24 Oct 05
Originally posted by DelmerDel, do you really think that I check the serial numbers of every retainer I get?? I wouldn't even know how to do so without getting some government agency involved and then I'm sure my reporting such a fact would be unnecessary. Also, a person having such a bill would not necessarily prove that they got it from robbing the bank; even bank robbers buy goods and services and circulate currency to third parties.
Let's say there is a bank robbery and one of the men charged asks you to defend him and gives you a substantial retainer in cash. He doesn't seem to be a man who would have that kind of cash so you check the serial numbers and find out the bills match some of those stolen from the bank. At that point what is your legal obligation, if any?
What is your ethical obligation, if any, to the New York Bar Association?
So far as I'm concerned, any information I get from my client is absolutely privileged unless they tell me to reveal it. Discipline in New York is handled by the Appellate Divisions, not by the Bar Association, but so far as I know, no lawyer is obligated to reveal such information and I doubt it would be subject to any disciplinary sanctions for refusing to do so. I work for my clients, not the State; the State has determined that me conducting myself in this matter is necessary to acheive the critical goals of the justice system - the most important component of which is protecting individual rights. That's my gig and I have no problem with it; I haven't had anybody that I thought was tooooooo much of a scumbag to defend yet, though if Tom DeLay comes knocking I might reassess in a hurry.
24 Oct 05
Originally posted by no1marauderThe problem obviously being that your overwhelming evidence is as solid as the overwhelming evidence against Nelson Mandela.
As a practical matter, if the evidence against someone is overwhelming, I tell them so. Then they usually ask you to get them the best deal possible. Does anybody think that is unethical?
24 Oct 05
Originally posted by no1marauderLOL! No, I don't think you check serial numbers on bills. Thanks for the answer. Let me pursue it one more step. Once a case is underway if your client threatens you and/or your family is that also privileged information? How would you handle that? BTW, isn't Tom DeLay considered innocent until proven guilty?
Del, do you really think that I check the serial numbers of every retainer I get?? I wouldn't even know how to do so without getting some government agency involved and then I'm sure my reporting such a fact would be unnecessary. Also, a person having such a bill would not necessarily prove that they got it from robbing the bank; even bank robbers buy ...[text shortened]... much of a scumbag to defend yet, though if Tom DeLay comes knocking I might reassess in a hurry.
25 Oct 05
Originally posted by DelmerSure, but I'd have the opportunity to withdraw from the case and/or kick his a**; however, dreaming up these scenarios might be useful for Law and Order episodes but in 13 years of practice I've never come across anything remotely resembling such a situation. Sure, Tom DeLay is entitled to a presumption of innocence, but he has earned a reality of being a jerkwad so I personally might not want to defend him. If his case represented something I considered an important principle, I might still defend him even though I find his politics obnoxious and dangerous (like the ACLU defending the Nazis' right to march) but as his accused crime was to get rich people to pay money to politicians it's hardly Clarence Darrow material.
LOL! No, I don't think you check serial numbers on bills. Thanks for the answer. Let me pursue it one more step. Once a case is underway if your client threatens you and/or your family is that also privileged information? How would you handle that? BTW, isn't Tom DeLay considered innocent until proven guilty?
25 Oct 05
Originally posted by no1marauderThank you, No.1. Good to talk with you again.
Sure, but I'd have the opportunity to withdraw from the case and/or kick his a**; however, dreaming up these scenarios might be useful for Law and Order episodes but in 13 years of practice I've never come across anything remotely resembling such a situation. Sure, Tom DeLay is entitled to a presumption of innocence, but he has earned a reality of bein ...[text shortened]... crime was to get rich people to pay money to politicians it's hardly Clarence Darrow material.
25 Oct 05
4 edits
Originally posted by no1marauderBut where are the snows of yesteryear?
Sure, but I'd have the opportunity to withdraw from the case and/or kick his a**; however, dreaming up these scenarios might be useful for Law and Order episodes but in 13 years of practice I've never come across anything remotely resembling such a situation. Sure, Tom DeLay is entitled to a presumption of innocence, but he has earned a reality of bein ...[text shortened]... crime was to get rich people to pay money to politicians it's hardly Clarence Darrow material.
--Francois Villon
EDIT: Removal of all prior edits...
