suborning perjury

“The Good Wife” Jumps The Ethics Shark

/ Jack Marshall / 8 Comments

jumping the shark

I saw this coming several seasons ago- that the once ethically challenging CBS legal drama “The Good Wife” was on the way to strapping on Fonzie’s old water skis and jumping the old Ethics Shark. Sure enough, after being able to watch the show irregularly and being either confused or disappointed when I did, I finally got a chance to watch an entire episode last night. The Shark has been officially jumped and TGW is no longer bothering to check with its legal ethics consultants. This is known as “The David Kelley Syndrome,” as all of that producer’s legal dramas, “The Practice,” “Ally McBeal,” “Boston Legal,” etc, begin plausibly and end up in the Legal Ethics Twilight Zone as the writers run out of ideas.

In last night’s episode, “Cooked,” Good Wife Alicia’s defendant was charged with making GHB. He claims innocence because he wasn’t making authentic GHB, but a GHB-like substance,without the same chemical compound as GHB itself and thus less dangerous.  Alicia explains the law to him, which is that he would be better off if his intent was to make GHB but he  ended up with the pseudo GSB by mistake, instead of successfully making the possibly illegal GHB-like drug intentionally.  She says that he needs to be clear which he did, and tells him to tell the truth.

This is the common, much criticized defense lawyer tactic called “The Lecture” in the novel “Anatomy of A Murder.”  A lawyer is bound to explain the law to his or her client, and that sometimes means educating a client regarding how to “remember” what happened.

Then Alicia discovers that her defendant isn’t who he claims to be. He’s an FBI agent, and he’s part of an FBI sting to prove the judge in the case is taking bribes. She says she’s going to tell the judge about his false identity (and also that the charges were fake) so he tells her and that if she blows his cover, he’ll tell the judge that she suborned perjury by  giving “The Lecture.” She backs off, and agrees not to tell the judge.

Suspend her.

1. If she has a personal interest (Rule 1.7) that conflicts with her duty to protect client confidences (Rule 1.6), like her conflicting duty as an officer of the court to report a fraud on the court, a.k.a. THE WHOLE CASE, then the least she must do is withdraw under Rule 1.16. Continue reading →

The Circus, The Animal Lovers, And The Saint’s Excuse

/ Jack Marshall / 11 Comments

Ringlings_Elephant

Animal rights groups just paid a large price for falling prey to #13 on the Rationalization List, The Saints Excuse, which is described in part thusly..

This rationalization has probably caused more death and human suffering than any other. The words “it’s for a good cause” have been used to justify all sorts of lies, scams and mayhem. It is the downfall of the zealot, the true believer, and the passionate advocate that almost any action that supports “the Cause,’ whether it be liberty, religion, charity, or curing a plague, is seen as being justified by the inherent rightness of the ultimate goal…The Saint’s Excuse  allows charities to strong-arm contributors, and advocacy groups to use lies and innuendo to savage ideological opponents. The Saint’s Excuse is that the ends justify the means, because the “saint” has decided that the ends are worth any price—especially when that price will have to be paid by someone else.

And thus it was that  in 2000 a former Ringling Brothers circus worker filed a lawsuit claiming that the circus’s elephants were abused, just as animal rights groups have long claimed. It was later determined that he had been paid at least $190,000 by the animal rights groups, including the Humane Society, the Fund for Animals and the ASPCA, to back their charges. This is illegal. This is unethical. After a 2009 trial found that the abuse allegations could not be proved, the circus sued for legal fees. The ASPCA paid Ringling Bros. $9.3 million in a settlement in 2012, and now the other groups will have to cough up $16 million. They got what they deserved. Continue reading →

Is It Ethical For A Criminal Defendant To Take Acting Lessons Before Testifying?

/ Jack Marshall / 24 Comments
Actors make great witnesses. Especially in movies...

Actors make great witnesses. Especially in movies…(and if you don’t know who this is and in what film classic, you have some cultural literacy to catch up on…)

This is a trial development I have never encountered before. Blogger Janni Allen, a former columnist for the South African Sunday Times, claims that a famous South African actor told her that he coached Oscar Pistorius before his histrionic testimony in court regarding the death of his girlfriend. Prosecutors have charged the famous “Blade Runner” with murder; he claims it was an accident. In his appearance on the stand, Pistorius wept and appeared overcome with grief and emotion.

For the sake of the discussion, let’s assume that Allen is correct, and that Pistorius took acting lessons. Is there anything unethical about a criminal defendant or anyone else who has to testify in court taking acting lessons in anticipation of the experience? Is there anything unethical about a lawyer directing a client or a witness to take acting lessons in advance of a court appearance?

I don’t think they are difficult questions. The answers are “No,” and “No.” Continue reading →