LawTalkers

LawTalkers (http://www.lawtalkers.com/forums/index.php)
-   Politics (http://www.lawtalkers.com/forums/forumdisplay.php?f=16)
-   -   My God, you are an idiot. (http://www.lawtalkers.com/forums/showthread.php?t=861)

Greedy,Greedy,Greedy 05-06-2011 09:50 AM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Fugee (Post 452489)
In this case, the principal could have used someone telling him it looks shitty to punish the victim of a sexual assault for not wanting to cheer for her assailant. And a good school district lawyer might have been able to come up with a compromise where the girl didn't have to cheer for him but it wouldn't be so obvious she wasn't cheering for him.

proposing creative alternatives is also something else lawyer's ought to be capable of

So are we employing a whole bunch of people who purposefully put blinders on before rendering advice?

Hank Chinaski 05-06-2011 09:58 AM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Fugee (Post 452489)
In this case, the principal could have used someone telling him it looks shitty to punish the victim of a sexual assault for not wanting to cheer for her assailant.

seriously, what principal would need to be told this? this isn't some esoteric legal point.

Quote:

And a good school district lawyer might have been able to come up with a compromise where the girl didn't have to cheer for him but it wouldn't be so obvious she wasn't cheering for him.
by the time the lawyer heard about it I bet basketball season was over.

Fugee 05-06-2011 10:56 AM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Hank Chinaski (Post 452492)
seriously, what principal would need to be told this? this isn't some esoteric legal point.

Apparently this one needed to be told just that or he'd have done something very different from what he did.

You're probably right that basketball season was already over by the time she sued the school district. But there still should have been a better solution than spending piles of $$ on litigation.

Gattigap 05-06-2011 11:07 AM

Re: My God, you are an idiot.
 
Joshua Green of the Atlantic watched Fox News' coverage of last night's Republican Debate.

http://cdn.theatlantic.com/static/mt...wlenty-Gay.jpg

Hank Chinaski 05-06-2011 11:16 AM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Fugee (Post 452493)
Apparently this one needed to be told just that or he'd have done something very different from what he did.

You're probably right that basketball season was already over by the time she sued the school district. But there still should have been a better solution than spending piles of $$ on litigation.

her family was clearly on a mission- how do you know there was any "solution?" I have a case that should settle. it won't unless the other side changes its mind and stops fighting to make a point. The school can't resolve a case if her family doesn't want to resolve the case.

Fugee 05-06-2011 11:17 AM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Gattigap (Post 452494)
Joshua Green of the Atlantic watched Fox News' coverage of last night's Republican Debate.

http://cdn.theatlantic.com/static/mt...wlenty-Gay.jpg

There was room for another bullet point: Nice guy but boring :P

Sidd Finch 05-06-2011 11:22 AM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Atticus Grinch (Post 452478)
I give whatever opinion I'm asked for, but to the extent I volunteer my view of "real world" consequences I am privileging my opinion over thousands or even hundreds of thousands of other constituents. You well know I have many opinions, some of them crackpot, but I consider it an ethical duty not to use my status as a lawyer to convey that my opinion on non-legal matters is anything of consequence.

So if I'm not asked, I keep my mouth shut. If I am asked and I don't reside in the jurisdiction, I demure until they insist to the point of assuring me that they'll give my opinion the same weight as any other non-constituent's. And if I do live in the jurisdiction, they really have to drag it out of me.

I have not always been as scrupulous about this as I'd like. The temptation to influence policy is strong. The career longevity of the public attorneys who do not respect their priestly role in dealing with elected decisionmakers is short. Nobody voted for me to make a decision, and I consider it an appalling abuse of my meager powers to use persuasion to influence policy. And that's why good public lawyers don't say "should" or "shouldn't" in public (unless they're parroting the client). They say "can" and (far less often) "can't."

What private firms do with private clients is their own business. Same with private firms representing public agencies in litigation. But in-house? There is such a thing as wrong (IMHO).


