Posts Tagged ‘ethics’

Prof. Laurence Tribe flayed for arguing business side in SCOTUS cases

And critics such as lawprof Tim Wu in the New Yorker aren’t ready to accept as an excuse the genuineness of Tribe’s belief in the argued-for positions [John Steele, Legal Ethics Forum] Perhaps the idea is that strong lawyers — like cartoonists? — have an obligation not to “punch down,” whether or not justice in a given case is on the side of the putatively less empowered party.

I’ve got an extensive discussion of law professors’ real-life litigation involvements in my book Schools for Misrule.

“You’re a great lawyer… I mean, it says so right there on your website.”

Counsel’s Ninth Circuit arguments on behalf of copyright troll Prenda Law did not go well, to put it mildly. Trouble was evident even before Judge Pregerson commented, regarding the clients, “They should have asserted the Fifth Amendment because they were engaged in extortion.” [Ken at Popehat; Joe Mullin, Ars Technica] More on the Prenda Law saga here.

“Why Were None of the Righthaven Lawyers Disciplined?”

The courts themselves reacted vigorously against the legal shenanigans of a copyright-mill mass filing enterprise built on the IP rights of the Las Vegas Review-Journal. Nevada bar discipline authorities, however, didn’t: “disciplinary matters have a higher standard of proof than almost all civil matters in a judicial setting.” [Nicole Hyland, Orange County Register, earlier]

When prosecutors collect private grants

In Altoona, Pa., a private philanthropic group assisted by local businesses has funneled millions of dollars to local prosecutors to go after illegal drug cases [Pittsburgh Post-Gazette] Leaders of the group, called Operation Our Town, “said they don’t pressure prosecutors, and only publish the annual arrest and prosecution numbers as a way to raise funds.” Still, the practice sheds light on the changing status of privately assisted prosecutions, which were common in the Nineteenth Century but then came under an ethical cloud:

“It’s pretty much disappeared, in part because we want disinterested prosecutors who answer to the public, and not to individuals,” said Bruce A. Green, director of the Stein Center for Law and Ethics at Fordham University in New York.

Decisions by courts in California and Tennessee, among other places, have disapproved of private subsidies to prosecutors in cases where private parties had themselves been victimized by a crime or wanted to see more enforcement of obscenity laws. On the other hand, insurance and banking industry financial participation in efforts to investigate crimes like insurance fraud and bank robbery is widely accepted, although some trial lawyers have raised questions about insurers’ role.

In Key West, Fla., last year, nonprofit groups steered funds to underwrite a local prosecutor assigned to handle drunken driving cases. The arrangement died after defense attorney Jiulio Margalli sued, saying it violated state law.

“Do you want the motivation to be justice,” asked Mr. Margalli, “or do you want the motivation of the prosecutor to be a guilty verdict so that that [office] could continue to receive funding from the organization who paid them?”

March 4 roundup

“Activist theater” and the campaign against Judge Edith Jones

Tamara Tabo has some choice things to say following judges’ unanimous rebuff to a bogus ethics complaint against Fifth Circuit Judge Edith Jones: “Using professional misconduct proceedings to harm an ideological rival is worrisome. …It was weakly supported, politically motivated, self-serving, and opportunistic. It’s dirty pool.” Among jurists on the panel that recommended dismissal of the complaint was respected D.C. Circuit Chief Judge Merrick Garland, a Clinton appointee [Above the Law, opinion] We cast a dubious eye on the allegations earlier here, here, and here.

Petitioners in the case, to quote the opinion, “include the League of United Latin American Citizens (LULAC); the NAACP (Austin Chapter); the National Bar Association (Dallas Affiliate – J.L. Turner Legal Association); the Texas Civil Rights Project; La Union del Pueblo Entero (LUPE); legal ethics experts, and law professors specializing in judicial ethics.” They should each reflect upon the costs to an independent judiciary of leveling unsubstantiated allegations for political motives. More: Jonathan Adler.

Garlock allegations unsealed

“U.S. personal injury lawyers allegedly concealed evidence and induced clients to commit perjury to drive up asbestos-related settlements and garner bigger fees, according to lawsuits unsealed on Tuesday in the bankruptcy of a gasket maker.” [Reuters, earlier] My 1998 piece on asbestos witness-coaching is here.