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mastershakeman
Oct 28, 2008

by vyelkin
Cohen is so amazing

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Hoshi
Jan 20, 2013

:wrongcity:
Curious AR - all other things being the same, what do you think would be the right way to investigate Cohen and Trump's practices as opposed to seizing everything?

There's probably no good answer but the right one definitely isn't "lawyers should be able to do anything for their clients in any circumstance ever" and the profession clearly can't regulate itself well (though I think that's from external forces)

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



ActusRhesus posted:

High five, WESTPAC sailor! Palau, Hawaii, Saipan, Hong Kong, Beijing, South Korea (and looked at North Korea) and pretty much all of Japan.

Also. Thoughts on this?

https://www.google.com/amp/s/www.nytimes.com/2018/07/20/us/politics/michael-cohen-trump-tape.amp.html

Trump is a poo poo head. But I’m really uncomfortable both with a raid on a lawyer’s office and a lawyer secretly recording a client. I feel like that will get overlooked because trump is such a douche nozzle that “eh. He deserved it”. Which is... terrifying.

Trump knew cohen was recording him because everyone in trump’s circle knew cohen recorded everything all the time. There’s anecdotes about people trying to always catch him in the hall to make sure he didn’t record everything they say.


And yeah lots of westpac port calls were amazing!

Vox Nihili
May 28, 2008

blarzgh posted:

Since this is a thing now

6:45 - wake up, get ready

7:15 - leave for work/7:45 -get to work

Most common work schedule
7:45 - get to work, start answering emails, making to-do lists, checking voicemails, dicking around

~9:30 - start work on any bigger, non-.25 matters

Hour for lunch, do whatever that afternoon needs to be done.

~5:15 leave work/Home around 6:00

Play with kid/chores, clean, dinner at 7:00, kid goes to bed.

On work out days, I go from 7:30-8:30, then I shower and Xbox/Watch Baseball/Read/gently caress around with projects until 12:30/1:00 then go to bed.

Thank you for posting a schedule that doesn't include a net 18+ hours of working out + working every day.

Hoshi
Jan 20, 2013

:wrongcity:

Vox Nihili posted:

Thank you for posting a schedule that doesn't include a net 18+ hours of working out + working every day.

To be clear, this is a losers schedule not a biglaw big dog schedule right

Tipps
Apr 18, 2006


party in the front

business in the back

Vox Nihili posted:

Thank you for posting a schedule that doesn't include a net 18+ hours of working out + working every day.

Moving to the Arctic and having nothing to do except lift weights and work a strict 7.5h day has put me in the best shape of my life. I am strong like polar bear now. :unsmith:

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
I guess I’d need to see the warrant. Obviously privilege doesn’t cover assistance in ongoing crimes. And I know it’s not the first time this has happened by a long shot. It just leaves a bad taste in my mouth.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
If you start to throw out A/C privilege for the people you don't like, you also throw out the reasons to keep it for the people you do.

The problem isn't with the fact that it was seized, the problem is that we know what it was despite the Court not determining whether or not its privileged yet, if that is in fact the case.

mastershakeman
Oct 28, 2008

by vyelkin

Vox Nihili posted:

Thank you for posting a schedule that doesn't include a net 18+ hours of working out + working every day.

He's doing lots of house work and kid care, how dare you imply that isn't working

Hoshi
Jan 20, 2013

:wrongcity:

ActusRhesus posted:

I guess I’d need to see the warrant. Obviously privilege doesn’t cover assistance in ongoing crimes. And I know it’s not the first time this has happened by a long shot. It just leaves a bad taste in my mouth.

Yeah I agree with the larger sentiment that we need to be careful because it could be used as precedent to strip people's due process rights. I'd be a lot more concerned if it started happening to vulnerable populations even a little but I haven't seen evidence of that.

Hoshi
Jan 20, 2013

:wrongcity:

blarzgh posted:

If you start to throw out A/C privilege for the people you don't like, you also throw out the reasons to keep it for the people you do.

The problem isn't with the fact that it was seized, the problem is that we know what it was despite the Court not determining whether or not its privileged yet, if that is in fact the case.

I didn't think about this nuance

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



blarzgh posted:

If you start to throw out A/C privilege for the people you don't like, you also throw out the reasons to keep it for the people you do.

The problem isn't with the fact that it was seized, the problem is that we know what it was despite the Court not determining whether or not its privileged yet, if that is in fact the case.

