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ATL on Broadway: A Review of David Mamet’s Race

David Mamet Race Kerry Washington James Spader.jpgYour Above the Law editors spent Sunday afternoon watching a group of talented players in a high-stakes battle. A veteran of the field locked horns with a newcomer.

No, we’re not talking about the Vikings-Saints game. We saw James Spader, David Alan Grier and Kerry Washington play lawyers in a matinee performance of David Mamet’s Race, which opened on Broadway last month.

Spader and Grier play Jack Lawson and Henry Brown, the name partners of Lawson & Brown, a high-profile criminal defense firm. Kerry Washington plays Susan, a fresh-from-law-school associate who is new to the firm. A powerful and rich white man accused of raping a black woman drops by, hoping to have the firm take his case.

The short play — it has two acts, but comes in at under two hours — takes place in the firm’s war room, a conference room lined with books that will look familiar to ATL readers. The Lawson & Brown attorneys discuss whether to take the case and what their strategy should be.

Obviously, we think the legal world is an exciting place, and we are always thrilled to see lawyers get dramatic treatment. Unless the treatment is terrible.

This treatment was impressive. Perhaps it helped to have two lawyers, Peggy Hill and Georgetown law professor Nicholas Quinn Rosenkranz (Lat’s law school classmate), as producers.

Check out our reviews, after the jump.

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Are Lawyers Just One Step Removed From Criminals?

Jean Valjean.JPGJean Valjean once stole a loaf of bread to feed his starving family during a down economy in France. Despite this crime, Valjean is regarded as a hero who stole only when it was absolutely necessary, then devoted his life to helping others and serving God.

I thought of the Les Misérables story when I read a distressing tale on the ABA Journal this morning:

California bar officials are blaming the recession for an increase in lawyers being investigated for pilfering client funds or collecting fees to modify mortgages without doing anything to help.

The State Bar of California is investigating 1,200 loan modification cases and more than 300 lawyers who were involved, the Fresno Bee reports. More lawyers are also being accused of mishandling client funds, according to Carol Langford, a lawyer who defends lawyers accused of ethical wrongdoing. Most of the lawyers under investigation were retired or relatively new to practice, the story says.

Hmm … I just don’t know if “Les Avocats” will be quite as catchy.

Should we feel sorry for California lawyers forced into a life of crime?

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The Temple Law Student Shooter: Questions Abound
Was it self-defense? Was the victim a ‘hero’?

Gerald Ung Gerry Ung Jerry Ung Jerald Ung Temple Law School 3L shooter shooting.jpgOn Monday, we wrote about a shooting in Philadelphia involving a law student, as the accused shooter, and the son of a law firm partner, as the apparent victim. We now have some updates on the situation. Alas, we still have more questions than answers.

Gerald Ung (pictured), 28, is in his final year at Temple University’s Beasley School of Law. (Small correction to our last post: he’s a fourth-year student in the night program, not a 3L.) Ung is accused of shooting Edward DiDonato Jr., 23, a recent college graduate and the son of a partner at Fox Rothschild.

First, some (relatively) good news. Edward DiDonato, who was in critical condition immediately after being shot, is hanging in there and making progress (although he’s still critical). According to the Philadelphia Inquirer, he underwent a fourth operation yesterday. A Facebook group created to express support for Eddie DiDonato has over 1,800 members.

Second, some of Ung’s friends believe he has been treated unfairly in coverage. What are their concerns?

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Lawyers of the Week: A Trio of Tax Suspects

tax headaches tax evasion taxation tax crimes.JPG‘Tis the season for… W-2s. When you get that handy-dandy form from your employer, we suggest that you file it with your federal income tax return — in timely fashion. [FN1]

And don’t forget to file any applicable state and local tax returns, too. Otherwise you could find yourself in deep doo-doo. From the Long Island Press:

Three attorneys, an accountant and a doctor were arrested Tuesday for failing to file a combined total of more than $365,000 in state personal income taxes, Nassau prosecutors said. The arrests were part of a statewide sweep by the New York State Department of Taxation and Finance (NYSDTF).

