Re: Franceschi's Nightmare

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Keep up the good work, Lawyer Parkerson!

s/AR

On 1/31/13, Hardy Parkerson, J.D. wrote:
> Franceschi's Nightmare
>
> by Professor Hardy Parkerson, J.D. [originally posted on
> 11/08/10]
>
> At 57 Fed. 3d at 828,
> A Federal case of recent date,
> Franceschi, Bar Number 112893.
> Went to court and made his plea.
> When he arrived in city court,
> To the Commissioner he did report;
> And when the Judge asked, "How'd you arrive?"
> Franceschi replied that he did drive;
> But sensing he was in a bind,
> He pled the Fifth, which came to mind;
> And smelling trouble, Franceschi moved
> To have the sitting Judge recused.
> Whereupon the Judge did say,
> "Let a bench warrant issue this very day!
> For your license has been suspended,
> And your freedom now is ended."
> Franceschi tried to write a check
> To post a bond to save his neck;
> To which the Judge said in a dash,
> "We don't take checks, you must pay cash."
> And so arose Franceschi's hackles,
> As they led him away to jail in shackels.
> With Franceschi things weren't going well,
> And so he spent the night in jail;
> And though in jail he wasn't singin',
> Franceschi came out of jail a-swingin'.
> He filed a suit that very night
> For violation of his Civil Rights.
> He sued 'em all to make ' em pay.
> "What goes 'round comes 'round," he'd say.
> And through the courts his case made way,
> Until it was dismissed one day.
> Franceschi couldn't clear his name,
> For he had failed to state a claim.
> For to do as he pleases a judge is free,
> For he has judicial immunity.
> And since he'd failed to maintain his pleas,
> Franceschi was cast for attorney fees.'
> Which really made Franceschi holler,
> For they were over ten thousand dollars.
> Franceschi said, "I'll prevail still,
> And to the Ninth Circuit I shall appeal."
> But at the Ninth Circuit he argued and squirmed,
> Only to have the decision affirmed.
> The Ninth dismissed his appeal like a breeze,
> And cast Franceschi for more attorney fees;
> And what a blow poor Franceschi was handed,
> When for the fixing of fees his case was remanded!
>
> Author notes:
>
> There is a Latin maxim that poets are allowed to lie
> (POETIS MENTIRI LICET.) However, this poem is almost
> perfectly true. If you don't believe it, read the case
> found in volume 57 FEDERAL REPORTER 3d Series, at page 828.
> Franceschi is a colorful and famous California lawyer. I
> once sent him a copy of this poem and then called him to
> discuss it with him. I do not know that he appreciated the
> poem, but he did tell me that although this case had cost
> him much money, that the publicity that he gained from it
> in the news brought him so much new business that in the
> long-run he really profited from this case. He said that
> the view that many of the general public readers of the
> newspapers had gotten was that he was a real figher and did
> not mind bucking the system when necessary; and they were
> looking for that kind of a lawyer. Franceschi's full name
> is Ernest Franceschi, and he has a brother John Franceschi
> who is a lawyer in one of the mid-western states. His
> brother John saw my poem on the internet once and contacted
> me by e-mail and told me that he had shown a copy of it to
> their mother, who, I am very sure is very proud of both of
> her sons. I am also a lawyer, and Ernie Franceschi as a
> lawyer is a man after my own heart. He's my kind of a
> lawyer!
>
> Sincerely,
>
> Hardy Parkerson, Atty.
> (Retired, after 41 years at the Bar)
> Lake Charles, LA
>
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