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Jon Gosselin's Lawyer -- S.O.L.

10/9/2009 6:57 PM PDT BY TMZ STAFF

TMZ has learned Jon Gosselin's lawyer may be aced out of the Jon and Kate case because the person who vouched for him in Pennsylvania has withdrawn his support.


We've learned Pennsylvania lawyer Michael Marino sponsored Mark Heller -- Jon's lawyer -- to practice one time only in Pennsylvania court. Heller is licensed to practice in New York, though he had been suspended for 5 years for a variety of misdeeds.

Under Penn law, an out of state lawyer seeking to practice in a Pennsylvania court must obtain a sponsor who is licensed to practice in the state. Marino signed up as his sponsor, but yesterday, he wrote the court a letter in which he said, "My motion ... is hereby withdrawn."

It's interesting Marino sent the letter after revelations of Heller's legal misdeeds in NY.

107 COMMENTS

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31.

Em    

Yeah, saw that coming. The lawyer is a schmuck. When is Jon going to give his head a shake? He certainly hasn't made very wise decisions since going out on his own. Between the 22 year old girlfriend, expensive cars and clothing and being far too available for the cameras, he's not doing so well. Barely see a picture of him anymore without a cigarette in his hand which is disgusting also. Yep, Kate may have been a hard*ss during the marriage, but I'm beginning to understand why she was required to treat him that way. As much as Jon is adamant that he doesn't love Kate anymore (although I think Kate still loves the man she knew as her husband), remember there is a fine line between love and hate. He must have some regrets.

1749 days ago
32.

Ha THE TEACHER was taught a lesson    

Hey maybe Harvey could represent you Jon, he's a lawyer. Yet he thinks you are a delusional douche so that might be a conflict of interest, plus he reports on your douchery daily, so maybe ditch that idea.

Mike Hunt (say it fast) hahaha

1749 days ago
33.

RNB    

Leave it to Jonny boi to pick the worst lawyer in the world! DUH! Doesn't he have a laptop I googled his lawyer last week and found all the info on a NY paid for site where you can check your lawyers past for conduct etc. He is so Dumb. Plus Mark Heller is Jon's personal lawyers DAD! Go figure.

1749 days ago
34.

pink wig    

baby momma is slang created by black men so
instead of once again blaming racism look at
where it originated always ready to attack
white people on racism let it go now we are
being attacked for having straight hair we
dont all have straight hair and the new
barbies are too ghetto come on now where does
it end.

1749 days ago
35.

HarpGuy    

Attorneys are licensed by the state, not by the federal government. Therefore, any given attorney may only practice in the state(s) which have licensed him/her. Most attorney's are only licened in one state. Some, though, have either sat for the bar exam in more than one state; or have sat for the bar in only one state, but are also licensed by some kind of reciprocal agreement betweeen states in a neighboring state.

Whenever an attorney licensed in ONE state wants to go handle a case in ANOTHER state, he/she must make a "pro hac vice" application to either the other state's bar, or committee of bar examiners, or supreme court, depending on the other state's rules.

Whenever "pro hac vice" permission to allow an attorney licensed in some other state to practice in the state where the "pro hac vice" permission has been granted, it is usually for a specific case, not generally.

In other words, nearly no state permits an attorney not licensed in said state (but licensed in some OTHER state) to come into its state and set up a general practice. That's just not done. Pro hac vice permissions are usually only granted by a given state's bar (or said state's committee of bar examiners, or Supreme Court, or whatever, as appropriate) so that an out-of-state lawyer may work on (and appear in court regarding) a SPECIFIC case.

If Heller were practicing general law not related to a specific case cited in a pro hac vice petition, then both Heller AND Marino are probably in trouble... or at least COULD be. If a pro hac vice petition were granted by whomever does such things in Pennsylvania, it was, no doubt, for a specific case on which Heller (a non-Pennsylvania, New York-licensed lawyer) wanted to work/appear on in Pennsylvania. To do so, Marino (a Pennsylvania-licsenced lawyer) would have had to have indicated on the pro hac vice petition that he, as a Pennsylvania-licensed attorney, would more or less "oversee" Heller's work and ensure that it conformed with Pennsylvanias rules. Marino would also have agreed in the petition to see to it that Heller's work was limited to just the ONE case in which Heller had an interest and wanted to appear.

If Heller had wanted to handle any OTHER cases, beyond the one cited in the original pro hac vice petition, then the Pennsylvania authorities would, I assure you, have told him to sit for the Pennsylvania bar exam, just likee he once sat of New York's. Or, if Pennsylvania had some kind of reciprocity agreement with New York, then Heller might be able to take some other kind of exam or endure some other kind of pro forma process to also become licensed in Pennsylvania.

If Heller began taking cases in Pennsylvania beyond that case cited in his pro hac vice petition; and if Marino knowingly allowed it, then BOTH of them could be cited by their respective bar associations, or Supreme Courts or whomever oversees lawyers in their respective states. It might even be something for which one or both of them could be suspended.

I doubt if it would be serious enough for Marino to be disbarred, but Heller, technically, would have been practicing law without a license in Pennsylvania with every case he took that was beyond the scope of his original pro hac vice petition... for which he COULD be disbarred in New York.

This is all actually potentially very serious... and it appears that TMZ has missed this imporant part of the story...

...which is curious, considering that it's head honcho is a lawyer.

1749 days ago
36.

addie    

Jon is finally standing up for himself after being married to Kate for 10 years and look at all that has happened to this clown. He would have been better off begging Kate to go to marriage counseling and then perhaps she would have also found out her faults just as he would have and none of this stupidity would have gotten to where it is. I find it hard to believe if he had asked her that before, that it was with any sincerity.

1749 days ago
37.

REPOST    

MESSAGE DELETED BY TMZ STAFF
-------------------------------------

5. WE JUST WANTED TO SAY WE LOVE KRAZY KOOKY KLOWN!!!!!!!!!!!!!!!!!
HEY KOOKY MY DAUGHTER SAYS HI AND SHE LOVES YOUR JOKES.
:)
:)
:)
:)

Posted at 6:17PM on Oct 9th 2009 by emmasmommy

1749 days ago
38.

Cindy    

WoW! Jon has been ditched by 2 lawyers already..Jon keeps going dow rabbit trails on TV and for the paps. Kate is the Brains, just settle thru her attorney... or Jon , SADDLE UP and go BACK HOME and be a HUSBAND and FATHER!!!

1749 days ago
39.

Ha THE TEACHER was taught a lesson    

Jon looks HIGH in that photo!

1749 days ago
40.

mds145    

Those kids need a hero! Any volunteers?

1749 days ago
41.

M.J    

Harvey doesn't hate black's. It George W. Bush that hate's blacks. Just ask Kanye,,he'll tell ya.

1749 days ago
42.

jerrybalmer    

d-bag and d-bag....nuff said

1749 days ago
43.

cathy    

Leave it to Jon to find a crack lawyer. If you are as tired of this crap as I am read: Please, I'm begging for a Jon and Kate free-zone at; http://wp.me/pBYhc-v

1749 days ago
44.

balls    

balls

1749 days ago
45.

Pat of Moscow    

This doesn't look good for Jon losing his lawyer. It looks like the begining of the down fall of a jerk. If Jon keeps shooting off his big mouth , which I hope, he is just going to dig his own grave. Kate does not have to worry about anything because Jon thinks he can have his cake and eat it too. He is making a big mistake thinking he's to big for a fall. Oh ya! I don't think any girl will stick with him when he starts paying out all his money to support his children. She will take the high road.

1749 days ago
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