Arresting someone on a failure-to-file charge? Seems a bit extreme. But if the authorities wanted to send a message about how seriously they take tax crimes, they succeeded.

The attorneys who were charged with failure to file a personal income tax return include 47-year-old David Mollon of Great Neck, 50-year-old Kelly Talcott of Sea Cliff and Dennis O’Leary, 57, of Westbury. Facing the same charge is 53-year-old Gerald Gartner of Lawrence, a certified public accountant, and 62-year-old Avelino Rosales of Cedarhurst, a physician.

O’Leary is a personal injury lawyer — res ipsa loquitur. But Mollon and Talcott are (or were) partners at large law firms, places whose names you’d recognize.

Find out which firms, as well as how much Mollon and Talcott earned during the tax years in question, after the jump.

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Herman Thomas: Could the ‘Spanking Judge’ Become the ‘Spanking Senator’?

judge herman_thomas.jpgWe’re taking some trips down memory lane this week at Above the Law. Yesterday we wrote about Peter John, a Lawyer of the Day from 2007.

Today we bring you news about Herman Thomas, a Judge of the Day from 2007. He was accused of improperly paddling prisoners, but was acquitted at trial.

Now he’s exploring new opportunities in the political realm. From WKRG:

Three months after he was found not guilty of paddling and sexually abusing inmates, former Mobile County Circuit Judge Herman Thomas is running for State Senate.

“I wish to continue my commitment to serve my community that has done so much for me and my family,” Thomas said.

Like acquitting you on charges of spanking male prisoners and trading favorable treatment for sexual favors?

Herman Thomas isn’t the first former judge to go into politics. Over the years, there has been significant movement between the judicial and the legislative branches. (Linda Greenhouse has this nice write-up of the phenomenon.)

But ex-Judge Thomas’s move still seems a bit… random. Could there be another reason he’s running for elected office?

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Peter ‘P’Ta Mon’ John: Was ‘The Thugs’ Lawyer’ a Bit Too Thuggish?

Peter John Peter Q John PTa Mon Thugs Lawyer.jpgLongtime Above the Law readers will be familiar with Peter “P’Ta Mon” John, aka “The Thugs’ Lawyer.” We named him a Lawyer of the Day back in 2007, for his aggressive advertising campaign touting himself as “The Thug’s Lawyer” (along with the catchy slogan, “No Evidence — No Conviction!”). We mentioned him again in 2008, when he started offering a $500 “Expungement Special” (which perhaps the good Professor Jones availed himself of).

Well, Peter John is back in the news again — and not for positive reasons this time. From the Baton Rouge Advocate:

Peter Q. “P’Ta Mon” John, who advertises himself as “The Thugs Lawyer,” was indicted Thursday on charges that he conspired to have attempted murder charges against two local rap music executives dropped….

An East Baton Rouge Parish grand jury Thursday accused John, 39, 11110 Boardwalk Drive, of conspiring with Moore, Demond Eames and Carter to commit perjury in the civil cases and obstruct justice in the criminal case.

In an interview with ATL, Peter John explained his “thugs’ lawyer” ad by saying, “Look, I am close to the streets.” Did he perhaps get too close to the streets?

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Temple Third-Year Law Student Suspected in Shooting

Gerald Ung Gerry Ung Jerry Ung Jerald Ung Temple Law School 3L shooter shooting.jpgMany law students these days are angry and frustrated. If the allegations are true, one has resorted to gun violence (and not just against his casebooks). From Philadelphia’s Fox 29:

A Virginia man is in custody after a weekend shooting in front of Fox 29’s studio in Philadelphia that was caught on camera. Temple University grad student Gerald Ung allegedly shot Villanova graduate Ed DiDonato at 4th and Market Streets early Sunday morning.

According to WPVI, the suspected shooter, Gerald Ung (pictured), is a third-year fourth-year law student at Temple’s Beasley School of Law.

