The indictment of Zachary Warren is troubling for a lot of lawyers because, well, he seems like one of us. His post-Dewey path to a great law school, two cool clerkships, and an offer from a great law firm, is something we, as lawyers, can identify with.
What’s most frustrating about Zachary Warren’s situation is that it looks like he was charged largely because he decided to talk to law enforcement without hiring a lawyer first.
Most of us would like to think that, as lawyers, we’re smart enough to make the right legal moves if we’re in a place where we need to. Yet Warren talked to law enforcement, when most of us know that’s the wrong move (and, if you don’t know that’s the wrong move, there’s a short video on my firm’s webpage explaining how we look at it). What’s up with that?
As Lat mentioned earlier this week, there’s a dispute about what happened. Some of Warren’s friends say he was essentially duped about his status or the nature of the interview he participated in. The Manhattan D.A. has pushed back, through spokeswoman Erin Duggan Kramer: “The facts [in this New York Times piece] are incorrect. The claim that an attorney with a federal clerkship could have any misunderstanding of what it means to speak with and agree to meet with the D.A.’s office is preposterous.”
Kramer’s point makes seems intuitively compelling. Why would a smart lawyer talk?
For starters, there are the emails laid out by the SEC in its complaint, such as:
“I don’t see how we’ll get past the auditors another year.”
“I assume you [k]new this but just in case. Can you find another clueless auditor for next year?”
“I don’t know anything about [the contracts] and I don’t want to cook the books anymore. We need to stop doing that.”
“I don’t know. He’s starting to wig a little. Maybe he’s hearing and seeing too much . . . .”
Sadly for people and happily for prosecutors, regrettable emails are simply a fact of modern electronic life. Still, “I don’t want to cook the books anymore” has to be pretty high on the list of things that one is likely to regret putting in an email.
The first rule of state court is: you do not talk about state court.
* Foreclosure attorney Bruce Richardson alleges that Hogan Lovells partner David Dunn hit him with a briefcase in front of a court officer. That’s how they roll in state court. (Expect more on this later.) [New York Daily News; New York Post]
* From cop killer to nomination killer: Mumia’s the word that stopped Debo Adegbile’s nomination to lead the Justice Department’s Civil Rights Division. [Washington Post]
* In happier nomination news, congratulations to former Breyer clerk Vince Chhabria, as well as to Beth Freeman and James Donato, on getting confirmed to the federal bench for the Northern District of California. [San Francisco Chronicle]
Last May, a 26-year-old paralegal by the name of Julia Papazian Law was found dead in the bathtub of her boss and boyfriend, prominent Philadelphia defense attorney A. Charles Peruto Jr. The news set tongues wagging in Philly. It had all the elements of a tabloid tale: a beautiful young woman, a wealthy and successful lawyer, and possible organized-crime connections. (Peruto has represented such prominent alleged Mob figures as Joey Merlino and Nicodemo Scarfo.)
Philadelphia District Attorney Seth Williams convened a grand jury to investigate Julia Law’s death. This decision did not sit well with Charles Peruto, who claimed that it placed him under a cloud of suspicion that harmed his reputation and his legal practice.
With the grand jury probe concluded, District Attorney Williams made an announcement about its findings. What did he have to say?
David Boies: just one great lawyer among many at Boies Schiller.
What comes to mind at the mention of Boies, Schiller & Flexner? Perhaps the legendary named partners — David Boies, Jonathan Schiller, and Donald Flexner — or perhaps the legendary bonuses, which last year went as high as $300,000.
But there’s much more to the firm than that. Even though BSF is most famous for its litigation work, it has a sizable and well-regarded corporate practice, for example. And even though its biggest presence is in the state of New York, with offices in Albany, Armonk, and New York City, the firm has several other outposts — including a growing and high-powered presence in Washington, D.C.
Boies Schiller has been adding some impressive new talent to its D.C. outpost. Last week, the firm welcomed a leading litigatrix. Let’s learn more about her, shall we?
The big news in “Justice” today is a new report from Professor Samuel R. Gross of the University of Michigan Law School showing that exonerations of convicted criminals are on the rise. Gross used data from the National Registry of Exonerations to determine that 87 prisoners were freed from wrongful convictions last year, the highest number in decades.
In a way, that’s good news. More exonerations suggest that more resources are being spent going back over closed cases and freeing people based on new or better evidence. But the report is also chilling proof that our criminal justice system gets things wrong, all the time, and innocent people go to jail because of it.
