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EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
You can probably still contact the electric company. They’ll either take the money and inform the collector or refer you to the collector to pay.

If this just happened, then your debt likely hasn’t been sold yet, it’s just been placed for collections. Early cycle collectable debts aren’t usually sold

Did your old utility bills come in the right name? If so, it was probably transferred/inputted by collector wrong, basically a typo, and likely does not make the debt uncollectable. If they are reporting on your credit score then they know your correct name

are they reporting it on your credit report already

EwokEntourage fucked around with this message at 20:38 on Jul 10, 2018

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Gin_Rummy
Aug 4, 2007

A 50S RAYGUN posted:

i mean, you owe a debt that a collection agency now has. i think you're past the point of working something out with the electric company because they've sold your debt.

if you owe the debt, and know you owe the debt, what's the problem here?

I just know debt collectors are a huge pain to work with and I have heard stories of original creditors recalling the debt and allowing the debtor to pay it directly. I really don’t have an issue paying it, i just wanted to make sure i exhausted all my resources trying the path of (likely) least resistance before diving in with the collection agency and negotiating to ensure I get a pay for delete applied and all of that business. Just trying to protect my credit score.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Have you called the electric company?

Gin_Rummy
Aug 4, 2007

Mr. Nice! posted:

Have you called the electric company?

Yeah, the girl was useless outside of providing the phone number for the collection agency I already have. She said I have to speak to them directly, but I’m sure I could try again and elevate it a bit? I was thinking of doing an email outlining my good payment record and asking them to recall the debt and allow me a chance to pay it now that I know it’s actually a thing, but I’m sure it wouldn’t do much.

EwokEntourage posted:

You can probably still contact the electric company. They’ll either take the money and inform the collector or refer you to the collector to pay.

If this just happened, then your debt likely hasn’t been sold yet, it’s just been placed for collections. Early cycle collectable debts aren’t usually sold

Did your old utility bills come in the right name? If so, it was probably transferred/inputted by collector wrong, basically a typo, and likely does not make the debt uncollectable. If they are reporting on your credit score then they know your correct name

are they reporting it on your credit report already

The last bill was in May, but the thing I got yesterday (dated 7/3) was from the collection agency. They are not reporting it on my credit yet, at least per Credit Karma.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
If you pay it before they report it, then they most likely won’t report it and it’ll have no effect on your credit score

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
S E N D L E T T E R

Gin_Rummy
Aug 4, 2007

EwokEntourage posted:

If you pay it before they report it, then they most likely won’t report it and it’ll have no effect on your credit score

That’s certainly a possibility, but isn’t it equally as likely that they still report it after the fact when I can’t negotiate a pay for delete?

Gin_Rummy
Aug 4, 2007

blarzgh posted:

S E N D L E T T E R

I absolutely intend to do this if nothing can be done through the electric company.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

Gin_Rummy posted:

That’s certainly a possibility, but isn’t it equally as likely that they still report it after the fact when I can’t negotiate a pay for delete?

Why would they? You have to pay each time you report a debt, it makes you have to respond to debt validations that a person can easily spam thru credit karma which the costs you money, and it opens you up to potential fcra lawsuits. There’s no reason for the collector to have anything to do with you after you pay the debt

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Gin_Rummy posted:

That’s certainly a possibility, but isn’t it equally as likely that they still report it after the fact when I can’t negotiate a pay for delete?
Is your plan here to wait for them to report this so you can negotiate a pay-for-delete, instead of just paying it so that it doesn't get reported at all? :psyduck:

Gin_Rummy
Aug 4, 2007
Haha of course not! I’ve just never been in this situation and I don’t know how collection agencies work. For all I know, they are required to report it regardless of when it’s paid. It seems like that isn’t the case though, so it sounds like it wouldn’t be all that difficult to call them and ask them to send something in the mail verifying that upon payment they won’t report to the agencies and/or initiate a pay for delete?

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

Gin_Rummy posted:

Haha of course not! I’ve just never been in this situation and I don’t know how collection agencies work. For all I know, they are required to report it regardless of when it’s paid. It seems like that isn’t the case though, so it sounds like it wouldn’t be all that difficult to call them and ask them to send something in the mail verifying that upon payment they won’t report to the agencies and/or initiate a pay for delete?

They’re not required to report anything. They report it as an incentive for you to pay.

