Kerry P. Burtis and his lawyers, Eden Rose Brown and P. Freeman Green, are suing Robert J. Burtis for libel and defamation over a web site Robert has published detailing a dispute over the trust and estate of their deceased Aunt, Elizabeth McGuinness.

The plaintiffs claim that the web site is inaccurate, untruthful and offensive and that it is harming the reputation and credibility of both Kerry P. Burtis, who is the trustee of the estate, and his two attorneys and their law firm.

The defendant claims that his web site serves a valuable service to all of the beneficiaries of the trust and to the public in general by way of educating and informing potential clients of this law firm, which he claims is both unethical and incompetent.

Judge Judy has volunteered to adjudicate this matter in a Marion County Court in the state of Oregon, which is home to the plaintiffs.

The trial is about to begin as Judge Judy enters the courtroom from her chambers and the Bailiff hands the case documents to her while announcing to the courtoom:

Bailiff: "All rise!"

The Bailiff turns to Judge Judy as she takes her seat and presents a manila file folder and a case summary to her as he says:

Bailiff: "This is case number 2745 in the matter of 'Burtis vs. Burtis, Brown & Green'. The parties have been sworn in, Judge."

The Bailiff then turns to the courtroom and announces: "You may be seated."

All eyes then turn to the bench, where Judge Judy is reviewing the case summary.

Judge Judy: "Thank you, Bailiff."

The Judge first turns to the plaintiffs, who are standing behind a table about 20 feet from her judicial bench to her left.

Judge Judy: "I have a summary of your claims in front of me. Which one of you is Kerry P. Burtis?"

Kerry: "I am, your honor."

Judge Judy: "And the two people accompanying you are lawyers? You do understand that in my court attorneys are not required; in fact, we discourage them. It's just you and me and your opponent. It saves a lot of time, money, and aggravation for everyone."

Kerry: "Your Honor, while Eden Rose Brown and P. Freeman Green are the lawyers retained to help with the management of my beloved late Aunt's estate, in this matter they are co-plaintiffs. We have all been harmed by the actions of the defendant."

Judge Judy: "I see. And who is the woman seated to your left?"

Kerry: "That is my wife, Gloria, and she is here as a character witness on my behalf."

Gloria quickly stands up to say:

Gloria: "Your Honor, Kerry P. Burtis is a man of compassion, honesty, integrity and-"

Judge Judy: "Shut your yapper, sis. I'll be the judge of that. Sit yourself down and keep quiet. I'm not interested."

The Judge then turns her gaze back to the other two plaintiffs and asks:

Judge Judy: "Ms. Brown and Mr. Green, I presume? Will Colonel Mustard and Ms. Scarlet be a part of these proceedings today? Just kidding... In your complaint you claim that the defendant is guilty of libel and defamation - is this correct?"

P. Freeman Green defers to Eden Rose Brown, as he is still a junior partner at their Salem law firm.

Eden Rose Brown: "Yes, your honor. Mr. Burtis is trying to destroy the reputation of our law firm and-"

Judge Judy: "Cool your jets, Eden Rose. We'll get to that in just a minute."

Judge Judy then looks to her right to address the defendant, Robert Burtis.

Judge Judy: "And you would be Robert Burtis, is that correct?"

Robert: "Yes, I am, your Honor."

Judge Judy: "Are you a beneficiary of this Trust?"

Robert: "Yes, your Honor. Aside from the Trustee, Kerry P. Burtis, there are ten other beneficiaries."

Judge Judy: "Are you here to speak on behalf of all ten beneficiaries, then, Mr. Burtis?"

Robert: "No, your honor. My interest in this matter concerns all of the beneficiaries, but I accept full personal and sole responsibility for the web site I have published, the opinions and statements made therein, and the issues at hand here today,"

Judge Judy: "No need for all the flowery language in my court, Mr. Burtis. Just tell it like it is. You're not a lawyer, are you?"

Robert: "No, your honor. I'm a musician. But I also publish a non-profit consumer advocate web site called the WorldWide Scam Network and I've had to educate myself about laws pertaining to slander, libel and defamation in order to defend myself against a variety of frivolous law suits."

Judge Judy: "I've seen that web site - you expose multi-level marketing scams and Internet con men - didn't you help shut down the Laundry CD scam? Well done - I hate scammers. Nevertheless, the complaint before us today is a serious one, Robert. What is your relationship to the plaintiffs in this matter?"

Robert: "Kerry Burtis is my younger brother, and the two attorneys represent Kerry as Trustee for the estate of Elizabeth McGuinness."

Judge Judy: "So what's your beef? What is the purpose of this web site?

Robert: "The purpose of the web site is to present and discuss issues pertaining to the management of the trust and to do whatever I can to uncover the truth."

