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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Gosselin's lawyer may be aced out of the Jon and Kate case because the person who vouched for him in Pennsylvania has withdrawn his support.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 is hereby withdrawn."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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61.

Cassy    

Good. Jon needed a new laywer.

1836 days ago
62.

patti    

finally, step one. i am not for john in any way,shape or form. kate was wrongly done by jon stealing the monies but if he would just shut up he would not look the total fool he has come off like. who gives their nine year old an atv that daddy can play with when it is his time at home? a nine year old with a laptop when there are so many perverts out there without parental supervision. good going jon. what ever happened to barbies or games. great fathering.... why would you bring a cake with name spelled wrong when it could have been fixed. way on the ball jon.

1836 days ago
63.

logan    

Tired of hearing about this turd. Let's talk about another crazy "celeb"---Janeane Garofalo. Talk about a nut job. I think she fell down a long set of stairs and hit her head on everyone of them. I wish they had a crazy island somewhere to put all these Hollywood idiots who can't get an acting job, so they get on the news and spout pure s-it. What a nut job. Someone give this woman(?) a mercy acting job so she has something to do with her time.

1836 days ago
64.

Dee    

Guess you have to really think before you jump in and have EIGHT children with someone.. don't ya think?? If they keep this drama up, there will be continual interviews that will pay them both big bucks. Its in their interest to keep the drama going in the media! Ching ching ching (eight times)!

1836 days ago
65.

janicebyrne01    

PLEASE.... no more about this never ending and very boring Gosselin Gaga Saga.

1836 days ago
66.

Pat    

BAHAHA Does he think that pose with the sunglasses hanging out of his mouth is sexy?! Yuck

1836 days ago
67.

Bigmama    

THIS is what JON gets! GOD DONT LIKE UGLY... and JON you have been very UGLY to KATE. your luck will not change because the way you have been treating KATE!

1836 days ago
68.

suemny    

Jon apparently did not check into his new slick Willy attorney's background. He has been cited in NY or misdeeds like overcharging his clients from everything to consultation time to settlement percentages. Jon cleaned out the joint bank account? This lawyer will clean Jon out when all is said and done. This guy is giving Jon terrible advice. I think Jon's latest antics, like stopping filming and cleaning out the bank acct, have all been on the advice of this new bottom feeder who must have crawled out from under a rock. This guy is looking for his own 15 minutes of fame...and Jon's money!

1836 days ago
69.

Serria    

Does he have a little bit of down syndrome?

1836 days ago
70.

Ha THE TEACHER was taught a lesson    

Even TMZ made you a video Jon, it is called EVERYBODY HATES JON GOSSELIN...count me in!

http://www.tmz.com/tmztv/?autoplay=true&mediaKey=bfc46363-b228-493c-8327-4d752979b1bc

1836 days ago
71.

G    

Ha ha ha ha ha ha!

*says in Cartman voice*

1836 days ago
72.

V    

OOPS! Sorry about typo - should obviously have begun TMZ not TMJ!

1836 days ago
73.

Maggie    

To Salt Breeze (No. 92): the rules governing this limited form of admission (pro hace vice) are at 231 Pa. Code Section 1012.1 (231 Pa.Code are the Pennsylvania Rules of Civil Procedure that govern practice and procedure at the trial court level). You can find the entire rule along with all other legal regulations in Pennsylvania at the http://www.pacode.com website (it's free and open to the public, not just attorneys). However, what appears to have required Mr. Marino's withdrawal is another rule, one which is found in the Rules of Professional Conduct for Pennsylvania attorneys (204 Pa.Code. Section 81.4, Rule 3.3 Candor towards the Tribunal:

>>Rule 3.3. Candor Toward the Tribunal.
(a) A lawyer shall not knowingly:

(1) make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; . . .

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence before a tribunal or in an ancillary proceeding conducted pursuant to a tribunal’s adjudicative authority, such as a deposition, and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. . .

1836 days ago
74.

Studmoose    

Charles Shainberg, Phila PA - Licensed in PA, NJ

Top 5 Matrimonial Attorney - Internationally Ranked

1836 days ago
75.

V    

Maggie,

Thank you for your reply. I will take a look at the site you referenced. I am curious what the potential finacial fall out could be. We often hear the term due diligence - it would seem obvious to me (a non attorney) any PA attorney sponsoring someone from another state would check the attorney's bar records to make sure the person is (a) licensed at all (b)has a stellar reputation BEFORE sponsoring him! Why would any attorney risk their own reputation? I don't know who has access to NY Bar records - I know some state medical boards do their best to hide negative conduct by practioners. But apparently Kate's attorney, Mr. Singer, in LA found Mr Heller's NY Bar information, so attorneys may have access where regular clients don't? I remain curious if in PA the client has any due diligence requirements and if Jon could have found out about Mr Mark Heller's NY license problems on his own, if he had only taken the time? Since his manager, Mike Heller, is not only an attorney but also Mr Mark Heller's son, it seems obvious to me he would most likely have known, right? Which begs the question why recommend him to Jon at all? I wonder if Jon was required to make clear in writing to the Judge who had recommended Mr. Mark Heller and why he (Jon) wanted to hire Mr Mark Heller. Was something submitted in writing when he changed attorneys with the Arbitrator? Or notified opposing counsel? Does it all rest on the shoulders of the SPONSORING LICENSED ATTORNEY? Or does the client have any responsibility and therfore any of the consequences?

Could this affect the distribution of assets? Seems reasonable to me it could. Time costs. With so many attorneys involved, how could anyone miss the costs associated with delays?

As I understand it, in PA, marital assets are not sliced down the middle. The court has great latitude and they determine what is FAIR. Time will tell, I guess.

1836 days ago
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