Wow -- Atticus is John Yoo.

Sidd Finch 05-06-2011 11:25 AM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Atticus Grinch (Post 452487)
I realize my posts are too long to read, but your summarization skills suck. My "client's interests" are for the policy he wants to be effectuated, if that is not illegal. So I've considered my client's interest. What you're talking about is talking him out of a policy I don't like.

No, he's talking about advising the client fully. For example, if the school supe says "I don't want to seek fees even though this is a frivolous case," do you just say "okay, that's legal" or do you suggest that he consider deterrent effect on future frivolous suits, fiduciary duty to the school, etc.?

Maybe government lawyers never do the latter. But if so, that points to how little the judgment of government lawyers is valued, how little you are treated as a trusted advisor rather than a legal tool. For you to call doing the latter "malpractice" is ridiculous.

Sidd Finch 05-06-2011 11:36 AM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Fugee (Post 452489)
In this case, the principal could have used someone telling him it looks shitty to punish the victim of a sexual assault for not wanting to cheer for her assailant. And a good school district lawyer might have been able to come up with a compromise where the girl didn't have to cheer for him but it wouldn't be so obvious she wasn't cheering for him.

I think you can figure out that I agree with you on what the role of a lawyer should be. They call us "counselor" for a reason.

On the specific situation that started this discussion, my concerns were really aimed towards the court for finding this "frivolous." Obviously I haven't read the briefs etc., but it still seems too harsh. (And it's the Fifth Circuit, so I give the zero benefit of the doubt.)

I would hesitate to criticize the lawyer for not advising on the things you mention, for a few reasons. First, I don't know that he didn't. Second, there are other considerations -- like, the school was worried about facing these sorts of lawsuits in the future, it wanted to deter them with a sanctions award, and even "we don't have to collect on the award, we can use it as a scare tactic towards others and maybe even leverage an apology out of her." Or even that getting a sanctions award could deter a particular lawyer from future suits. Or, quite possibly, the lawyer did give this advice and the super said "thanks, but this is what we are doing." etc., etc., etc.

As a lawyer, I have done plenty of things for clients that an outsider could point to and say "Sidd gave bad legal advice," and the outsider would be wrong. Sometimes, I gave opposite advice -- i.e., "don't pursue this claim, you are wasting your money." Sometimes, there are considerations that may not be obvious -- a client willing to spend $3x, even $10x, to fight over $x, because they know there are many others out there with similar claims for $x and they need to make their opposition clear (or need to establish a point of law). Etc., etc.

Quite honestly, if I were to criticize any lawyer here, it would be the cheerleader's. Where I've had clients reject my advice not to pursue claims, I've pursued those claims (after writing a "mother of all CYA letters") -- but ONLY if I could do so without violating Rule 11. That's a separate obligation to the court, that goes beyond any duty to the client.

Sidd Finch 05-06-2011 11:49 AM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Hank Chinaski (Post 452495)
her family was clearly on a mission- how do you know there was any "solution?" I have a case that should settle. it won't unless the other side changes its mind and stops fighting to make a point. The school can't resolve a case if her family doesn't want to resolve the case.

I just threw up in my own mouth a little


Translation: I agree with Hank.

Tyrone Slothrop 05-06-2011 01:39 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Sidd Finch (Post 452500)
I just threw up in my own mouth a little


Translation: I agree with Hank.

http://fromdamascustoemmaus.com/wp-c...ay-in-hell.jpg

Greedy,Greedy,Greedy 05-06-2011 01:42 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Sidd Finch (Post 452499)
I would hesitate to criticize the lawyer for not advising on the things you mention, for a few reasons.

I just want to note that I think we've moved on from criticizing that lawyer; we're all too aware of how often people choose to ignore our good advice, though he or she is still an idiot for hanging out with these bozos.

Now we're on to criticizing the way Atticus practices, since he doesn't seem to have any of the hypothetical excuses of the imaginary lawyer helping his clients beat up on the rape victim.

