Tuesday, February 10, 2009

Wow!

Another reminder that there are a lot of crappy lawyers out there. (H/t: Volokh). Reminds me of the 7th Circuit case before Easterbrook.

Edit: I've gathered my thoughts a bit and the juxtaposition of this post and the bottom is mildly amusing. The opinion is well written and well reasoned ("relief"...love it). The accusations against the attorneys are troubling. Reinhardt is accusing the lawyers here of not even reading the statute that the clients violated. How did they avert sanctions, or at least an OSC why they shouldn't be sanctioned? Isn't this the sort of thing that state bar disciplinary bodies should be aware of? Why not order the attorneys to forward the opinion to the Arizona Bar?

Judge Reinhardt...keeping criminals out of prison wherever he goes.

6 Comments:

Blogger Patrick Bageant said...

Or this argument before Kozinski.

14:30: Kozinski tells the ASUSA to get a letter form his boss, explaining why the ASUSA didn't bring the Excerpts of Record, and explaining whether that was standard practice.

23:00(ish): Kozinski demands to know whether all Nevada ASUA's cite to facts not in the record, or just this one. He then asks for another letter from the ASUA's boss.

2/10/2009 1:09 PM  
Blogger Carbolic said...

One of the attorneys had been previously censured, in 1990. (See http://www.avvo.com/attorneys/85201-az-lynn-hamilton-402770.html)

You really would think that bad lawyers would try to avoid appellate law...

2/10/2009 2:29 PM  
Blogger ibz said...

two hilarious items in patrick's link. 1) the other lawyer didn't have them with him either. 2) when a set of the excerpts are finally put in front of the ausa, he can't find the page. kozinski: "the [page] numbers are at the bottom" well worth a listen.

2/10/2009 5:56 PM  
Blogger Patrick Bageant said...

Haha, I'm glad someone else liked the page numbers comment at much as I did!

2/10/2009 6:00 PM  
Anonymous Anonymous said...

You know I would have found the video considerably funnier had I not known of (and seen in person) Kozinski's liking for picking on lawyers.

Sometime it is deserved, but quite often it is not - the lawyers are doing the best they can.

2/10/2009 8:13 PM  
Anonymous Anonymous said...

Another oral argument. You will never have an argument go as badly as this one did for the government attorney (who was thrown to the wolves by his own superiors). The panel is Fletcher, W., Noonan, and Gould.

Case No. 05-70590 from the Audio Recordings section of the 9th Circuit page.

2/11/2009 9:11 PM  

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