Prosecutors

Another busted barrister: Archie Leach (John Cleese).

People can argue about whether or not Indians — of the South Asian variety, not the Native American variety — are or are not “Caucasian.” I take no position on that issue, having been burned before (see the comments to this post).

I will say this, though: in my opinion, South Asians share in common with East Asians the ability to pass for much younger than they really are. (It’s generally a blessing, although not always; in a discussion at the recent Penn APALSA conference, some panelists talked about how looking young can complicate dealing with clients and opposing counsel.)

So how much younger can South Asians claim to be? One India-born lawyer, who graduated from a top 14 law school, finds herself in litigation for allegedly lying about her age — amongst many, many other things.

And the whole thing smells worse than Ghazipur landfill….

double red triangle arrows Continue reading Lawyer Busted Barrister of the Day: Liar Liar, Wig on Fire?”

In the movie Malice, Jack Donaghy is asked during a deposition (by Sandy Cohen) if he has a “God Complex” and proceeds to deliver a classic meltdown: “I *AM* God.”

There’s a legal equivalent to Baldwin’s doctor, and it’s not a judge or even a senior partner. For the biggest “God Complexes” (“God Complii?”) look to your friendly neighborhood prosecutors. Imbued with extraordinary power through the charging process and the investigatory resources of the government, prosecutors can get used to getting their way and indifferent to the plight of defendants, witnesses, and counsel. And nothing can raise their ire more than someone unwilling to cooperate. “How dare they defy me?”

Take the case of Kevin Ring, a Jack Abramoff acolyte sentenced to almost two years of prison time, whose conviction was just upheld by the D.C. Circuit (opinion available here). I’m not a huge fan of lobbyists, but the transgressions proved at Ring’s trial look way too small to justify his sentence.

Instead, it looks like his primary crime was not cooperating with the almighty government….

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Patrick Bateman? No, Tabber Benedict (via Getty).

* Former Biglaw associate Tabber Benedict, whom we’ve mentioned before (in happier times), reportedly threw a lavish “going away” party — going away to prison, that is. [Daily Mail]

* Take your pick: is government an “impetuous vortex” or a “hideous monster [with] devouring jaws”? [Althouse]

* Some thoughts from Juan Haines, a current San Quentin inmate and jailhouse lawyer, on wrongful conviction. [Life of the Law]

* In defense of the weekly meeting. [What About Clients?]

* Prosecutors: above the (traffic) law? [UTSanDiego.com]

* And how about the U.S. Postal Service? [Felix Salmon]

* The furor over U.S. Attorney Carmen Ortiz and the late Aaron Swartz shows no sign of abating. [How Appealing]

* Speaking of technology law, how would you like to win $5,000? If so, check out this contest. [IT-Lex]

The crime scene.

Yesterday brought word of a law firm shooting in Phoenix in which a partner was injured. Today we have news of more gun violence, this time from Texas, resulting in the death of a prosecutor.

This morning, an assistant district attorney in Kaufman County, Texas, was shot and killed outside the courthouse. Assistant District Attorney Mark Hasse was on his way to misdemeanor court when he was ambushed by two men and gunned down.

The situation is still developing, but here’s what we know right now….

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FIRST! Assistant United States Attorney.

First amongst weird creation myths is that of the Mbombo god, who is said to have vomited up pretty much all of our world. Similarly, the story of how this website has been… thrown up is worthy of retelling. At its essence, it goes like this: A boy blogs about very sober legal issues in an incredibly earnest way and then the governor of New Jersey tells him to start Above the Law, The End. I may have missed some crucial details and got others flat-out wrong, but I think the kernel of truth is still in there somewhere.

At any rate, that boy was working for the United States Attorney’s office in Newark at the time. Doing anything on the internet, even if it was super-serious and incredibly sincere, could be considered controversial because of the position. The lawyers tasked with working in such a high-profile prosecutorial role must be seen as impartial, lest the cases they take on get tainted by their online presence.

Which is what makes it all the more surprising that history is repeating itself down in New Orleans, where two assistant United States attorneys have become embroiled in scandal after being caught commenting on not just the law in general (like our own dear leader), but the specific cases that came through their office.