Greedy,Greedy,Greedy 05-06-2011 01:44 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Hank Chinaski (Post 452495)
her family was clearly on a mission- how do you know there was any "solution?" I have a case that should settle. it won't unless the other side changes its mind and stops fighting to make a point. The school can't resolve a case if her family doesn't want to resolve the case.

Yeh, why won't they just accept the sexual assault and suck it up?

I hate it when rape victims make a scene.

Greedy,Greedy,Greedy 05-06-2011 01:50 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Fugee (Post 452496)
There was room for another bullet point: Nice guy but boring :P

I want to know how they established that "definitely not gay" bit. Come on, Fox, let's hear about that investigative journalism!

Sidd Finch 05-06-2011 01:50 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 452505)
Yeh, why won't they just accept the sexual assault and suck it up?

I hate it when rape victims make a scene.

Lighten up, Francis. You are proving Hank's point.

Sidd Finch 05-06-2011 01:51 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 452506)
I want to know how they established that "definitely not gay" bit. Come on, Fox, let's hear about that investigative journalism!

Is that actually real?
Holyshit.

Gattigap 05-06-2011 01:53 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Sidd Finch (Post 452509)
Is that actually real?
Holyshit.

It has popped up in a number of places around the Interwebs, including some respectable places like the Atlantic, but I kinda doubt it. Fox is dumb, but they're not that dumb.

Greedy,Greedy,Greedy 05-06-2011 01:55 PM

Bekause I'm klassie!
 
Quote:

Originally Posted by Sidd Finch (Post 452507)
Lighten up, Francis. You are proving Hank's point.

I was really just going for the sexual assault double entendre.

Greedy,Greedy,Greedy 05-06-2011 01:56 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Sidd Finch (Post 452509)
Is that actually real?
Holyshit.

I'm quite certain that is as real as anything else Fox reports on.

Cletus Miller 05-06-2011 02:00 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Gattigap (Post 452510)
It has popped up in a number of places around the Interwebs, including some respectable places like the Atlantic, but I kinda doubt it. Fox is dumb, but they're not that dumb.

They're dumb enough to "misspell" Obama as Osama, and peg *every* elected R with sex-related "issues" as a D, so that wouldn't shock me, completely.

Hank Chinaski 05-06-2011 02:27 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 452505)
Yeh, why won't they just accept the sexual assault and suck it up?

I hate it when rape victims make a scene.

this is another example of when GGG plays the dick. why don't you call him out on it like you do me? sidd? Ty?

is it because when I play the asshole I'll? like I"m osama and GGG is the shoe bomber?

Hank Chinaski 05-06-2011 02:28 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Sidd Finch (Post 452507)
Lighten up, Francis. You are proving Hank's point.

sorry stp. he's a dick but a limp one. don't worry. plus he has trouble understanding legal issues, so you have to give him some slack.

Greedy,Greedy,Greedy 05-06-2011 04:25 PM

Re: My God, you are an idiot.
 
So John Yoo is bummed we didn't get to torture bin Laden.

Forget the football, there are better things to spike!

Cletus Miller 05-06-2011 05:37 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 452528)
So John Yoo is bummed we didn't get to torture bin Laden.

Forget the football, there are better things to spike!

I heard somewhere that John Yoo is actually a Qaeda mole. Is that enough to have him rendered to Albania or Syria?

We are at war, you know, and people should be careful about what they say, as it may provide aid and comfort to the enemy--an act for which the Prez has unfettered power to indefinitely detain, without charges, an American citizen, under whatever conditions he may so prescribe.

Tyrone Slothrop 05-06-2011 05:37 PM

Who really needs a paramilitary organization to take a walk in the woods?
 
Boo, Girl Scouts.

Gattigap 05-06-2011 06:02 PM

Re: My God, you are an idiot.
 