Also you should probably google what a pay for delete is, you seem to be misunderstanding it. A pay for delete is when the debt is already reported, and you offer to pay the debt in return for them removing it from your credit report. It’s not extra money you pay on top - https://www.creditcards.com/credit-card-news/pay-for-delete-shady-credit-report-cleanup-1264.php

Gin_Rummy
Aug 4, 2007

EwokEntourage posted:

They’re not required to report anything. They report it as an incentive for you to pay.

Also you should probably google what a pay for delete is, you seem to be misunderstanding it. A pay for delete is when the debt is already reported, and you offer to pay the debt in return for them removing it from your credit report. It’s not extra money you pay on top

See, I didn’t know that. My assumption was that debt in collections = automatic report to the credit agencies. Having that knowledge really makes this simpler. I’ll just call them after work.

And no, I get what a pay delete is. I just want to make sure that I have it documented in some form that if I pay them tonight or tomorrow or whatever, they’ll skip reporting the debt or, if already reported, initiate a pay for delete on that account. I know they won’t have incentive to do it, but I just want to be safe.

Gin_Rummy fucked around with this message at 21:38 on Jul 10, 2018

mercenarynuker
Sep 10, 2008

A couple more esoteric legal theory questions for the thread instead of people not paying bills questions.

So a month or so ago, an immigrant in France rescued a kid off the side of the building. In the aftermath, President Macron presented him with presumably their version of a green card. Is something like that doable in the American system, or would any given instance require an act of Congress or something?

Second, something in my Facebook feed posited the idea of "what if native tribal nations used their sovereignty to shield/'adopt' DACA recipients to prevent deportation?" Broadly speaking, and disregarding whether any specific tribe would even want to head down that road, is that even possible? I mean, you can expand it to immigrants more broadly than just DACA, too, I guess. Once the hypothetical immigrant step foot off the reservation, I assume they would be subject to the full force of ICE? Or would citizenship in a tribe grant you some kind of de facto US citizenship/residency/protection from prosecution?

xxEightxx
Mar 5, 2010

Oh, it's true. You are Brock Landers!
Salad Prong

Mr. Nice! posted:

Have you called the electric company?

Typically once the debt is sold to a collection agency the original party has no ability to affect the collection or amount at that point.

You’ll want to ask the collection agency for all paperwork that was sent to you and offer to pay if there is no reporting or any reporting is not challenged if there is a dispute.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

mercenarynuker posted:

A couple more esoteric legal theory questions for the thread instead of people not paying bills questions.

So a month or so ago, an immigrant in France rescued a kid off the side of the building. In the aftermath, President Macron presented him with presumably their version of a green card. Is something like that doable in the American system, or would any given instance require an act of Congress or something?

Second, something in my Facebook feed posited the idea of "what if native tribal nations used their sovereignty to shield/'adopt' DACA recipients to prevent deportation?" Broadly speaking, and disregarding whether any specific tribe would even want to head down that road, is that even possible? I mean, you can expand it to immigrants more broadly than just DACA, too, I guess. Once the hypothetical immigrant step foot off the reservation, I assume they would be subject to the full force of ICE? Or would citizenship in a tribe grant you some kind of de facto US citizenship/residency/protection from prosecution?

Congress has the power to bestow citizenship, not the President

Indian Tribe membership rules all require some measure of Indian blood. Even if they could expand those rules, they wouldn't because it would dilute the aid/income of the tribe. Tribal membership bestows US membership for those born in the territorial limits of the US. The Federal government has jurisdiction over federal crimes (including violations of immigration law) on Indian land.

Gin_Rummy
Aug 4, 2007

xxEightxx posted:

Typically once the debt is sold to a collection agency the original party has no ability to affect the collection or amount at that point.

You’ll want to ask the collection agency for all paperwork that was sent to you and offer to pay if there is no reporting or any reporting is not challenged if there is a dispute.

Well apparently Mr. Nice!’s solution was the one! I spoke to one person earlier today who said it was out of their hands, but when I tried again just now the electric company processed the payment and notified the collection agency the debt was settled. They told me it would not reflect on my credit report, so I think I’m all set. Thanks for letting me bog your thread down, guys!

Javid
Oct 21, 2004

:jpmf:

mercenarynuker posted:

A couple more esoteric legal theory questions for the thread instead of people not paying bills questions.

So a month or so ago, an immigrant in France rescued a kid off the side of the building. In the aftermath, President Macron presented him with presumably their version of a green card. Is something like that doable in the American system, or would any given instance require an act of Congress or something?


It requires an act of Congress, but it's not a big a deal as it might sound. They can just pass a bill that amounts to "Achmed McSteve is granted legal resident status" and it's done. Stuff like that that only affects one person doesn't get a lot of debate or coverage. I'm on my phone or I'd go digging for examples but that exact thing has happened and isn't even rare.

