Category: Lawyering

Bizarre, Free Speech, Lawyering

Your On-Line Reputation

-Submitted by David Drumm (Nal), Guest Blogger

Many of you will remember the misinformation campaign uncovered by Lottakatz during the ABA competition two years ago. The campaign gave a 100 vote surge and final victory to The Legal Satyricon, a blog run by Marc Randazza.

We also previously discussed the $2.5 million award against blogger Crystal L. Cox (left). Cox was a cause célèbre, as a crusading blogger, with her claims of journalistic privilege and that she deserved protection under Oregon’s shield law. Cox is represented by Eugene Volokh, and Cox’s motion for a new trial was recently denied. Randazza had consulted with Cox on her case, but she decided not to work with him.

Continue reading “Your On-Line Reputation” →

Columns, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society, Supreme Court, Testimony

Zimmerman: Media Circuses Make for Bad Justice

Submitted by: Mike Spindell, Guest Blogger

At this point, to be honest, all of the back and forth regarding “evidence” in the Zimmerman Case that has occurred here over a number of threads has been mere speculation that misses the salient issues raised by this case. The real (admissible) evidence will be presented at the trial and a hopefully an unbiased jury will make its decisions. The issues that we need to discuss from my perspective are:

1. Did the Sanford Police make a mistake in releasing Zimmerman rather quickly and allowing him to retain his gun, which was potential evidence?

2. Was there undue outside influence used upon the police to end their investigation quickly?

 3. Is there a degree of probability that in many Stand Your Ground venues, had the victim been white and the protagonist of color, that the protagonist would have been immediately arrested?

4. What are the purposes of a business oriented lobbying group, like ALEC, in getting “Stand Your Ground” Laws passed?

5. Is this once again an instance where a media circus has poisoned the ability to have a fair trial? Continue reading “Zimmerman: Media Circuses Make for Bad Justice” →

Criminal law, Lawyering, Politics

Reasonable Doubt? Crime Scene Photos Shows Serious Injury On Zimmerman’s Head

ABC News has been given a photograph that might make the difference between life in prison and a walk. For weeks, we have been discussing the case and the application of the Stand Your Ground law. As discussed earlier, I think the case was over-charged and I remain doubtful of a conviction. This picture will likely be the single most important piece of evidence in the case. It shows Zimmerman with significant blood on the back of his head — an image that supports accounts from the scene and will be used to corroborate Zimmerman’s account of a struggle with Trayvon Martin where he feared serious bodily injury. [UPDATE: Zimmerman granted bond].

Continue reading “Reasonable Doubt? Crime Scene Photos Shows Serious Injury On Zimmerman’s Head” →

Academia, Lawyering, Society, Torts

Cooley Law Grad Sues Photography Studio For Before and After Shots Of His School Picture

Recent Cooley Law School grad Aminur Khan did not take long in locating a client: himself. Khan is suing a Michigan photography studio, Call Photography, for using his photo without permission to advertise its ability to retouch blemishes — showing Khan in before and after photos where his skin blemishes were removed.

Continue reading “Cooley Law Grad Sues Photography Studio For Before and After Shots Of His School Picture” →

Bizarre, Constitutional Law, Courts, Lawyering

Dicta or Diatribe? Appellate Judge Writes Opinion Denouncing Limits on “Cowboy Capitalism”

D.C. Circuit Judge Janice Rogers Brown has long been controversial since her nomination was opposed by many for what were viewed as extreme view as a member of the California Supreme Court. She was finally confirmed in a deal in the Senate that many denounced as a surrender by Democrats. Now Brown has used an opinion to denounce “powerful groups” and courts for limiting “Cowboy capitalism” that she says has been “disarmed” in America.

Continue reading “Dicta or Diatribe? Appellate Judge Writes Opinion Denouncing Limits on “Cowboy Capitalism”” →

Congress, Constitutional Law, Criminal law, Justice, Lawyering, Politics, Society

Jury Selection Starts In Edwards Case with Controversial Campaign Finance Charges

Jury selection began yesterday in Greensboro, N.C., in the federal trial of former presidential candidate John Edwards. Because of the extremely prejudicial aspects of Edwards’ infidelity while his wife was battling cancer, voir dire and pre-trial motions in limine will be critically important in the case. Equally important will be the legal basis for the campaign finance charges in the case over the use of third-party funds to hide his affair with Rielle Hunter. In my view, the charges stretch the law too far but the government will still have to convince a jury. The greatest danger for the defense remains the prejudicial elements and how they may warp the jury’s view of the facts and legal standard.

Continue reading “Jury Selection Starts In Edwards Case with Controversial Campaign Finance Charges” →

Bizarre, Criminal law, Lawyering, Politics

Former Maricopa County Attorney Thomas Disbarred; Compares Himself To Gandhi

We have previously discussed the abusive tenure of former Maricopa County Attorney Andrew Thomas and his unethical conduct in conjunction with Sheriff Joe Arpaio. In a triumph of ethical ethics, a three-member disciplinary panel of the Arizona Supreme Court has now issued a 247-page opinion (below) disbarring Thomas and one of his former deputies, Lisa Aubuchon, as well as suspending another former deputy county attorney (Rachael R. Alexander) for six months and a day for prosecutorial abuse. In the action, the Arizona Bar not only upheld the integrity of its membership of lawyers but all lawyers. In response, Thomas has denounced the decision and compared himself to Mahatma Gandhi and Martin Luther King Jr. The bar seems to have a different image in mind. It began its analysis with this quote from Proverbs 12:15–17: “The way of a fool seems right to him, but a wise man listens to advice. A fool shows his annoyance at once, but a prudent man overlooks an insult. A truthful witness gives honest testimony, but a false witness tells lies.”