In the case at bar, so little of the seized material is actually privileged to really matter. Michael Cohen didn’t actually represent anyone as an attorney except to pay off people for Trump and to launder money for Sean Hannity.

Mr. Nice! fucked around with this message at 18:38 on Jul 20, 2018

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

blarzgh posted:

If you start to throw out A/C privilege for the people you don't like, you also throw out the reasons to keep it for the people you do.

The problem isn't with the fact that it was seized, the problem is that we know what it was despite the Court not determining whether or not its privileged yet, if that is in fact the case.

That is almost certainly because Trump and Cohen are big-mouthed morons, not because the court or parties involved are blabbing.

I bet you almost all my money that Cohen told a "buddy" that "I've got tons of poo poo on Trump, stuff you wouldn't believe." and that "buddy" told the news. The news then tried to confirm and wouldn't you know it, more people had been told. Replace Cohen for Trump and it's the same thing.

This is an inside look at the landed aristocracy in our country. Surprise surprise, a lot of them are dumb as poo poo.

There's also the possibility that Cohen or his people are intentionally leaking this stuff to scare Trump.

Mr. Nice! posted:

In the case at bar, so little of the seized material is actually privileged. Michael Cohen didn’t actually represent anyone as an attorney except to pay off people for Trump and to launder money for Sean Hannity.

Also this.

Pook Good Mook fucked around with this message at 18:37 on Jul 20, 2018

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
The Cohen tape being news today makes me suspect Trump still pulls his strings because it’s advantage Trump to change the headlines from Trump Is Putin’s Fluffer. So I don’t really feel this is a sympathetic ACP case and we know about it because Trump wants us to know. If the warrants justified, then I don’t see it as cause for alarm.

Look Sir Droids fucked around with this message at 19:02 on Jul 20, 2018

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.
.

Discendo Vox fucked around with this message at 04:08 on Jul 13, 2021

yronic heroism
Oct 31, 2008

Pook Good Mook posted:

The perfect ending to this is Trump suing Cohen for malpractice.

And raids on lawyer's offices are nothing new at all and I'm OK with them provided there is adequate PC and warrant and they work to protect still-privileged material and use info that goes towards assisting unlawful behavior.

In the mob cases you knew the Feds were closing in on the bosses when they moved on the lawyers.

Yeah, this is a mob case in all but name. It’s not like public defenders are out there telling their clients to do more meth (and recording it). The other attorneys who I could see ending up in the same boat are the shittier white collar defense guys or maybe the more greedy/scammy DWI lawyers.

Yorkshire Pudding
Nov 24, 2006



Hi law thread. A friend of mine just got accepted to Charleston School of Law and is planning to go. My suspicion is that this is not a good decision. Thoughts?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
I don't care if this one is justified, or if there are technicalities, or if 'it doesn't really matter' or if someone blabbed. A slow creep is still movement in the wrong direction of both legal precedent, and social tolerance.

loving Patriot Act, anyone?

Hoshi
Jan 20, 2013

:wrongcity:

Yorkshire Pudding posted:

Hi law thread. A friend of mine just got accepted to Charleston School of Law and is planning to go. My suspicion is that this is not a good decision. Thoughts?

Let's start a fund to buy accounts for goons friends who go to law school

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



That’s a “ranking not posted” school on the US news list. So basically, good luck.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.

Yorkshire Pudding posted:

Hi law thread. A friend of mine just got accepted to Charleston School of Law and is planning to go. My suspicion is that this is not a good decision. Thoughts?

Tell him to move to Charleston but not go to law school there.

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

Yorkshire Pudding posted:

Hi law thread. A friend of mine just got accepted to Charleston School of Law and is planning to go. My suspicion is that this is not a good decision. Thoughts?

Their bar passage rate is less than 50%, their average starting salary (for the 60% (inflated) of graduates who have a job) is less than $50k, and they are trying to move their campus to a disused office park to cut down on costs.

Your suspicions are correct.

Hoshi
Jan 20, 2013

:wrongcity:

blarzgh posted:

I don't care if this one is justified, or if there are technicalities, or if 'it doesn't really matter' or if someone blabbed. A slow creep is still movement in the wrong direction of both legal precedent, and social tolerance.

loving Patriot Act, anyone?



Hoshi posted:

Curious AR - all other things being the same, what do you think would be the right way to investigate Cohen and Trump's practices as opposed to seizing everything?