Slate, anticipating pro-cat backlash, has assembled its slide show on Cats of War.

http://img.slate.com/media/1/123125/...araKittens.jpg


http://img.slate.com/media/1/123125/...uationRoom.jpg

Tyrone Slothrop 05-06-2011 06:03 PM

time to celebrate
 
http://s3.amazonaws.com/twitpic/phot...ezcvtzACxbY%3D

LessinSF 05-06-2011 07:24 PM

Re: Who really needs a paramilitary organization to take a walk in the woods?
 
Quote:

Originally Posted by Tyrone Slothrop (Post 452536)

"members of the Roundtable on Sustainable Palm Oil"

Can't I have just a little bit of peril?

Adder 05-06-2011 08:44 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Atticus Grinch (Post 452487)
I realize my posts are too long to read, but your summarization skills suck. My "client's interests" are for the policy he wants to be effectuated, if that is not illegal. So I've considered my client's interest. What you're talking about is talking him out of a policy I don't like.

It is an overreach of my role to tell an elected official that what he proposes to do is stupid, if the stupidity of what he/she is about to do has nothing to with its illegality and everything to do with what I think the policy should be.

If you spent five minutes advising an elected official AS HIS LAWYER you would likely reach the same conclusion, unless you wanted your career to end whenever his did.

You keep changing the subject to stick to your pint and avoid the question.

Again, this is a strategy question. Will seeking fees achieve the desired policy? I really don't believe that you don't know how to yell him that maybe it won't without getting recycled when he does. And I definitely don't see how it's unethical to yell him that.

Adder 05-06-2011 09:47 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Sidd Finch (Post 452497)
Wow -- Atticus is John Yoo.

Who yesterday was saying bin laden should have been captures alive.

Anyone doubt he would say the opposite if he had been?

Greedy,Greedy,Greedy 05-07-2011 03:04 PM

Re: My God, you are an idiot.
 
Beating a dead horse

LessinSF 05-07-2011 03:52 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 452546)

I would probably beat that horse.

Hank Chinaski 05-08-2011 08:33 AM

Re: My God, you are an idiot.
 
dammmmn

LessinSF 05-09-2011 01:38 PM

Re: My God, you are an idiot.
 
Penske now editor of The Jewish Week.

Cletus Miller 05-09-2011 01:54 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by LessinSF (Post 452569)

Nah, he would have inserted Elian. Or added horns.

Greedy,Greedy,Greedy 05-09-2011 04:49 PM

Re: My God, you are an idiot.
 
Busy News Day in Iran:

Ahmadinejad charges Khameni supporters with engaging in Sorcery
Iranian Intelligence Minister says Osama bin Laden Died of Disease Years Ago
Iran to reengage in Nuclear Talks

I note the intelligence minister is a former Bush administration official.

Penske 2.0 05-09-2011 05:10 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Cletus Miller (Post 452571)
Nah, he would have inserted Elian. Or added horns.

http://3.bp.blogspot.com/_Nzez5nQBx-...+and+elian.jpg

Oh, and Horns are redundant.

Greedy,Greedy,Greedy 05-09-2011 05:24 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Penske 2.0 (Post 452576)

But you could sympathize with the Hassidim who found her presence in the photograph highly sexualizing, right?

LessinSF 05-09-2011 05:54 PM

Re: My God, you are an idiot.
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 452575)
Busy News Day in Iran:

Ahmadinejad charges Khameni supporters with engaging in Sorcery
Iranian Intelligence Minister says Osama bin Laden Died of Disease Years Ago
Iran to reengage in Nuclear Talks

I note the intelligence minister is a former Bush administration official.

I read the third line to be "renege" in Nuclear Talks. Same difference, though.

Tyrone Slothrop 05-09-2011 06:13 PM

Re: My God, you are an idiot.
 
http://www.washingtonpost.com/rf/ima...EeCkCHJLnYQLog


All times are GMT -4. The time now is 08:49 PM.

Powered by: vBulletin, Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
Hosted By: URLJet.com