UPDATE (1 PM): Temple has confirmed that Ung, 28, is — or “was,” to use the exact language from the Philadelphia Inquirer article — a law student there.

CORRECTION: Ung is not a 3L, as we originally wrote. Rather, he’s a fourth-year law student in Temple’s evening program.

It is unclear what exactly provoked the shooting, although it appears that Ung and DiDonato were engaged in an argument before the incident. You can see this by watching (somewhat grainy) video footage of the altercation over here. One tipster’s reaction:

This happened in my hometown, which I miss less and less these days. And the [alleged] perp lived three blocks from where I used to live. I wonder if having an appreciation of the law and how much it’s going to run over you makes it any more difficult to sit in jail knowing you’ve done something like this.

UPDATE (2 PM): A different perspective on this incident, after the jump.

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Former White House Lawyer John Michael Farren Charged With Attempted Murder of His Skadden Counsel Wife

john michael farren.jpgA former Bush lawyer has been charged with attempted murder after strangling and beating his wife, a counsel at Skadden Arps.

John Michael Farren, 57, served as deputy counsel to the president under Fred Fielding in the most recent Bush administration, as general counsel at Xerox, and as Under Secretary of Commerce for International Trade under President George H.W. Bush. Since leaving the White House, the UConn law grad returned to Connecticut.

Last night, he made the news there when he allegedly attempted to kill his wife. From the Greenwich Time:

John Michael Farren, 57, of New Canaan, was charged with attempted murder and first-degree strangulation after police received a panic alarm from his home shortly after 10 p.m.

Farren was arraigned in state Superior Court in Norwalk Thursday. He appeared in court with a large bandage on the right side of his neck and has been placed on suicide watch.

According to CBS News, his wife is Mary Margaret Farren, an energy regulation and litigation counsel in Skadden’s D.C. office.

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Las Vegas Courthouse Shooter Had Murderous Past

Las Vegas federal courthouse Lloyd D George federal courthouse.jpgMonday’s shootout at the Lloyd George Courthouse in Las Vegas can be described as tragic, frightening, and now, surreal. Reports are out this morning that the gunman, Johnny Lee Wicks, previously served prison time for killing his brother. The ABA Journal collects the information:

Stories by the Associated Press, the Las Vegas Review-Journal, and the Memphis Commercial Appeal detail Wicks’ criminal past.

Wicks killed his brother after an argument escalated over whether his motorcycle could outrun his brother’s car, according to the Commercial Appeal account. Wicks had claimed he killed his brother in self defense, although no weapon was found near the body. He was convicted of second-degree murder and sentenced to 55 years in prison. On appeal, the sentence was reduced to 12 to 15 years, and Wicks was paroled after serving six years.

I’m not a huge fan of taking legal advice from the Bible, but surely killing your brother because you’re jealous over his sheep car deserves a harsher penalty than six years.

But we’re not done with Johnny Lee Wicks’s past. More after the jump.

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Las Vegas Shooter Follow-Up

Las Vegas federal courthouse Lloyd D George federal courthouse.jpgDetails continue to roll in about Johnny Lee Wicks, the shooter during yesterday’s gunfight at the Lloyd George U.S. Courthouse in Las Vegas. Apparently Wicks set fire to his own house before heading to the courthouse. ABC News reports:

The senior citizen who is being blamed for a Las Vegas courthouse shooting that killed a security officer had set his condo on fire in a fit of rage before the attack.

Friends and family told ABC News that Johnny Lee Wicks, 66, was so upset that his monthly Social Security check was being reduced that he set fire to his home in a gated retirement community around 5 a.m. Monday.

Wicks had filed a racial discrimination suit against the Social Security Administration because his benefits were cut. The suit got tossed and, apparently, that is what set him off. Over on True/Slant, Michael Roston hopes that Wicks’s deranged understanding of race in America isn’t used by neocons as a polemic against tolerance:

Of course, I’m still trying to be hopeful that the fact that Wicks was a black man shooting at a federal building won’t also be worked into the kulturkampf by agents of conservative histrionics. Rush Limbaugh is taking a few days off after his brush with the medical system, so he won’t be going on air tomorrow to declare that crimes like this happen only in “Obama’s America.” If anyone else out there was thinking about saying something like that, please, don’t. Let’s just all be thankful that there weren’t any more senseless deaths from this tragedy today.