I'd ask you the same question - what would the right direction look like? Again I think it's important to contemplate this and figure out how you can advocate for it within your profession because if you don't actually deal with it external forces will

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



You may have seen the acronym TTT. This stands for third tier toilet aka the law schools ranked above 100 on the us news list. Charleston is not even in those ranks.

disjoe
Feb 18, 2011


Yorkshire Pudding posted:

Hi law thread. A friend of mine just got accepted to Charleston School of Law and is planning to go. My suspicion is that this is not a good decision. Thoughts?

A hahahahahaha

Tell this friend to buy $200,000 worth of lottery tickets, the expected ROI is way higher

Vox Nihili
May 28, 2008

Yorkshire Pudding posted:

Hi law thread. A friend of mine just got accepted to Charleston School of Law and is planning to go. My suspicion is that this is not a good decision. Thoughts?

Please send your friend this link:

https://www.lstreports.com/schools/charleston/

Also, tell him to retake the LSAT. He can do better (literally anyone without diagnosable brain problems can do better than a ~150 if they do proper prep).

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

blarzgh posted:

I don't care if this one is justified, or if there are technicalities, or if 'it doesn't really matter' or if someone blabbed. A slow creep is still movement in the wrong direction of both legal precedent, and social tolerance.

loving Patriot Act, anyone?

This.

The comment “I’d be more concerned if....” is kinda disturbing. Constitution is the constitution. We shouldn’t care more or less depending on who is getting hosed. That thinking absolutely leads to creep in abridgment of the right. Same argument I had over the OMC. Yeah. They’re terrorist shitheads. But due process still applies.

Vox Nihili
May 28, 2008

ActusRhesus posted:

This.

The comment “I’d be more concerned if....” is kinda disturbing. Constitution is the constitution. We shouldn’t care more or less depending on who is getting hosed. That thinking absolutely leads to creep in abridgment of the right. Same argument I had over the OMC. Yeah. They’re terrorist shitheads. But due process still applies.

Is there any actual evidence that due process or other rights were violated? It's not like they went in without a warrant. I expect that they had to present ample evidence of Cohen's criminal/fraudulent activity to get the warrant for the raid approved (and seek evidence under the crime/fraud exception to attorney-client privilege).

Kalman
Jan 17, 2010

ActusRhesus posted:

This.

The comment “I’d be more concerned if....” is kinda disturbing. Constitution is the constitution. We shouldn’t care more or less depending on who is getting hosed. That thinking absolutely leads to creep in abridgment of the right. Same argument I had over the OMC. Yeah. They’re terrorist shitheads. But due process still applies.

How about "I'd be more concerned if there was evidence of this being applied to lawyers who actually have an attorney/client relationship, or if there was a variation from, ignorance of, or change to the pre-existing procedures for searching/seizing a lawyer's materials."

Hoshi
Jan 20, 2013

:wrongcity:
ICE violates due process rights constantly but I've never seen posts like this about it, which isn't to say anything other than you seem more vocal about slippery slopes when they will largely impact powerful people instead of minorites and that makes it ring hollow. It may have something to do with the high profile nature of these ACP issues but neither of you have spoken to how you think you can keep powerful people accountable without ever breaking ACP so I'm not sure what else makes sense than having a procedure to violate it.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider
Here's a day in the life of a solo family law practitioner:

7:30: Wake up. See whatever hosed up in the night. Do e-mails, hop in the shower, dress for work.

8:30: Court. Likely a prove-up.

9:00: Usually some sort of hearing. I'm in court 3 to 5 days a week.

11:30: Get back to office. Pick up phone messages, start making calls.

12:00: Usually a consultation.

1:00: Lunch.

2:00-5:30: More consultations, phone calls, drafting, emails. Hearing prep.

5:30: Gym.

7:00: Fix the poo poo that broke when I was in the gym.

7:30: Cook and eat with the wife and dog.

8:30: Games and emails.

10:30: Reading

11:30: Pass out.

4:00: Wake up with anxiety, toss and turn for an hour.


I'm here 6 days a week. Sunday it's from 12-7ish.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
Hoshi, if you’re going to call me a racist, have the balls to say it directly rather than resorting to whattaboutism. Maybe the ICE issue doesn’t get as much discussion because it’s less grey area? “Hey! That’s really hosed up” “yup.” “New topic or 10 more posts basically saying “our immigration policies are poo poo”?”. Also, go gently caress yourself.

