like to concentrate on this issue of st impression and for narrow factual issues of the case i will refer to my briefs that have detailed citations for the record so the core issue of the case has two parts st part has to continue to be there he made personal promises to the church in the middle of a trial and i made personal promises to the judge in the middle of a trial took allow him continue representing and i believe those promises were made  faces the trip of jail or he must violate the judy he cannot rely on the chinese willingness to go to chill for the benefit of the client this puts the attorney an transcript there on that friday if i remember correctly was extraordinary i don't think i've ever read anything quite like it or seen it where the district appendix court what we're talking about to be blunt is your emotional preparedness to do this mr harmon well i guess set me up for malpractise what ever i am now talking to you set me up i don't care i really don't care anymore judge page one hundred and sixty three mr harmon judge i need to put this on the record straight now i am physically ill right now i am physically ill right now judge on what's transpired i don't know what else to say except to put this on the record i'm physically unable to continue is the closing argument today he won sixty four the court how do i know that you're going to just not show up on monday and say judge i'm still ill and i cannot do this i will tell you judge hold me in contempt i am physically ill right now i am i'm sorry i hate to say this in front of the courtroom full of people i cannot do this right now so your honor i'm trying to understand how this record and being chirpy that as my manipulations or misrepresentations of something or misbehavior this attorney was fully apart in the middle of the courtroom this record which is only written and is very dry does not rest and of course it wasn't cured by single day of rest and so to summarize this is it has to be a reversible error that the the tread of chill and continue so let me make very clear with this case is not about all out of time this is not an issue of ineffective assistance of counsel this is an issue of a traditional argued now that you know she's focusing on her attorney incapacity argument and that argument you know that self is undermined and belied by the record she just represented to the court that the attorney was incapacitated and stated i tried i tried in this last hour to kind of we try to pull ourselves together and i know we can do that by monday but the truth is i don't believe we can now and so the issue was that the court adjourned the case until monday to allow him to collect his thoughts he may have just been unprepared he may have had some sort of breakdown with the appellant more not sure but regardless decision that's really the so mation of the argument i mean she had a right at the outset to choose her own counsel and this is a civil case she doesn't have a th amendment right arguments regarding what was the ball her her claims of error and her claim very regarding her attorney it only happened in that summation so after all the evidence was admitted after all of the objections were raised or not raised waived and so it didn't really have an impact so even assuming you know that it was an error for the quarter to nine her right to have a new attorney or to  to get right to the question regarding which transcript first of all if you look if you review the transcript it's really irrelevant this is what the judge found the district court judge found  don't want to speak generally we can just get right to it point if essentially claims that in that transcript it reflects that the court made credibility findings well sorry found transcript supports circling so i mean if you look at the transcript this is the whole transcript is the appendix at seventy five to one hundred and thirty six i'm specifically talking about page ninety one which is page seventeen of the transcript this is one of the portions that might have cites in support of argument it's essentially a play of husband bernard wax attorneys putting forth allegations you know the court the court doesn't really make a comment on that i'm sorry i'm looking at page twenty nine which is appendix one hundred and three other than to say i know there was a dispute  frankly i think her strongest point to give her the benefit i'm looking at appendix page one hundred and sixteen the court says at this point i'm satisfied i don't think mr pinto should become the r there's too many issues surrounding whatever's expenses he's got to provide a full accounting so what this is the court recognizing that an allegation has been put forth again this is a probate court it's extremely i mean it's a natural consequence of an allegation to order an accounting it's almost procedural there's no recognition here in the credibility of any allegations the way that points  portrayed in her letter you know gives the impression that these allegations were credible substantiated this is not that i mean your honour's can read it for yourself it's a recognition that an allegation was made and that's all that's all it is just to put this into context this transcript is dated april nd two thousand and fifteen following this was a trial the letter in which plaintiff's comment is contained is dated january so just any from the defendant's perspective there already was a trial the you know it didn't there was no findings against that recognizes that there was an allegation  i don't know that there's a whole lot more to it i don't i don't see this as an abuse of discretion by the trial court i don't i don't know how it could be you know frankly addition  if you look at page seventeen which is the st page that i referred to you also see that miss kerr wasn't present for the conference i don't know if it's a parent it should be apparent from the transcript that this was a telephone court appearance so miss  wasn't even there which another reason why these transcripts are relevant she had no knowledge or knowledge isn't you know necessity mens rea element of the defamation charge so she doesn't know about it it doesn't contain any findings it's irrelevant even if it has some probative value the transcripts extremely lengthy ninety percent of it contains conversation regarding bernard  lacking in in his misconduct investigation i see that my time's running out i'll just finish with it it doesn't seem fair to let in just the snippets without the entire portion which is what opponent was requesting the defendants closing arguments their closing arguments the fans was so atrocious it made numerous false statements misrepresenting the record and i would have objected to all of the above my counsel was unable to object because he could not hear the arguments that i would have moved to admit the correct portion of my letter so that when the jury is making germination is as to the defamation case the claim is actually sees the correct portion of the letter to beach  defamatory language is referring i would have submitted the correct jury instructions i would have filed the rule fifty motion of would not have any objections there are still time to preserve all objections as you go through their brief their sole defense on