Hear, hear. Bullets don’t care about skin color. An Above the Law reader who works at the Lloyd George Courthouse provides an eyewitness account of the harrowing minutes during the shooting.

The story after the jump.

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Breaking: Shooting at Federal Courthouse in Las Vegas

Las Vegas federal courthouse Lloyd D George federal courthouse.jpgA deputy U.S. marshal and a court security officer were shot this morning when a gunman opened fire in the lobby of the Lloyd D. George Federal Courthouse in Las Vegas. The gunman was shot in the head and killed near the courthouse. The identity of the shooter and possible motives for the shooting are not yet known.

UPDATE: Las Vegas Now reports that the court security officer has died. You can check out an amateur video, featuring loud gunshots and the cameraman muttering “holy s**t,” over here. (Gavel bang: commenter.)

If you have additional information — e.g., you were at the courthouse when the shooting took place — feel free to email us. Thanks.

UPDATE: A first-person account appears here.

2 Guards Shot in Las Vegas Federal Building [Associated Press via ABA Journal]

Lawyer of the Day: Aaron Biber

Aaron Biber Gray Plant Mooty.jpgAaron Biber was a principal specializing in business law at the Minnesota law firm of Gray Plant Mooty — until yesterday. As mentioned in yesterday’s Non-Sequiturs, he’s been charged with molesting a 15-year-old boy.

His photo appears at right. We’ll let you be the judge.

Biber was a prominent member of the local bar. From the Minneapolis Business Journal:

Biber is treasurer of the Minnesota State Bar Association, and a former president of the Hennepin County Bar Association. He’s being held at the Hennepin County jail. Freeman’s office expects to ask for $1 million bail at his arraignment, scheduled for Tuesday.

South Lake Minnetonka police arrested Biber on Friday at the Eden Prairie Mall, where he had allegedly arranged to meet the boy. Authorities say Biber had previously had sex with the boy in October at Biber’s Shorewood home.

Gray Plant Mooty has put Biber “on leave” and taken down his bio. This Minnesota firm can teach Biglaw a thing or two — they’ve even eliminated the cached version.

UPDATE: Actually, you can find a cached version of his 2007 bio here. (Gavel bang: commenter.)

More yucky allegations, and the reaction from his colleagues, after the jump.

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My Job Is Murder: Of Departures and Denouements

My Job Is Murder.jpgEd. note: Welcome to ATL’s first foray into serial fiction: “My Job Is Murder,” a mystery set in a D.C. appellate boutique. This is the final installment; you can read prior installments here.

Susanna Dokupil can be reached by email at sdokupil@sbcglobal.net or on Facebook.

The loud whack-whack-whack of a helicopter blade caused John, the detective, and Katarina all to look up. It was the police. Someone downstairs had called, Katarina thought excitedly.

“You’re going in for questioning. One way or the other, you assaulted this guy with a poison frog.”

The helicopter landed on the roof.

John panicked and looked over the edge. No sign of Dick. He grabbed his rolled tent and quickly looped its ropes around his body. As John jumped, the detective marveled at how he had made it into a parachute — but it wasn’t effective enough for such a sharp drop.

John landed, but did not move. Clever, but not realistic, thought the detective as he called 9-1-1.

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A Beauty Queen in an Orange Jumpsuit? Former Law Student Kumari Fulbright Is Prison-Bound

Kumari Fulbright small Arizona law student beauty queen Above the Law blog.jpgRemember Kumari Fulbright? Of course — how could you forget her? The former beauty queen had her legal studies at the University of Arizona derailed after being accused of conspiracy to commit kidnapping and aggravated assault.

It appears that Fulbright’s criminal case is reaching a resolution. The Arizona Daily Star reports:

A former beauty queen and UA law school student accused of orchestrating the kidnapping of her former boyfriend will spend the next two years in prison.