The Judge then turns to the plaintiffs and asks:

Judge Judy: "What is Robert saying on this web site that you find so objectionable? Do you have any documentation?"

Eden Rose Brown: "Yes, your honor. We have printed out every page of this web site. Mr. Burtis makes all kinds of unsubstantiated accusations and claims that-"

Judge Judy: "Zip it, counselor. Let me see the documents and I'll decide if his accusations are unsubstantiated. That's my job. I'm the judge."

Eden Rose Brown hands a large file folder to the Bailiff, who places it on Judge Judy's bench. She opens the folder, scans through a few pages, raises her eyebrows and looks over to Robert.

Judge Judy: "Why do you feel the need to air all of this dirty laundry on the Internet, Mr. Burtis? What's wrong with having a conversation with your brother, sharing a few e-mails, and working this problem out, brother to brother? Are you challenging the distributions for this estate; are you looking for a bigger piece of the beneficiary pie?"

Robert: "Not at all, your Honor. None of the other ten beneficiaries are challenging the distributions. All we are asking for is a full accounting of the trust, from the date it was established in 2008 to the present."

Judge Judy: "And what good will this information do you? Don't you trust your brother to manage the trust properly? Has he done something to-" "

At this, Gloria stands up at the plaintiff's table again and begins to speak.

Gloria:: "Your honor, Kerry Burtis is a man of compassion, honesty, integrity and..."

Judge Judy: "Two people can't talk at the same time. When my mouth is moving, it means that you need to be quiet. Now sit down and don't speak until you're spoken to."

Robert: "Your Honor, following our aunt's memorial service in January, Kerry met with me and our brother Steve, to discuss the details of the Revocable Trust Agreement. I had a few questions about the estate, but Kerry was quite evasive and couldn't or wouldn't answer many fundamental questions regarding the trust."

Judge Judy: (Turning back to the Plaintiffs) "Mr. Burtis, is this true? Was there a meeting and were you evasive?"

Kerry: "We did meet for several hours on January 24th. But I was not evasive. I did not have answers to all of Bob's questions at hand. And, to be perfectly frank, Bob did not seem to understand the legal nuances of the trust agreement. After all, he is not a lawyer - he's just a musician. So I suggested that he contact the lawyers for the estate with his questions."

Judge Judy: (Back to Robert) "And did you contact the lawyers, Mr. Burtis?"

Robert: "Yes, I wrote to P. Freeman Green. Mr. Green had written in a letter to the beneficiaries saying that:

"It is our continued hope that this trust administration will be a smooth, transparent and efficient process for all involved."

"I have copies of our correspondence, if you would like to see them, your Honor."

Judge Judy: "I most certainly would."

The judge looks to the Bailiff, who walks over to the defendant's table and delivers another file folder to the bench. She looks over a few letters, and returns her gaze to Robert to ask:

Judge Judy: "Alright. So what was Mr. Green's response?"

Robert: "His exact words were-"

"I have advised Kerry, the Trustee, that both under Oregon law and the terms of the Trust itself, you have no right to Trust information prior to the date of Elizabeth's death. For this reason, your request for pre-death information is denied."

Judge Judy: (The judge turns to the Plaintiffs and addresses P. Freeman Green) "Is that what you wrote, Mr. Green? Did you really say that you hoped for a 'transparent' process - and then clam up when the defendant did what the Trustee instructed him to do by submitting questions about the estate to your office?"

P. Freeman Green: "Well, yes, your Honor. Section 1.07 of the Revocable Trust Agreements states that 'Information to Beneficiaries Not Required'. Robert has no right to pre-death trust information."

Judge Judy: "But didn't the Trustee tell Robert to contact you for information about the trust? Why would Kerry do this, if he knew Robert had no right to this information? And exactly how would you define your use of the word 'transparent', Mr. Green?"

P. Freeman Green: "I'm not sure why Kerry did that, Judge. Because Kerry specifically instructed us to NOT give out any pre-death information - and the trust document itself prohibits the release of such information. I was just kidding around with the whole 'smooth, transparent, and efficient' stuff. Eden Rose told me what to say and I do whatever she tells me to. I'm just a junior partner with her firm."

Judge Judy: "Is that a fact? Well, let me ask Kerry - why did you tell your brother to submit questions to your attorneys if you knew they would refuse to answer them? It sounds to me like you've got something to hide here, Mr. Burtis!"

Kerry: (A little flustered and confused) "No, not at all, your honor! My lawyers will attest to the fact that we have done everything by the book, to the letter of the law, in strict accordance with the requirements of the trust agreement."