Stringent
Dec 22, 2004


image text goes here

Javid posted:

It requires an act of Congress, but it's not a big a deal as it might sound. They can just pass a bill that amounts to "Achmed McSteve is granted legal resident status" and it's done. Stuff like that that only affects one person doesn't get a lot of debate or coverage. I'm on my phone or I'd go digging for examples but that exact thing has happened and isn't even rare.

It was in the Godfather. They got Enzo the baker's assistant his citizenship that way.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Javid posted:

It requires an act of Congress, but it's not a big a deal as it might sound. They can just pass a bill that amounts to "Achmed McSteve is granted legal resident status" and it's done. Stuff like that that only affects one person doesn't get a lot of debate or coverage. I'm on my phone or I'd go digging for examples but that exact thing has happened and isn't even rare.

Here's one from 2012:

quote:

(a) In General.--Notwithstanding any other provision of law, for the purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), Sopuruchi Chukwueke shall be deemed to have been lawfully admitted to, and remained in, the United States, and shall be eligible for adjustment of status to that of an alien lawfully admitted for permanent residence under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) upon filing an application for such adjustment of status.
https://www.congress.gov/bill/112th-congress/senate-bill/285/text

And related news article: https://www.usatoday.com/story/news/nation/2012/12/19/nigerian-closer-to-medical-school-dream/1779273/

mastershakeman
Oct 28, 2008

by vyelkin

Javid posted:

It requires an act of Congress, but it's not a big a deal as it might sound. They can just pass a bill that amounts to "Achmed McSteve is granted legal resident status" and it's done. Stuff like that that only affects one person doesn't get a lot of debate or coverage. I'm on my phone or I'd go digging for examples but that exact thing has happened and isn't even rare.

One of the first symbolic daca people got durbin to do this after she won a piano competition in Chicago. Just passed a law saying she's a citizen. No one noticed or cared

BgRdMchne
Oct 31, 2011

Indiana. A bar I frequent has started charging a credit card surcharge on alcoholic beverages.

Am I wrong in thinking that this policy violates the following and that the owners are committing a misdemeanor?:

IC 7.1-5-5-7
Discrimination in sales prohibited; exception; special discounts for
certain products
Sec. 7. (a) It is unlawful for a permittee in a sale or contract to sell
alcoholic beverages to discriminate between purchasers by granting
a price, discount, allowance, or service charge which is not available
to all purchasers at the same time. However, this section does not
authorize or require a permittee to sell to a person to whom the
permittee is not authorized to sell under this title.

This is excise's interpretation of the statute:
It is unlawful for a permittee to discriminate between purchasers by granting a price discount, allowance, or service charge (a cover charge is not included in this) which is not available to all. For example, "drinks half-price to females", or "prices reduced between 5:00PM and 7:00PM." (IC 7.1-5-5-7 & IC 7.1-5-10-20)

e:
poking around caselaw, it looks like it might be legal:

Lake Cty. Beverage Co. v. 21ST AMENDMENT, 441 NE 2d 1008

We remain unpersuaded that IC 7.1-5-5-7 must be interpreted to require functional availability among all purchasers. The argument that not all purchasers can afford to purchase larger quantities does not support an argument of discrimination. The discount is available to the small quantity purchaser, but such purchaser lacks the economic resources to take advantage of the discount. A requirement of functional availability invites this court to discriminate against those purchasers with sufficient economic resources to buy the larger quantities, thus, prohibiting greater discounts.[4]

BgRdMchne fucked around with this message at 02:54 on Jul 13, 2018

A 50S RAYGUN
Aug 22, 2011
what about what you said made it seem like it was illegal? ianal but the words in the law didn't say service charges were illegal, just that they had to apply unilaterally.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Indiana does not appear to have any laws restricting adding extra credit card fees or charging cash customers a lower fee from a quick googling, and federal law allows it as well.

http://www.ncsl.org/research/financial-services-and-commerce/credit-or-debit-card-surcharges-statutes.aspx

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."
That just says you can't have a cash discount for white folks only.

Zauper
Aug 21, 2008


nm posted:

That just says you can't have a cash discount for white folks only.

Though their credit card processing agreements do have something to say about it.

That they can't.