Continue reading “Former Maricopa County Attorney Thomas Disbarred; Compares Himself To Gandhi” →

Bizarre, Lawyering

Thor’s Hammer: California Attorney Facing Disbarment After Marrying Elderly Client and Allegedly Misappropriating His Money

The State Bar of California is seeking the disbarment of Linda Nell Lowney, 54, an attorney accused of taking advantage of an ailing and elderly client thirty years her senior. Lowney was the attorney for Thor Tollefsen in handling his estate planning. However, she switched from Thor’s hammer to his hubby in 2006. Thor’s relatives in Norway allege that Lowney proceeded to take his money and effectively abandon him. He died later in a nursing home. The bar investigators agreed and recommended disbarment.

Continue reading “Thor’s Hammer: California Attorney Facing Disbarment After Marrying Elderly Client and Allegedly Misappropriating His Money” →

Constitutional Law, Courts, Lawyering, Media, Politics, Society, Supreme Court

ABA President Criticizes Obama For Judicial Activism Comments

ABA President Wm. T. (Bill) Robinson III has issued a statement criticizing President Obama’s statement that voting against the health care law would be “judicial activism” In a letter to the Wall Street Journal, Robinson called the remarks “troubling.”

Continue reading “ABA President Criticizes Obama For Judicial Activism Comments” →

Courts, Criminal law, Lawyering, Politics, Society

Detroit City Attorney Given Only 90 Day Suspension For Lying To City Council, Judge, and Bar in Kilpatrick Scandal

While Michigan’s Attorney Grievance Commission sought disbarment, a state discipline panel headed by Assistant United States Attorney William Sauget has handed down only a 90 day suspension for Detroit City Attorney Valerie Colbert-Osamuede. Colbert-Osamuede who is accused of lying to the Detroit City Council, a Wayne County Circuit Court judge and the Attorney Grievance Commission about a settlement and alleged coverup benefitting then-mayor (and now convicted felon) Kwame Kilpatrick. Despite this trifecta of false statements and the panel’s conclusion that she was still not sure she is telling the truth, Sauget’s panel still refused to hand down a disbarment or something more substantial as a punishment.

Continue reading “Detroit City Attorney Given Only 90 Day Suspension For Lying To City Council, Judge, and Bar in Kilpatrick Scandal” →

Courts, Lawyering, Society

The Popcorn Revolution

By Mark Esposito, Guest Blogger

Joshua Thompson, 20-ish, of Livonia, Michigan loves the movies, but could not understand why his soda pop  and candy purchase rang up the till for another $8.00 on top of the price of admission.  In the same cinema, popcorn and a soda can run you $11.00. Rather than just griping, he filed a consumer class action suit in Wayne County (Michigan) Circuit Court on behalf of us all to get some answers.

Continue reading “The Popcorn Revolution” →

Constitutional Law, Courts, Justice, Lawyering, Media, Politics, Society, Supreme Court

Doubling Down: Holder Calls Obama’s Judicial Activism Criticism “Appropriate”

While the White House and the President backtracked from Obama’s recent statements regarding the Supreme Court, Attorney General Eric Holder succeeded in reigniting the controversy by calling the comments about judicial activism “appropriate.” As I noted earlier, the effort of the White House to modify the statement of the President notably did not include a retraction of the judicial activism statement. Holder’s statement appeared to reaffirm that the omission was intentional.

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Congress, Constitutional Law, Courts, Justice, Lawyering, Media, Politics

Obama Predicts Health Care Victory, Labels Vote Against Law As “Judicial Activism”

Yesterday, President Barack Obama made the surprising prediction that the Supreme Court would uphold the health care law and further labeled those who would vote against it as judicial activists. I am not sure what he is basing his prediction on, but the comment on judicial activism is both unfounded and unwise.

Continue reading “Obama Predicts Health Care Victory, Labels Vote Against Law As “Judicial Activism”” →

Academia, Congress, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Military, Politics, Society, Supreme Court, Testimony

Defending Our Freedoms?

Submitted by: Mike Spindell, Guest Blogger

A recurring meme used in American society by leaders and politicians is that certain acts must be done to “Defend Our Freedoms”. The use of this meme has occurred repeatedly in our history as a justification for certain governmental actions, particularly in defense of war. In some cases like our Revolution, or World War II its usage has been right on point, in others like Viet Nam, Iraq and Afghanistan it’s been used as untruthful propaganda. On national and local levels the meme has also had a mixed history. It has been used to persecute radicals, as a States Rights justification of “Jim Crow” and post 9/11 to enact “security” legislation that many of us think actually diminishes freedom in the name of saving it. Continue reading “Defending Our Freedoms?” →