Instead of being obsessed with conviction rates, state bars might want to look into prosecutorial f**k-up rates. Because it is better that ten guilty persons escape than that one innocent suffer…
* The Phoenix Coyotes plan to change their name to the Arizona Coyotes. They probably should have looked into whether or not someone had trademarked “Arizona Coyotes.” I don’t care about their name as long as they go back to their awesome original sweaters. [The Legal Blitz]
* As expected, Mayor Bill De Blasio has dropped New York City’s appeal of the stop-and-frisk case. [New York Times]
* As we discussed this morning, Eric Holder had to make a decision on whether or not to pursue the death penalty in the Boston Bomber case. Well, he made it. [CNN]
* No, getting mocked on late night TV is not the same as torture or the mass extermination of human beings. [Popehat]
* What happens when 16 children’s book characters are sent to court? [Visual.ly]
* Here are 5 quick tips to employ when preparing for the bar exam. [BigLaw Rebel]
* Prosecutors aren’t all out to get your client. You need to read the signals to figure out when they’re willing to help. [Katz Justice]
* Unlocking your phone is still a crime. It’s almost as though Congress was deliberately obstructionist on every issue for a whole year. Weird. [Politix]
* Ever wonder how to make the transition from law school to journalist? Here’s one answer from across the pond. [Legal Cheek]
It’s a lamentable fact that very few white-collar cases in federal court go to trial. Most plead. Many of those that plead also involve someone providing evidence to the government against someone else; the people involved cooperate (or flip, or snitch, depending on who is talking about what happened).
White-collar cases, at least after an indictment, are often litigated with an eye toward the sentence that will come out at the end. And, with significant sentences in white-collar cases, that makes sense.
Most people plead rather than go to trial because a plea generally locks in some certainty about what will happen at sentencing. (True, in a world where the sentencing guidelines are discretionary, a judge may have a lot of power to decide a sentence that defeats a party’s expectations, but, generally, either by creative use of a statutory maximum — the government agreeing to make certain recommendations — or the simple fact that pleading guilty is a recognition that you aren’t going to spend a lot of the judge’s time sitting in trial, a plea can give a reason to think that the sentence at the end of the case will be lower. Though, of course, there’s always a Madoff exception.)
* GEEZER FIGHT!!! (Still not as good as the all-time classic embedded after the jump) [Lowering the Bar]
* Judge Boyce Martin apparently racked up nearly $140,000 in improper expenses. Now he’s gone from the Sixth Circuit. At least he finally has some time to travel. [Talking Points Memo]
* The University of Wisconsin got smacked with a lawsuit over its decision to get rid of student government because student governments are useless application padding for tools for no reason. I want this to go to trial just to hear everyone “Badger” the witness. UPDATE: So this is UW-Milwaukee so they’re technically the Panthers. I stand by the original joke because nothing will badger the witnesses more than reminding them that they didn’t have the grades to go to UW-Madison. [The Chronicle of Higher Education]
* Thomson Reuters Concourse is getting serious. They just added Drafting Assistant, Westlaw Doc & Form Builder, and WestlawNext Practitioner Insights to the platform and promise more on the way. At this rate, I’m expecting a big “WestPhone” & “WestPad” unveiling in a few weeks. [Legal Current]
* The story of the late Duke law student whose family was hounded by Sallie Mae for repayment may have come to a conclusion. [Think Progress]
* “You Don’t Have to be Jewish to Love a Kosher Prison Meal.” [New York Times]
* Some law students at the University of Utah Law School have created a humor journal. Here’s the latest issue. I wonder what current events issue law students in Utah are going to write about… [The ScoffLaw]
* Ed Kilgore of the Progressive Policy Institute weighed in on how Chris Christie’s BridgeGate stemmed, in part, from his experiences as a prosecutor and cited our article on the subject in the process. [Washington Monthly]
The Second Circuit met en banc (or in banc?) for the first time in a little over two years and handed down a sharply divided 9-6 opinion with potentially major ramifications for the criminal justice system.
In the crosshairs in yesterday’s decision was the sanctity of one of a modern prosecutors most cherished tools of brow-beating serving justice: the guilty plea.
The Second Circuit is leading the way in restoring a little bit of justice to the criminal justice system…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at email@example.com or firstname.lastname@example.org. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
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