It’s almost as if the New Orleans U.S. Attorney’s office is trying to outdo David Lat in some way. Which, I mean, trick please…

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Megyn Kelly

* Should attractive women in the legal profession be offended when complimented on their appearance? Or should they instead engage in “the strategic use of their own sexuality,” to quote the New York Times (citing a federal judge)? [Shatter the Glass Ceiling]

* Speaking of attractive women lawyers, what do people think of when they think of Megyn Kelly? [New York Magazine]

* MOAR RANKINGS — this time of the most influential law reviews. Yeah, you know you wanna click. [Witnesseth via Tax Prof Blog]

* Everything’s bigger in Texas — including the allegations of prosecutorial misconduct. [Dallas Morning News]

* In other news of alleged government misconduct, a former SEC staffer claims the place was rife with sexual tension and professional backstabbing. [Thomson Reuters News & Insight]

* Might a strip club be a more hospitable workplace than the SEC? Strippers just secured a $13 million settlement in a wage-and-hour class action lawsuit. [In House / Findlaw]

It’s a tale as old as time, and perhaps — if you were desperate enough — you’ve even experienced it yourself.

A young man wanders the streets of New York City, with dreams of some day becoming a star. He waits tables and does various odd jobs to pay the bills, all the while yearning for his chance in the limelight. He lands a few soap opera and commercial roles, but in the grand scheme of things, he isn’t very successful in his theatrical endeavors. He can’t land any good parts, and in the end, he’s forced to make a decision: will he put his manhood to the test and turn to acting in adult films, or will he go to law school?

Yup. Porn or law school. Thankfully, the legal profession is such that you can do both. Or, at least it was in the 1970s. The wannabe film star that we’re referencing decided to do both, but at least he had the good sense to tend to his porn career first, and then head off to law school. And in the end, he had a very successful practice — both in terms of showing his “O” face to the world, and climbing the ladder of legal stardom to the ranks of county district attorney in upstate New York.

But until recently, his adoring public was unaware that DA also stood for Dick Adjudicator….

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I’ve done some fairly unacceptable things whilst blackout drunk. Life is hard, and navigating this world fifteen to twenty Bud Lights in is nigh on impossible. I fell asleep on a train platform a few months ago. For instance. I was awakened by the bleating of the oncoming train’s horn. WAKE UP AND MOVE YOUR FEET FROM MY PATH BEFORE I CHOP THEM OFF, the train said. I moved them. Still have my feet.

This weekend, an assistant district attorney with the Brooklyn D.A.’s office allegedly lost something more important than his feet. His head. He allegedly lost his head, lost his cool, and probably stands to lose a whole lot more in the days to come.

Michael Jaccarino is the ADA’s name, and it took all the restraint the New York Post had not to scream in its headline, “Wacko Jacko On The Attacko.”

Y’see, Micael Jaccarino allegedly attacked a female EMT early Saturday morning…

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Ed. note: Lat here. This post is by lawyer turned novelist Allison Leotta, whom I previously profiled. I recently read Leotta’s newest book, Discretion, which I highly recommend. Not only is it a gripping thriller, but it’s legally realistic too, reflecting Leotta’s experience as a federal prosecutor and her research into the escort business.

As a former sex-crimes prosecutor who just wrote a novel about the escort business, I keep getting the same question from my Biglaw buddies: “I already feel like a high-end prostitute. Shouldn’t I get paid like one?”

It’s an old saw that lawyers are already prostitutes. Face it, we care deeply for our clients because we’re paid to care about them. If we’re good, we start by convincing ourselves that the side of the legal dispute we more or less randomly ended up on happens to be the right side. You think a hooker’s job is that different? Forget it. The infamous D.C. Madam — an inspiration for my latest book, Discretion (affiliate link) — was a woman who dropped out of law school and opened an escort agency.

You’re good-looking, you like people, you know how to bill by the hour — you could totally do this. But is being a high-class escort really a better job than the one you’ve got now? The answer will be familiar to every memo-writing associate: It depends. Before you go trading in those Christian Louboutins for five-inch-stilettos, check out these side-to-side comparisons of the trades….

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Patrick Fitzgerald

When renowned federal prosecutor Patrick Fitzgerald stepped down as U.S. Attorney in Chicago, he reacted skeptically to the suggestion that he join the dark side jump over to private practice and become a defense lawyer. When asked about this at a press conference regarding his departure, he quipped, “Can you see me as a defense attorney?”

Well, pooh-poohing something isn’t the same as rejecting it out of hand. Yesterday brought news that Pat Fitzgerald will be entering private practice after all.

So which Biglaw firm just landed this big fish?

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