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How NOT to practice law.

Stax

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View this one first:
Then:
 

odoreater

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I watched that the other day and thought it was pretty hilarious. I'm surprised that the judge was that nice to him actually. I know a lot of judges that would have tore him a new one.
 

lawyerdad

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Yeah, what was that guy thinking? Never agree to let them use the breathalyzer on you!
 

Stazy

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Originally Posted by lawyerdad
Yeah, what was that guy thinking? Never agree to let them use the breathalyzer on you!

How about never show up to court drunk. What a loser, he needs help...
 

lawyerdad

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Originally Posted by Stazy
How about never show up to court drunk.
I suppose that's another approach . . .
 

lawyerdad

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Originally Posted by odoreater
I watched that the other day and thought it was pretty hilarious. I'm surprised that the judge was that nice to him actually. I know a lot of judges that would have tore him a new one.
True, but she may in fact have been killing him with kindness. As she noted in her comments, the judge made a pretty thorough record that undoubtedly will be devastating in the eventual disciplinary proceedings. A judge who was quick to tear him a new one might, in fact, have ended up short-circuiting that process and/or gotten less cooperation from this doofus in sealing his own fate. Without doubting the sincerity of the judge's comments about wanting to help him, I think that it probably would have been more helpful to him to just tell him she was going to continue the trial or declare a mistrial or whatever and tell him to shut up. Letting him entangle himself further in lies and convincing him to take a breathalyzer test, however pleasantly and calmly she did it, is actually pretty devastating. (Which is to say, I admire how deftly she fed him the rope with which he hung himself.)
 

Nonk

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US Law query.

What authority did the Police Officer have to administer the PBT?

Was it for his admission of driving?
 

lawyerdad

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Originally Posted by Nonk
US Law query.

What authority did the Police Officer have to administer the PBT?

Was it for his admission of driving?

Off the top of my head, I'd say that might be a bit of a sticky wicket. A police officer can always administer such a test to someone who consents to it. But the judge ordered Dipshit, Esq. to take the test, so it's not really a question of the officer's authority so much as the judge's. If there were an attempt to prosecute the lawyer, that could raise not only 5th Amendment issues but possibly separation of powers issues. But I suspect she was more concerned about making a record to support her finding of a mistrial and/or an order removing the attorney from the case, and perhaps for use in a disbarment or disciplinary proceeding, than with gathering admissible evidence for a possible criminal case.
 

Master Shake

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Originally Posted by lawyerdad
True, but she may in fact have been killing him with kindness. As she noted in her comments, the judge made a pretty thorough record that undoubtedly will be devastating in the eventual disciplinary proceedings. A judge who was quick to tear him a new one might, in fact, have ended up short-circuiting that process and/or gotten less cooperation from this doofus in sealing his own fate. Without doubting the sincerity of the judge's comments about wanting to help him, I think that it probably would have been more helpful to him to just tell him she was going to continue the trial or declare a mistrial or whatever and tell him to shut up. Letting him entangle himself further in lies and convincing him to take a breathalyzer test, however pleasantly and calmly she did it, is actually pretty devastating. (Which is to say, I admire how deftly she fed him the rope with which he hung himself.)
Good point. This guy clearly needs help, however, and he is doing his clients no good by showing up drunk. Of course, his behavior demonstrates a disregard for his clients' rights to effective assistance of counsel and cannot be tolerated by any judge. If I were the judge, I'm not sure I would have stretched it out as much as this one did, or make him take the breathalyzer, but I would have enquired about it and then reported him to the character committee.

Also, what the hell does it mean to be philosophically opposed to dialing 911?
 

imageWIS

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Originally Posted by Master Shake
Good point. This guy clearly needs help, however, and he is doing his clients no good by showing up drunk. Of course, his behavior demonstrates a disregard for his clients' rights to effective assistance of counsel and cannot be tolerated by any judge. If I were the judge, I'm not sure I would have stretched it out as much as this one did, or make him take the breathalyzer, but I would have enquired about it and then reported him to the character committee.

Also, what the hell does it mean to be philosophically opposed to dialing 911?


Well, if you were drunk and late to court and completely unprepared for a kidnapping case in which your client could get life, wouldn't you be philosophically opposed to dialing 911?

Jon.
 

Stax

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Originally Posted by imageWIS
Well, if you were drunk and late to court and completely unprepared for a kidnapping case in which your client could get life, wouldn't you be philosophically opposed to dialing 911?

Jon.


yeah, but he's tried 67 cases.
 

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