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Discussion Starter #1
I was watching TV today and have a question... ;)

Just curious. Don't they swear to uphold the law yadda yadda yadda.

In the REAL world, if a lawyer is making threats in writing such as:

"That was a BIG mistake"
"You Better XXX or else... I am serious."
"the actions I think seem necessary may differ from what others seem necessary, but as long as they are "LEGAL", you shouldn't mind how or what I do it right?"

More or less using "the law" as their weapon of terror. Is that legal for a person of their status? My guess is yes, if it is within a case. But what if it is not within a case and brought on for no intents and/or purposes besides to intimidate others?

Again, just curious how that stuff works.

Dave
 

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I was watching TV today and have a question... ;)

Just curious. Don't they swear to uphold the law yadda yadda yadda.

In the REAL world, ...
Dave
Your question has many parts and each one would take a long response. Rather than answering each one, I'll just say situations involving lawyers depicted on tv, movies, and I guess, plays, are so far from realistic that they're painful to watch. Most lawyers don't engage improperly even 1/100 as much as the fictional lawyers do. There are exceptions, such as Joel Steinberg.

There are some good movies and good tv shows which are more accurate. Perry Mason was pretty good, except the real perpetrator confessing on the witness stand, which happens in every episode, happens once in a blue moon in real life. "The Jagged Edge" and "The Verdict" include so many unethical and stupid moves that a lawyer who did that kind of thing would have been thrown out of law school in a week. A lawyer on a case being in cahoots with a juror? A lawyer falling in love with her client to the detriment of her representation? Any real lawyer who felt anything for a client and saw that it might affect her professional judgment would get off the case in five minutes. Getting an offer from the adversary and rejecting it outright without telling the client? Get real.

So I think the examples you posed are totally off the wall.

I worked for a judge for 3 years and then in private practice for another twenty. The WORST I saw was a lawyer, R.K. who had an arrangement with a police officer. When the cop arrested someone and they wanted a lawyer, he would give R.K.'s name and R.K. would give the cop $50. Payoffs are illegal. R.K. copped a plea to a misdemeanor and was suspended for a year. So the examples you give are hundreds of times worse.

I wonder about "Twelve Angry Men" and that Katherine Hepburn/Spencer Tracy movie. They might be more realistic.
 

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Discussion Starter #5
OK, OK, you got me, it wasn't on TV, it happened to me.

This particular asshat was someone I know. ;)

He threatened me and my wife because he found out there were photos that contained him, his wife, and his daughter on my wife's facebook page... oh yeah, they were our wedding photos.

I had her take them down immediately, because I agree, if you don't want to be on the web, you have the right to ask to be removed. HOWEVER, I also know that ones rights are limited when you are in a public place and there happen to be known photographers AND you are in the wedding party. Geeze! But I still feel that it is easier, and kinder to pull them in order to keep things good. By the way, my wife's profile is set to private and he gained access only by sneaking onto his sister-in-laws page to check things out (he went off on her too, really bad I hear).

I told him I agreed with him, but I also told him he needs to work on his delivery...

Yadda Yadda Yadda... 3 more threatening e-mails containing the lines mentioned above (and more) and here we are now.

I don't want ill happenings to him, but I would rather him than me if you know what I mean. So if he has some wicked thing up his sleeve, where he plans to do damage to me or my wife in any way, even if "legal", I want some ammo where I can hopefully get him to back off. And again, I am not worried about the photos, I am worried he will do something else.

Ha, I could totally see the "Pearson vs. Chung" thing happening to him! When some people get a little bit of knowledge they turn into bullies. When the bully comes out, people actually tend to not deal with you any longer. The funny thing is those types of people are never alone. For some reason, others are always attracted to people like that. It is very strange.

Thanks.
 
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