Archive for 2006

Deep Pocket Files: Anthony Pellicano fallout

Like libertarian blogger Amber Taylor, I’ve been enjoying the DVD of the show “Veronica Mars.” Kristen Bell plays a perky private eye who uses bugs and stolen medical records to solve cases. I just have to suspend my disbelief, and understand that Mars lives in a fictional world like that of Bruce Wayne where the laws that would have her sued into oblivion for her wiretapping and HIPAA violations don’t exist.

The Pellicano scandal (Apr. 3 and links therein) shows the real-world results. It’s natural that wiretapping victims are suing Pellicano and the law firms that hired him over his alleged wiretapping and bribery tactics.

But plaintiffs’ lawyers aren’t stopping with the egregious wrongdoers. For example, Craig Stevens pled guilty to taking bribes to run searches on Pellicano clients—a sign of Pellicano incompetence, since the data would be available from public databases on the Internet. (Want to know who’s in jail?) Stevens has resigned from the Beverly Hills Police Department, but the city (along with Los Angeles, who allegedly had their own bribed cops) is being sued for failure to stop their officer from being bribed. Los Angeles attorney Kevin McDermott predicts that the telephone company will also be sued for not doing enough to stop Pellicano wiretapping and, sure enough, Lisa Bonder Kerkorian has sued AT&T. In the Vanity Fair article, don’t miss the bit about how Daniel and Abner Nicherie allegedly used a blizzard of over a hundred lawsuits to protect a $40 million swindle. (Bryan Burrough and John Connolly, “Inside Hollywood’s Big Wiretap Scandal”, Vanity Fair, June 2006; Gabriel Snyder, “Names take aim at Pellicano article”, Variety, Apr. 28 (via Defamer); Greg Krikorian and Andrew Blankstein, “Filmmaker Says He Lied in FBI Probe”, Los Angeles Times, Apr. 18).

Dept. of Intimidating the Little Guy: Maine Board of Tourism

Lance Dutson of the Maine Web Report had the temerity to note that an expensive advertising agency published a phone-sex number instead of the correct line for the Maine Office of Tourism. For this, and other criticisms, Warren Kremer Paino Advertising is suing Dutson for millions. The plaintiff’s lawyer is Portland attorney Alfred Frawley III, who alleges that an opinion that a state agency is “pissing away” money is legally actionable. Dutson has numerous links for this ludicrous lawsuit. Greenberg Traurig is once again stepping up to protect free speech in defense, in conjunction with the Media Bloggers Association. (via Lattman)

What plaintiffs’ lawyers really care about, part 376

Allegations of misconduct pop up as lawyers fight over a $1.5 billion pot and how much should go to which attorneys and how much should go to class members, deposing each other in the process to gain ammunition for their arguments for freezing particular firms out. The story is complex; unfortunately, space limitations in the Daily Business Review prevent more than a cursory discussion. (Carl Jones, “Millions in Fees in ExxonMobil Case Delayed Amid Lawyer Misconduct Claims”, Apr. 28).

Don’t

More things not to do if you’re a practicing lawyer, all from recent Law.com reports: Don’t abscond with the down payments that your real estate clients have laid down on houses, as 19 New York attorneys apparently could not resist doing last year (John Caher, “Light-Fingered Lawyers Cause Spike in Client Fund Payouts”, New York Law Journal, Apr. 17). Don’t “[hum] ‘The Twilight Zone’ theme song to imply a client’s ex-wife — seated at the same table during a post-judgment divorce proceeding — is mentally unstable,” which drew a reprimand for Torrington, Ct. attorney Steven H. Levy (Douglas S. Malan, “Attorney Gets Static for ‘Twilight Zone’ Rendition During Divorce Proceeding”, Connecticut Law Tribune, Apr. 13). And if you’ve gotten caught in a colorful episode of legal malpractice in which you falsely claimed (among other things) to have founded an L.L.M. program at New York University School of Law, don’t engage in “elaborate and sometimes fraudulent efforts” to avoid paying the judgment to your former client, for which offense federal judge Denise Cote requested that the U.S. attorney’s office prosecute New York lawyer David A. Dorfman (Tom Perrotta, “Federal Judge Requests Prosecution of Attorney for Criminal Contempt”, New York Law Journal, Apr. 19). More in our “Don’t” series: Aug. 3 and Sept. 13, 2005; Jan. 20 and Apr. 12, 2006.

Attempts suicide on Death Row, wants $35M from jailers

Ronnie Joe Neal, who got to Texas’s Death Row by committing a particularly heinous sex murder, says Bexar County jailers didn’t act speedily enough to save him after he attempted suicide by downing 50 prescription tablets. So he wants $35 million in his civil rights lawsuit, in which he’s represented by attorney James Myart. (Ken Rodriguez, “Alamo Heights teacher’s killer wants $35 million worth of ‘justice'”, San Antonio Express-News, Apr. 21). Similar: Apr. 17.

Chicago bans foie gras

The dozen or so restaurants in town that serve the expensive French delicacy will be subject to $250 to $500 fines if they continue to do so. California has banned the production, but not the serving, of the fattened goose liver. (Fran Spielman, “City council approves foie gras ban”, Chicago Sun-Times, Apr. 26 (via Bainbridge)).

Jane Jacobs, 1916-2006

A likely winner of the Stendhal lottery — the one in which the prize is to write a book that will still be read a hundred years after it saw day — the urbanist is remembered by the Manhattan Institute’s Howard Husock at City Journal and by Tyler Cowen, Jesse Walker, Sissy Willis, Witold Rybczynski at Slate, Alan Ehrenhalt, New Haven Independent and Ann Althouse, to list just a small sampling. I put in my own laudatory two cents in a 1998 Reason symposium. More: 2Blowhards.

More on Joe Jamail

A belated viewing of the now infamous deposition video (see Apr. 8) stirs memories for Prof. Bainbridge of a few highlights from the suave and distinguished career of zillionaire Houston litigator Joe “You could gag a maggot off a meat wagon” Jamail (Apr. 20). In comments, “Thief” of “Thief’s Den” points out that famously civility-challenged lawprof Brian Leiter holds the “Joseph D. Jamail Centennial Chair in Law” at the University of Texas, Austin.

Seeks $1.2 million for spanking

I can’t say that Alarm One’s workplace motivational technique of spanking (both male and female) employees who are late for meetings while other employees hoot is one I approve of, but Janet Orlando’s claim of emotional injury and unmoored damages is more than a little out of whack. (Pablo Lopez, “Workplace spanking leads to lawsuit”, Fresno Bee, Apr. 25 (hat-tip J.T.).