(With some exceptions, but a bar won't hit those)

Edit: this has changed recentlyish and is no longer in the agreement. If you pay via Visa debit they can't surcharge you, but they can on credit. Up to 4%

Zauper fucked around with this message at 05:37 on Jul 13, 2018

Ein cooler Typ
Nov 26, 2013

by FactsAreUseless
Can I be legally asked to leave public parks? I have been going to women's softball games for the last few months. These are at public parks. Last night I was sitting in the bleachers and one of the coaches came over and asked me who I was there to see. I said "I just love softball" he asked me to leave and not come back. Is this legal? it was in public.

A 50S RAYGUN
Aug 22, 2011
i don't think it's illegal to simply ask someone to leave a place. at the very least, it doesn't seem like it should be.

also without context you seem very creepy.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

A 50S RAYGUN posted:

also without context you seem very creepytrolly.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
LOL

Alchenar
Apr 9, 2008

Are the women in this scenario all 12-14 years old?

Skunkduster
Jul 15, 2005




Say you are a defense attorney defending a bank robber. The bank robber informs you that he is paying you with the money he robbed from the bank. How do you handle that?

baquerd
Jul 2, 2007

by FactsAreUseless

SkunkDuster posted:

Say you are a defense attorney defending a bank robber. The bank robber informs you that he is paying you with the money he robbed from the bank. How do you handle that?

A number of plausibly deniable shell corporations. Or casinos. Wherever you prefer to launder your money.

GamingHyena
Jul 25, 2003

Devil's Advocate

SkunkDuster posted:

Say you are a defense attorney defending a bank robber. The bank robber informs you that he is paying you with the money he robbed from the bank. How do you handle that?

An attorney cannot knowingly receive funds derived from an illegal source as that would be money laundering. For example, I'll cite to the Texas money laundering statute:

Texas Penal Code 34.02 - Money Laundering posted:

(a) A person commits an offense if the person knowingly:

(1) acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity;

(2) conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity;

(3) invests, expends, or receives, or offers to invest, expend, or receive, the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or

(4) finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity.

(a-1) Knowledge of the specific nature of the criminal activity giving rise to the proceeds is not required to establish a culpable mental state under this section.

(b) For purposes of this section, a person is presumed to believe that funds are the proceeds of or are intended to further the commission of criminal activity if a peace officer or a person acting at the direction of a peace officer represents to the person that the funds are proceeds of or are intended to further the commission of criminal activity, as applicable, regardless of whether the peace officer or person acting at the peace officer's direction discloses the person's status as a peace officer or that the person is acting at the direction of a peace officer.

(c) It is a defense to prosecution under this section that the person acted with intent to facilitate the lawful seizure, forfeiture, or disposition of funds or other legitimate law enforcement purpose pursuant to the laws of this state or the United States.

(d) It is a defense to prosecution under this section that the transaction was necessary to preserve a person's right to representation as guaranteed by the Sixth Amendment of the United States Constitution and by Article 1, Section 10, of the Texas Constitution or that the funds were received as bona fide legal fees by a licensed attorney and at the time of their receipt, the attorney did not have actual knowledge that the funds were derived from criminal activity.

As you can see, it turns on the attorney's knowledge of the funds' source. Generally, most attorneys will not ask where their retainer is coming from and very few clients will explicitly tell their lawyer they're being paid in dirty money. If that were to happen, the proper course of action would be to decline the funds and either decline to represent the person or try to get paid through money the attorney does not know is illegal. If the attorney were to knowingly accept funds derived from criminal activity then the attorney risks the government clawing that money back and potentially being charged themselves.

A 50S RAYGUN posted:

i don't think it's illegal to simply ask someone to leave a place. at the very least, it doesn't seem like it should be.

also without context you seem very creepy.

:same:

GamingHyena fucked around with this message at 23:59 on Jul 13, 2018

Jeb Bush 2012
Apr 4, 2007

A mathematician, like a painter or poet, is a maker of patterns. If his patterns are more permanent than theirs, it is because they are made with ideas.

quote:

(b) For purposes of this section, a person is presumed to believe that funds are the proceeds of or are intended to further the commission of criminal activity if a peace officer or a person acting at the direction of a peace officer represents to the person that the funds are proceeds of or are intended to further the commission of criminal activity, as applicable, regardless of whether the peace officer or person acting at the peace officer's direction discloses the person's status as a peace officer or that the person is acting at the direction of a peace officer.
Is this as strange as it sounds? If I go up to someone and say "hey, your boss is paying you with drug money", are they expected to quit on the spot in case a cop told me to say that?