Gloria: "And Kerry P. Burtis is a man of compassion, honesty, integrity-"

Judge Judy: "Mr. Burtis, will you please curb your wife? She's not helping your case."

Gloria: "What a wack job..."

Judge Judy: "What did you say? You mess around with me, and I'll wipe the floor with you. Do we follow each other? Now Mr. Burtis, help me understand - you had a meeting with your two brothers and told them to contact the trust lawyers with any questions, knowing full well they wouldn't be answered?"

Kerry: "Well, yeah, I guess so. But under Oregon law Robert has no right-"

Judge Judy: "And which Oregon law would that be, Mr. Burtis?"

P. Freeman Green: "Excuse me, your Honor - perhaps you are not familiar with Oregon statutes, but the fact is that if I were to actually answer any of Robert's questions, this would be equivalent to giving him legal advice, and that would be a serious breach of Oregon ethics rules. Plus, we represent only the Trustee, Kerry P. Burtis, and do not work for the other ten beneficiaries. We advised Robert to seek his own legal counsel."

Judge Judy: "Do you think you are smart P. Freeman Green? If you live to be a hundred, you will never be as smart as me. On your BEST day, you're not as smart as I am on my WORST day. Since when is it unethical to answer questions for a beneficiary of a trust you are responsible for? It's not. Not in Oregon, not in America, and not in my courtroom. Are you kidding-"

P. Freeman Green: "Your honor, Section 1.07 of the Revocable Trust-"

Judge Judy: "I'm speaking. When my mouth moves, yours stop. Now, who put that idiotic Section 1.07 into this poor woman's trust and why? It's a license to steal!"

Eden Rose Brown: "I was the attorney who drafted the final trust agreement, your Honor. I was also the designated Trust Protector, although I am no longer the Trust Protector, that is, I resigned from that position, which is to say I never accepted the position."

Judge Judy: "What school of double-talk did you go to? Are you the Trust Protector or are you not, Ms. Brown?"

Eden Rose Brown: "Well, I WAS the Trust Protector when the agreement was signed in 2008, but an attorney with the Oregon State Bar Association suggested that writing the trust agreement AND assigning myself as Trust Protector could be construed as a conflict of interest."

Judge Judy: "Ya think? So much for those Oregon ethics rules your junior partner was so concerned about. So who came up with this Section 1.07 baloney?"

Eden Rose Brown: "We recommended it to our client, Kerry Burtis. When beneficiaries start asking questions, they are usually looking for reasons to challenge the trust. Greedy, conniving relatives will do almost anything to get a bigger share of the distributions."

Judge Judy: (Looking back to Robert) "Was that your intent, Robert? Were you hoping to increase your inheritance by challenging the distributions outlined in the trust agreement?"

Robert: "Not at all, your honor. I have stated in writing both in the letters I have provided as well as on the web site, that none of the beneficiaries have any interest in or intent to challenge the established distributions. We simply want to see an accounting for the estate. Furthermore, you will see in the letter from Kerry dated April 16, 2010, he stated that-"

"I am not trying to hide anything, as Rob insists, but am trying to preserve the remaining assets of the Trust, as it would be time-consuming and expensive to create this unneccesary pre-death accounting. For those with theories of mismanagement and such, it might seem a worthy request and I am willing to prepare and send a report of pre-death information - just not at the expense of beneficiaries that don't want to join in unnecessary expenses."

Judge Judy: "That certainly seems reasonable, Mr. Burtis. Why should beneficiaries who are NOT interested in this pre-death information have to pay for the expense of preparing it?"

Robert: "I agree, your honor. And I have told Kerry in writing that he may bill any expenses incurred in the preparation of this pre-death accounting to my share of the final trust distribution. None of the other beneficiaries would be required to pay anything."

Judge Judy: "Well, then, that just about wraps up this case. (To the plaintiffs) Robert has agreed to pay all expenses involved in preparing a pre-death accounting. How long do you think it will take you folks to prepare and deliver this information?"

Kerry: "He can't have it. Robert has no right to pre-death information."

Judge Judy: "Is the word stupid written across my forehead? You stated that you were willing to give him the information, as long as other beneficiaries didn't have to pay for the expense of preparing it. Robert met your terms and agreed to personally pay all expenses. And now you say he has no right to the information?"

Kerry: "That's correct, your honor. I am willing to give him the information, but since he has no right to receive it, I cannot legally provide it."

P. Freeman Green: "He's right, your Honor. To give Robert the information Kerry has said he is willing to give would be a breach of Oregon ethics and-"

Judge Judy: "Sir, do you wanna say something to me? Are you sure you wanna say something to me...? No, you don't. Believe me, that is the LAST thing you want. We'll take a short recess and return to this circus of fools in fifteen minutes."

To be continued...