Kumari Fulbright, 27, pleaded guilty to conspiracy to commit kidnapping and aggravated assault Tuesday in Pima County Superior Court.

Fulbright agreed to serve two years in prison for the assault charge and she will have to serve a term of probation on the kidnapping charge once she’s released.

Despite having studied law, as well as having interned for a federal judge, Kumari Fulbright didn’t seem to know how a plea hearing is supposed to work.

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Don’t Mess With Texas Blokes

British aristocrat lawyer.JPGAn ATL reader sent along this motion, asking us:

Can you get to the bottom of whether this is a hoax? I assume it is, given how ridiculous the motion and response are. On the other hand, it’s Texas.

It’s a challenge to be an out-of-state attorney in some courts. It may be even more difficult to be an out-of-country attorney.

Here’s the motion from the District Court of Travis County, Texas:
motion to compel state's attorney to drop accent.jpg

The prosecutor is British (and a Duke Law ‘02 grad). His bloody funny response explains that he has already acceded to one of the Defendant’s concerns by wearing cowboy boots, but will not be dropping his accent.

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Texas Criminal Defense Firm Can’t Defend Its Photos

Right before the holidays, we wrote a heartwarming story about child porn and stumbled across the website of Lindeman, Alvarado & Frye, a Texas criminal defense firm with a variety of sexual crimes practice groups.

We wrote an Adventures in Law Firm Advertising post about the firm because of its disturbing taste in stock photos. For example, we thought this image for a kiddie porn defense practice group was highly questionable:
lindeman alvarado frye kiddie porn defense.jpg
Apparently, the photos did not stay up long after our post. The Texas Lawyer wrote on Friday about the firm’s learning a lesson from ATL:

Above the Law noted that a photo of a pigtailed girl accompanying Lindeman, Alvarado’s description of its Child Sexual Assault & Internet Solicitation of a Minor Defense Practice was a “little off.” The blog also pointed out a photo of a troubled-looking woman wrapped in a robe illustrating the firm’s Rape and Sexual Assault Defense Practice; one of a hand over the mouth of a young girl to illustrate the firm’s Family Violence Defense Practice; and a photo of a suitcase filled with white packages illustrating the firm’s Interstate and International Drug Charges Defense Practice.

The stock photos in question were added to the firm’s Web site in April by FindLaw, which Lindeman, Alvarado had hired to revamp and expand the firm’s site, Lindeman says. Lindeman, Alvarado partner Charles B. “Brad” Frye says the project cost the firm about $30,000.

We think Lindeman may be entitled to a refund. An ATL reader sent the firm a link to our post, and the firm e-mailed Findlaw to get the photos taken down. Since it was the Wednesday before Thanksgiving, they didn’t remove them from the site until Monday, Nov. 30.

Not that it matters. We still have the screen shots. Plus, we discovered one more photo — thanks, Google cache! — that may be the worst of them all….

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My Job Is Murder: Of Legends and Legerdemain

My Job Is Murder.jpgEd. note: Welcome to ATL’s first foray into serial fiction. “My Job Is Murder,” a mystery set in a D.C. appellate boutique, will appear one chapter at a time, M-W-F, over the next few weeks. Prior installments appear here; please read them first.

Susanna Dokupil can be reached by email at sdokupil@sbcglobal.net or on Facebook.

Tyler hit the “send” button on his e-mail draft to Carol. He knew his career at the firm was just as dead as Ken Thrax. He wondered how long he had. Days? Weeks? He had no idea what to do next. But he had a sudden empathy for John Tiburon. He decided to go up and thank him for the help on the memo. Fortunately no one was in the men’s room when he climbed up to open the ceiling tile.

As he reached the trap door to the roof, he heard voices yelling. One was Tiburon.

“You idiot! All you had to do was get back into Thrax’s office once his body was discovered and clean that one lousy key before the police started sweeping the office. Your office is just down the hall, and it would have been so natural for you to be first on the scene. It was the perfect crime! Totally untraceable! You plant the frog, and it’s a bizarre freak accident. How could you ruin everything?”

