice law in a 2014 post, A Lesson in How not to Practice Law, that covered a different case.
This passage from the opinion spells out what Mr. Winfield did very succinctly:"
http://kingfish1935.blogspot.com/2017/06/michael-winfield-tries-to-use.html
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