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View Diary: What the hell is THIS?! [Updated] (226 comments)

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  •  What do you think his job is? (2+ / 0-)
    Recommended by:
    Clem Yeobright, 1180

    Other than present the best legally allowed defense he can find for his clients?

    "...you can’t find any oxygen from outside the aircraft to get in the aircraft, because the windows don’t open. I don’t know why they don’t do that. It’s a real problem." Mitt Romney

    by Catte Nappe on Thu Nov 29, 2012 at 09:56:40 AM PST

    [ Parent ]

    •  That IS his job. (3+ / 0-)

      The problem is that there is no way this should fall into the category of "best legally allowed defense".

      When the victim of the alleged crime is a child, negligence on the part of the victim doesn't make sense as a defense.  I don't know if I would go so far as to say it shouldn't be legally allowed, but it's for damn sure it shouldn't be considered "best".

      •  Why isn't it the "best"? (0+ / 0-)

        I think that speaks to the fact that there really is no "good" defense period, other than being able to make a case it never happened at all, which obviously isn't going to fly in this instance.

        "...you can’t find any oxygen from outside the aircraft to get in the aircraft, because the windows don’t open. I don’t know why they don’t do that. It’s a real problem." Mitt Romney

        by Catte Nappe on Thu Nov 29, 2012 at 11:59:34 AM PST

        [ Parent ]

        •  The reason it isn't "best" (3+ / 0-)

          is that it makes them look terrible even if it works.

          This is where I have to back off with the shoulds, though, because I honestly don't know what a lawyer's legal responsibility is in a case where there is no good defense.  I do feel, though, that a defense that leaves your client worse off than they would be if found guilty is automatically a bad one.

          •  Yeah, tough place to be in (1+ / 0-)
            Recommended by:
            Batya the Toon

            I can't imagine being a lawyer with a client who has screwed up that thoroughly. Of course, in this instance, guilt is already established I think. At this point it has to do with extent of culpability in deciding damages. That pits the monetary damage of just paying up in the suit, against the reputational damage of trying to put on a defense that makes you sound like "legitimate rape Akin".

            "...you can’t find any oxygen from outside the aircraft to get in the aircraft, because the windows don’t open. I don’t know why they don’t do that. It’s a real problem." Mitt Romney

            by Catte Nappe on Thu Nov 29, 2012 at 12:26:05 PM PST

            [ Parent ]

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