Unethical Quote of the Week: Wrongly Imprisoned Victim John Thompson

“I don’t think training would have had anything to do with nothing really, to be honest with you, because you could have trained them and they would still do it. You need to punish them for doing it, then they won’t do it.”

John Thompson, who was wrongly and illegally convicted of murder in Louisiana and spent 14 years on death row because prosecutors withheld exculpatory blood evidence from his lawyers and his trial. His civil suit against the prosecutor’s office, run by Harry Connick, Sr. (yes, the singer’s father) for millions in punitive damages, on the theory that the prosecutors who framed him were inadequately trained, was overturned last week by the U.S. Supreme Court.

This statement apparently was made by Thompson last October, when the Supreme Court took the case, and I missed it. It surfaced again this morning in a Washington Post editorial calling for harsher punishment for prosecutors who violate the rights of accused suspects and send innocent people to prison or execution. The Post has never been more right, and the $14 million originally awarded to Thompson by an appalled jury for his ordeal is still inadequate compensation for the 18 years he spent behind bars because of a prosecutor’s dishonesty.

But the theory used to get Thompson his money—that the tragedy would have been prevented if Connick’s office hadn’t been negligent in training its lawyers in prosecutorial ethics—was a sham, and deserved to be rejected by the Court, no matter how much Thompson deserved the money, or indeed, ten time the money. Continue reading

Obama’s Unethical Gift to the Trial Lawyers

After January 1, 2011, when you begin to process all the new taxes coming your way and all the deductions you can no longer take, think about this:

The nation’s largest trial lawyer trade group, the American Association for Justice, has announced it was informed by Obama Administration officials that the U.S. Department of Treasury will give its members (and all tort lawyers) a tax break on contingency fee lawsuits. The new provision is expected to mirror proposed legislation by Sen. Arlen Specter, himself a lawyer, that was previously rejected by Congress last year. That bill would have allowed attorneys to deduct up-front costs in contingency fee lawsuits. Continue reading

“Google Tried to Kill Me!”

Personal injury lawyers, along with their close trial lawyer cousins, the medical malpractice and product liability lawyers, have an unjust reputation. The American tort system is the fairest in the world, and the work of trial lawyers saves lives while it is getting compensation and damages for people who have been injured by the careless, negligent, reckless or malicious acts of others.

Unfortunately, rare cases like that of Lauren Rosenberg overshadow all of this, which is just one of the reasons her lawsuit against Google is objectionable. When you walk down the middle of a highway and get hit by a car, you may have some justification for suing the driver of the car. But suing the website that suggested that you walk on the road? That’s the theory of Laura and her lawyer. According to PC World, Rosenberg was trying to get from 96 Daly Street, Park City, Utah, to 1710 Prospector Avenue, Park City, Utah, and looked up the walking directions on her Blackberry using Google Maps . Google suggested a half-mile walk down “Deer Valley Drive,”  also known as “Utah State Route 224,” which should have been a clue. But Google-trusting Laura started walking down the middle of the highway, and sure enough,  a car hit her.  Her complaint says: Continue reading