“I’m sorry, I guess I got distracted.”

“Distracted with a bottle of Scotch, more like. Did you muck something up with a client? Is that why Thrax wanted you out?”

“Of course not. I’d never let my, er, hobbies interfere with work.”

“Well, it wasn’t the sexual harassment scandal. We all know you can beat that. You’ve never been interested in a woman in your life.”

Schlosh! Tyler thought with alarm. Gay and an alcoholic? The things he missed by preferring Asimov to office gossip … .

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Kick-A-Ginger Day Draws Light Punishment

Kick a ginger day.JPGJust before Thanksgiving, I lightly mentioned Kick-A-Ginger day. In case you missed it, some kids at a California middle school used Facebook to organize a day of beating on redheaded children like they were redheaded step-children.

Parents of children at a Calabasas middle school were understandably horrified when they learned that 12-year-olds and 13-year-olds were running around hitting gingers.

Apparently, the attackers have been identified. The L.A. Times reports:

In Calabasas, an affluent community northwest of Los Angeles, school officials have identified nine children believed to be responsible for the assaults but their investigation is continuing. Eleven victims have come forward.

But will their punishment be tough enough? The school has already taken one (weak) response, but some parents want more.

Details after the jump.

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Tiger Woods Must Keep His Mouth Shut

Tiger Woods Rachel Uchitel Elin Nordegren.jpgUPDATE (3:07): The Florida Highway Patrol (FHP) just held a press conference. FHP announced that Tiger Woods was found “at fault” in his traffic accident, guilty of careless driving. The fine is $164 and four points on his driving record. This ends the Florida Highway Patrol’s investigation.

FHP determined “that there was insufficient evidence to issue a subpoena for any further evidence. There are no claims of domestic violence by any individual.”

Hmm… No evidence, you say? It looks like not talking was in fact the smart thing to do.

* * * * * * * * *
Lawyers, members of the bar, law students, and others with a smattering of legal training: we all have a duty to stand up and defend Tiger Woods’s decision to keep his mouth shut. The mainstream media has this story completely wrong, and it is up to us — those blessed with a basic understanding of criminal jurisprudence — to educate the public about why Tiger is staying silent. We must explain to our mothers and fathers and doormen and bodega owners that Tiger probably has to keep his mouth shut, in order to keep his wife out of jail.

I’ve explained elsewhere that we are looking at a potential domestic violence situation. If some of the reports are true, Elin Nordegren attacked her husband, allegedly threatening him with a golf club.

Now this is the part that laypeople seem to be having difficulty grasping. Just because Tiger is a man doesn’t mean he gets to decide whether or not his wife gets prosecuted for domestic violence. Criminal law doesn’t work that way. If the police find that Elin Nordegren assaulted Tiger, then this process gets taken out of Tiger’s hands. Right now, shutting up is the only thing Tiger can do if he wants to retain a modicum of control over the situation.

Especially in Florida.

More details, after the jump.

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Watch Out, Swiss Misses: Roman Polanski Wins Bail

Roman Polanski Adrien Brody.jpgWomen of Switzerland, lock up your daughters. Roman Polanski has been granted bail, after a court approved his bail offer of $4.5 million. (For now, he’s still in jail; his release date has not been set.)

Once released, Polanski will be under house arrest. So, good parents of Switzerland, maybe there’s no need to lock up your daughters. Just don’t let them anywhere near Polanski’s ski chalet in Gstaad.

Getting released on bail is a nice result for Polanski, since it was widely expected that he’d remain stuck in the pokey. Perhaps he was represented by the Zurich office of Lindeman, Alvarado, & Frye? (Gavel bang: commenter #16.)

We suspect that ATL readers are displeased by this development. In a reader poll from September, almost three quarters of you expressed support for continuing to pursue and prosecute Polanski.

How does writer-turned-kinda-lawyer Elizabeth Wurtzel feel about all of this?

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