Yall Politics

WSJ LTE - Why Do Lawyers Mouth Clients’ Ridiculous Alibis?

Why Do Lawyers Mouth Clients' Ridiculous Alibis?

It's bad enough and sad enough to read the sorry story of the greed of tort-king "Dickie" Scruggs. The evidence and the transcripts was, of course, damning.

It was really nauseating, however, to read the absurd assertion by John Keker, his lawyer, that Mr. Scruggs was innocent and that the "prosecutors have concocted a 'manufactured crime' in which his client had no part" ("A Lawyer's Trials: Tort King's Path to Bribery Charge," page one, March 14). So, according to Mr. Keker, the prosecutors could freely be accused of trying to frame an innocent man.

All Mr. Keker should have said was that his client had pleaded not guilty and that the matter would proceed to trial.

One assumed that when Mr. Keker made factual assertions he was accurately reporting what Mr. Scruggs had told him, since he presumably knew Mr. Scruggs's side of the story through lengthy interviews under the protection of the attorney-client privilege.

Then we learned, a few hours later, that Mr. Scruggs was guilty all along. Either Mr. Keker knew this or he was ignorant.

Why lawyers in criminal-defense cases feel compelled to make factual assertions about their clients' innocence, facts which they couldn't possibly know, is beyond me.

Every day these lawyers appear on television and in the papers repeating the ridiculous alibis of their clients, not as their clients' legal positions but as facts, only to be ultimately made foolish by a plea or a trial.

Innocent or guilty, a lawyer should retain his dignity and that of his client, if possible.

Felix M. Phillips
Attorney at Law
Minneapolis

WSJ
3/21/8

Posted March 22, 2008 - 4:56 am

5 Comments:

I almost never print letters to the editor, but this was an outstanding one.

Mike “Zach is innocent of the charges pressed against him, and we look forward to his exoneration” Moore might do well to read and absorb.

In retrospect, it’s pretty easy for me to see why Moore didn’t run for Senate. This relationships with Dickie and these other felons would have politically hung around his neck like an anvil.

Posted by Alan on 03-22-2008 at 06:04 AM [link]

"Innocent or guilty, a lawyer should retain his dignity and that of his client, if possible.”

Key words being ‘if possible.’ Loved this.

One thing a law professor last year said to me was this:

No matter how tempting, when the press is in your face about your client and the cameras are on - don’t give in to your ego. Keep your mouth shut.

If you are forced to comment, just say simply, ‘This matter is before the Court and I cannot comment further, out of respect for all. Thank you.’

This law professor reminded us… Judges watch television too, and read newspapers. Always be professional. Always. A lawyer’s job is to serve, not be served.

- Shelby Dupree

Posted by Shelby on 03-22-2008 at 08:41 AM [link]

I think the Scruggs group should have had a few classes under Shelby’s law professor. Then after the guilty pleas they would not look so stupid. The lawyers complain about the blogs tainting the jury pool, but what else could one call their posturing?

Posted by dixie68 on 03-22-2008 at 08:50 AM [link]

One lawyer who really stood out in this whole saga was Backstrom’s lawyer Frank Trapp from Jackson. He stood out by not standing out. He carried himself well and didn’t get into all the puffery that Keker and Moore were part of. In light of what his client was up against, he got a really good deal for Backstrom . . . and kept his dignity in the process.

Posted by Alan on 03-22-2008 at 11:11 AM [link]

It’s good to see that there are some that take the high road and do not take the stoopid route of Mr. Keker. He was quoted last week as saying “I know one thing, Dickie Scruggs is not guilty.....”. Now let’s do the math....

1-1=0

Evidently, he knows nothing. I suppose when you are pulling down the kind of fees he charges you gotta do something to appear that you are earning your $.

Posted by wordisborn on 03-22-2008 at 01:15 PM [link]

Mr. Phillips obviously practices law in Minnesota and not in Mississippi. He doesn’t grasp “the system” here. Then again, maybe he does grasp it, and is sickened by it.

Mississippi would do well to have a majority of lawyers like Mr. Phillips.

Posted by rebmus on 03-22-2008 at 03:24 PM [link]

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