Wednesday, July 10, 2013

postheadericon Deep Dive: Prenda Law Is Dead

Ken White Popehat blogs. He is a litigator and criminal defense lawyer in Brown White & Newhouse LLP in Los Angeles. His views are his alone and not those of your company.





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Pledge Today, the company has found a extinction level event. Meet the demand of a federal judge to explain his conduct litigation managers lawyer right turn - and para - invoked his right to remain silent under the Fifth Amendment of the Constitution of the United States. As a matter of prudence individual may have been the right decision. But the Act national commitment to the company, by whatever name or form or glamor, which poses a threat.



Hail, Hail, the Gang's All Here



the crowd early in the court of U.S. District Judge Otis D. Wright II. As before, the public including journalists, former accused of clothes and their lawyers, clergy, and citizens concerned external and activists from the Electronic Frontier Foundation. The small crowd disappeared party embarrassed when a team of lawyers and nervous-looking men in suits filed in the courtroom. Some of us looked at the letter from the lawyer Morgan Pietz created to see if we could match faces. Soon we realized that we could. Bet on who would appear in response to the order of the judge to show Wright won and lost by the curse of good character.

A law swarm quickly checked with the clerk of the court and took their place. On the one hand, lawyers and Nicholas Morgan Pietz Renallo seemed calm. They had boxes of documents that need not, and noted that I should consult. On the other side of the room, eight lawyers willing to answer questions from Judge Wright, particularly in vain. In the gallery, Brett Gibbs - unhappy witness to the last hearing before Judge Wright - was pale and dark. Paul and Peter, brothers Hansmeier sitting together, looking ridiculously young and in its place. Face Hansmeier Paul was full and red. John Steele looked visibly smooth and flawless with the perfect costume, as an officer of a company in a bad result of Robocop. Paul Duffy, Mark Lutz and Angela Van Den Hemel waiting impatiently.



Not with a whimper, but a sudden



a few minutes when the door opened and cameras Judge Wright came out and took his place. Before he sat down he came and went once behind his chair, looking at the gallery and ran his tongue over his teeth. Then he sat down, and called the case. Lawyers announced their appearance - Brett Gibbs, Paul Hansmeier, John Steele, Paul Duffy, Angela Van Den Hemel and law Put all counsel, but Peter Hansmeier and Mark Lutz. When Paul Hansmeier lawyer said Mr. Hansmeier was present, Judge Wright asked where. Paul Hansmeier up. " First Row " ordered Judge Wright, stabbing a finger at the first row of benches after Hansmeier lawyer. John Steele receives the same treatment, and sat next to Hansmeier. One of the lawyers said that Peter and Mark Lutz Hansmeier were present, but are not represented. "Welcome," said Peter Judge Wright Hansmeier, is not entirely convincing. "Is there an Alan Cooper - all Alan Cooper that" Wright? the judge said, referring to allegations that he had stolen the Oath Act, the identity of a caregiver to serve customer fictional official Minnesota. There is no such person was present.

Judge Wright did not waste any time. He announced that he was "pleasantly surprised" that people had called arrived. "It should be clear that the approach radically changed the litigation of intellectual property rights lawyer misconduct - misconduct that brings discredit to the profession, "he began sternly. "I have doubts of these -. Among them, Mr. Steele Steele can choose to answer these questions or not."

Steele lawyer stood up and said, in light of the "concerns" that Judge Wright had been raised at the hearing on March 11, and the "serious allegations" made by Judge Wright, Mr. Steele is invoked the Fifth Amendment right to refuse to answer questions. I expected a whisper in the room, but there was a silence after thunder. "We used the word fraud," the lawyer said Steele. " should

" replied Judge Wright. Counsel Steele continued courageously saying that Steele was also unable to respond by the attorney-client privilege. "Do you think there is a difference between these clients and Mr. Steele?" Wright asked the judge, referring to allegations that the plaintiffs were Act Pledge simple fictitious beings that hide the interests of the lawyer in the case. Steele's lawyer said there was a big difference, but Judge Wright has clearly convinced. He said, however, that Steele did not have to answer questions. "It does not have to answer if you think you can attack," said Judge Wright. "I'm not saying that the answers might incriminate him," Steele's lawyer protested, blurring and if your client has the right to take the fifth, "but my client left no choice."



Judge Wright has grown steadily and visibly angry. "I want to know if one of my conjecture is correct. - And the only way to know is that the filmmakers here and ask questions This is an opportunity for them to protect themselves," he said. But Steele's lawyer confirmed that his client would exercise his right to remain silent. Lawyers for Paul Hansmeier, Paul Duffy and Angela Van Den Hemel confirmed their clients, too, would invoke his right to remain silent. Judge Wright did - unless I missed it - confirm if Mark Lutz Peter Hansmeier or answer questions.





the opportunity to be heard







Heather Rosing, appearing to Paul Duffy, Angela Van Den Hemel and clothing law stood up and asked Judge Wright for the opportunity to present argument "part-time" on points in order to show cause. Look, when you're a lawyer representing a client, you must
foot We must remain firm even in the face of an angry federal judge .. When a judge is yelling at you, but worrying is, you should keep and remember you are there to represent the interests of his client against the terrible power of the court. Heather Rosing
, and my admiration, what I think of your customers.

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