Hoshi
Jan 20, 2013

:wrongcity:

ActusRhesus posted:

Hoshi, if you’re going to call me a racist, have the balls to say it directly rather than resorting to whattaboutism. Maybe the ICE issue doesn’t get as much discussion because it’s less grey area? “Hey! That’s really hosed up” “yup.” “New topic or 10 more posts basically saying “our immigration policies are poo poo”?”. Also, go gently caress yourself.

I didn't mean for it to be about race it was about powerful (POTUS) versus powerless and was the first thing that came to mind. Sorry.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.

Hoshi posted:

ICE violates due process rights constantly but I've never seen posts like this about it, which isn't to say anything other than you seem more vocal about slippery slopes when they will largely impact powerful people instead of minorites and that makes it ring hollow. It may have something to do with the high profile nature of these ACP issues but neither of you have spoken to how you think you can keep powerful people accountable without ever breaking ACP so I'm not sure what else makes sense than having a procedure to violate it.

It’s not breaking ACP if the lawyer is assisting with a crime. There is no ACP to break. I don’t see where the problem is unless you think a law license is a prophylactic to any warrant. There’s no slope being slid here if the warrant was obtained on the same standards as other crime-fraud exception warrants.

E. I don’t do crim law. Just wondering what exactly is being lost here and how this is an overstep compared to past accepted practice.

Look Sir Droids fucked around with this message at 21:18 on Jul 20, 2018

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
In TYOOL 2018, you're only allowed to care about the 'right things', in the 'right order.'

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Hoshi posted:

I didn't mean for it to be about race it was about powerful (POTUS) versus powerless and was the first thing that came to mind. Sorry.

Bullshit. You said minorities. So in your mind “minority” is synonymous with “powerless”? You knew what you were saying and it’s not the first time you’ve done it. I repeat. Go gently caress yourself. Also, “minority” is considered by many to be an offensive term. Especially in regions where they are not “the minority.” If you’re going to pull holier than thou bullshit, get the rhetoric right.

mastershakeman
Oct 28, 2008

by vyelkin

Hoshi posted:

ICE violates due process rights constantly but I've never seen posts like this about it, which isn't to say anything other than you seem more vocal about slippery slopes when they will largely impact powerful people instead of minorites and that makes it ring hollow. It may have something to do with the high profile nature of these ACP issues but neither of you have spoken to how you think you can keep powerful people accountable without ever breaking ACP so I'm not sure what else makes sense than having a procedure to violate it.

I actually spent a bit this morning trying to figure out why the kids don't get guardian ad litems. Also why defendants don't get lawyers , I assume it's because it's only a misdemeanor and not a felony; not that it's a person vs citizen issue?
Funnily enough one solution would be try to make border crossing a felony charge so that free defense lawyers were mandatory.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

mastershakeman posted:

I actually spent a bit this morning trying to figure out why the kids don't get guardian ad litems. Also why defendants don't get lawyers , I assume it's because it's only a misdemeanor and not a felony; not that it's a person vs citizen issue?
Funnily enough one solution would be try to make border crossing a felony charge so that free defense lawyers were mandatory.

The (legal) reason is because only actually crossing the border illegally is criminal (you are elligible for PDs even for misdemeanors. At least you are here.) illegal presence on the other hand is a civil violation. Administrative process. No right to counsel.

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."
Non-gym day
6 am: wake up
7 am: bike to work
7:30-10am: emails
10-10:20am: coffee and poo poo posting break
10:20-11:45: being a lawyer
11:45-12:45: lunch at desk (gotta get to the microwave before the noon rush)
12:45-4: being a lawyer
4-4:30: bike home
4:30-6ish: 25mi ride
6ish to-10: loving off
10-11/12: poo poo posting while wondering why I haven't go to bed
11/12: bed

Gym day is basically the same except I bike to the gym at 6:30, dpn't get to work until 830 and leave at 5pm and only do like a 15mi ride.
If I'm in the field, which is. lot, this schedule changes.

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joat mon
Oct 15, 2009

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

Hoshi posted:

I'd ask you the same question - what would the right direction look like? Again I think it's important to contemplate this and figure out how you can advocate for it within your profession because if you don't actually deal with it external forces will

1. Investigators have to internally establish clear and convincing burden of proof to justify asking for warrants for potentially ACR materials.
2. For federal investigations, a chop from higher up the chain.
3. Warrant for potential ACR materials granted only upon clear and convincing evidence.
4. Seized evidence sequestered, disclosure to investigators only after adversarial hearing before judge or special master, and appellate review if requested.

And what blarzgh and AR have been saying about it, too.

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