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
They should probably look into it. They would probably just stop taking payment until they feel they are ethically safe (no one cries tears for lawyers that don’t get paid)

For as many jokes as there are about unethical lawyers, the profession as a whole has more ethical requirements then most

fool of sound
Oct 10, 2012
Also IIRC a lawyer can get in trouble if they let a client that has admitted guilt to them go on stand and profess innocence,

GamingHyena
Jul 25, 2003

Devil's Advocate

fool_of_sound posted:

Also IIRC a lawyer can get in trouble if they let a client that has admitted guilt to them go on stand and profess innocence,

Maybe. Generally, an attorney is prohibited from putting on a witness who they know is going to perjure themselves. Simply telling an inconsistent story, in and of itself, is not perjury. After all, there are several reasons a client could have lied to the attorney and told the truth on the stand (had mental health issues / memory problems, was covering to protect the guilty party, wanted to work out a plea bargain to avoid prison and knew they would have to say they are guilty, client's actual alibi is embarrassing or implicates him in a more serious crime, etc.). Usually, the only times you run into this situation is when a defendant explicitly tells their lawyer they are going to lie on the stand. What the lawyer does next depends on their state's codes of professional responsibility. Again, I'll use the Texas Rules of Professional Conduct as an example:

quote:

Whether an advocate for a criminally accused has the same duty of disclosure has been intensely debated. While it is agreed that in such cases, as in others, the lawyer should seek to persuade the client to refrain from suborning or offering perjurious testimony or other false evidence, there has been dispute concerning the lawyer's duty when that persuasion fails. If the confrontation with the client occurs before trial, the lawyer ordinarily can withdraw. Withdrawal before trial may not be possible, however, either because trial is imminent, or because the confrontation with the client does not take place until the trial itself, or because no other counsel is available.

10. The proper resolution of the lawyer's dilemma in criminal cases is complicated by two considerations. The first is the substantial penalties that a criminal accused will face upon conviction, and the lawyer's resulting reluctance to impair any defenses the accused wishes to offer on his own behalf having any possible basis in fact. The second is the right of a defendant to take the stand should he so desire, even over the objections of the lawyer. Consequently, in any criminal case where the accused either insists on testifying when the lawyer knows that the testimony is perjurious or else surprises the lawyer with such testimony at trial, the lawyer's effort to rectify the situation can increase the likelihood of the client's being convicted as well as opening the possibility of a prosecution for perjury. On the other hand, if the lawyer does not exercise control over the proof, the lawyer participates, although in a merely passive way, in deception of the court.

11. Three resolutions of this dilemma have been proposed. One is to permit the accused to testify by a narrative without guidance through the lawyer's questioning. This compromises both contending principles; it exempts the lawyer from the duty to disclose false evidence but subjects the client to an implicit disclosure of information imparted to counsel. Another suggested resolution is that the advocate be entirely excused from the duty to reveal perjury if the perjury is that of the client. This solution, however, makes the advocate a knowing instrument of perjury.

12. The other resolution of the dilemma, and the one this Rule adopts, is that the lawyer must take reasonable remedial measure which may include revealing the client's perjury. A criminal accused has a right to the assistance of an advocate, a right to testify and a right of confidential communication with counsel. However, an accused should not have a right to assistance of counsel in committing perjury. Furthermore, an advocate has an obligation, not only in professional ethics but under the law as well, to avoid implication in the commission of perjury or other falsification of evidence.

Basically, if the guy says "I'm going to lie on the stand" then you need to tell him "don't do that and if you do then I'm required to tell the court." If the client still insists and it's before trial (or even in the middle of trial - this actually happened to a friend of mine once) then the attorney needs to try and withdraw from the case. Of course, the judge may not let the attorney off the case especially if it's during trial. If he still wants to get up and lie you have to tell the court.

It's important to note that we're only talking about a defendant committing perjury by testifying on the stand. Entering a plea of not guilty, even if you're super guilty, is not perjury and doesn't apply here. A plea of not guilty is not the same as saying you're innocent. It merely says a defendant wants the government to prove their case beyond a reasonable doubt. And everyone accused of a crime has the right to hold the government to their burden of proof no matter whether they committed the crime or not.

GamingHyena fucked around with this message at 05:36 on Jul 14, 2018

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Ein cooler Typ posted:

Can I be legally asked to leave public parks? I have been going to women's softball games for the last few months. These are at public parks. Last night I was sitting in the bleachers and one of the coaches came over and asked me who I was there to see. I said "I just love softball" he asked me to leave and not come back. Is this legal? it was in public.

For posterity

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Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Is it unethical for a lawyer who knows his client is innocent to allow the client to plead guilty and, in doing so, be placed under oath and participate in a plea colloquy wherein he professes guilt? Isn’t that perjury?

Lol

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