Yes, thanks for the kind words. I agree with everything you said, except, the Brazilian counselor has no standing before the court. None. NADA
The Brazilian counsel is not admitted to practice in the SDFL. He may be copied, correspond, sing, dance, literally ANYTHING.
BUT, WHAT HE CANNOT DO IS ACCEPT ANY SERVICE IN THIS MATTER AS OFFICIAL COUNSEL OF RECORD. THE BRAZILIAN IS NOT ADMITTED TO PRACTICE BEFORE THE SDFL.
THEREFORE, copies sent of courtesy do not comply with the rules of the court. Period
This is pretty clear. This does not diminish their standing nor competency before the court, however, they cannot and do not serve to fill that one official place, office, destination, whatever description one uses, that is the sole authority responsible to provide and receive pleadings. Period
Think about someone suing you...they may send you a courtesy copy in the mail, but personal service by an officer of the court is required. Ditto for future pleadings, unless you retain an attorney ( who has to be admitted in whatever jurisdiction) OR you waive service and have an understanding that you will receive all pleadings, the latter is a bit dangerous unless all parties are amicable.
The latter is used a lot in civil when one party doesn’t have a lawyer, and neither parties wish to bankrupt each other with process servers and deal with all that tracking down and the possibilities of being served embarrassing a party in front of friends or the public.
Once you get any attorney, correspondence with you as a defendant would cease as communication is no longer allowed between the defendant and plaintiff’s lawyer.
If the Brazilians don’t or did not have Admitted counsel in the SDFL, then all those pleadings as far as service requirements, well “Houston, We Have A Problem”. Then most likely the default will be vacated and the trial phase begins.
Maybe the Brazilians aren’t so stupid and just sitting back letting the plaintiff state his case and spend his legal fees. This wouldn’t fly in the parties were in the same city. This is weird because of all the literally foreign players and the “foreign”( non admitted to SDFL) lawyers I just thought about the above, that strategy just popped into my head.
I hope this helps and do respect your diligence to get all this correct.
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