Good Idea - Bad Idea: Destroying Evidence and Destroying Law Firm Documents

Posted by wlansden | Filed under
Good Idea: keeping careful records of your billable time and detailed information about your clients.

Bad Idea: destroying those same records in a bathroom of the courthouse during a civil suit brought by your former law firm employer, when those same records might have probative and evidentiary value.

This is one of those good idea/bad idea posts I feel is too obvious to write about. Regardless, it seems that some attorney out there could have used this information a while ago.

A lawyer in Ohio was recently suspended for one year for, among other things, destroying law firm documents in a courthouse bathroom while court was in recess from a civil suit claiming a violation of his employment agreement with the law firm.

The lawyer was apparently thinking about jumping ship from his law firm. He was in job talks with two other law firms. The lawyer supposedly removed boxes of documents from his law firm containing information about his firm's clients and the clients' billings.

The ABA Journal has the story and the opinion issued by the Ohio Supreme Court.

Some of the justices wanted to impose a stiffer penalty. 

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Good Idea - Bad Idea: Following Your Dreams

Posted by wlansden | Filed under
Good Idea:  Following your dreams towards a happy and fulfilling future.

Bad Idea:  Allegedly attempting to abandon your children to follow your dreams of being a stripper.  And then allegedly punching your 11 year old son in the stomach.  In front of a cop.  In Surprise, Arizona (Surprise! You’re in handcuffs!).

[Editors Note: while we recognize that this story is not the Young Lawyers Blog’s usual faire, we feel that the alleged perpetrator’s arrest gives the necessary legal content to justify carrying this story, which can only be described as a truly and absurdly epic fail.]

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Good Idea - Bad Idea: Choking A Prosecutor

Posted by wlansden | Filed under
Good Idea:  Politely expressing your dislike for being mocked by opposing counsel.

Bad Idea:  Choking opposing counsel at the courthouse after they supposedly mock you.

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Good Idea - Bad Idea: Juror Edition

Posted by wlansden | Filed under

Good Idea:  Serving duty as a juror—as required!  We have discussed this: Jury Duty: Served! and Jury Duty: Reprised

Bad Idea: Ignoring the Judge’s instructions while serving.  Yep, discussed this too: Juror Twittering Did Not Affect Jury Verdict and Tech Interference with Juries.

Even Worse: Asking the Defendant Doctor for medical advice—during the trial!    

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Good Idea - Bad Idea: Spying on co-workers

Posted by wlansden | Filed under
Good idea:   Security systems at law firms.

Bad idea:     A partner placing a hidden camera under a female employee's desk, even if one of his listed hobbies on the firm website is photography.

According to the Atlanta Journal-Constitution, a partner at an Atlanta law firm has been charged with three counts of unlawful surveillance.  He is accused of placing a hidden camera under a female employee's desk, without her knowledge, at least three times. 

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Good Idea - Bad Idea: Loving and Lying

Posted by wlansden | Filed under

Good Idea:  Loving your spouse.

Bad Idea:    Lying to authorities when you're an assistant dean at a public law school about your spouse's counterfeit prescription drug scheme.

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Good Idea - Bad Idea: “What, I can’t do that?”

Posted by wlansden | Filed under , ,

Good Idea: Exercising your First Amendment right to express your opinion on the actions of elected officials.

Bad Idea: Using online social media to call for the assassination of the President of the United States (@really?!whatwereyouthinking?!!)

I’ve avoided linking to full text of the twitter feed that one particularly foul-mouthed twit[erer] managed to post, suffice to say that his ill-advised threatening outburst wasn’t an isolated incident. It was more like four back-to-back, profanity-laced, not at all isolated incidents.

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Good Idea - Bad Idea: Just Fake It?

Posted by wlansden | Filed under
Good Idea:    Doing the things you were hired to do.

Bad Idea:      Fabricating court orders and court documents in order to trick your client into believing you're doing the work you've been retained to do.  State bars frown on that.

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Good Idea - Bad Idea: The Reality of the Housing Market

Posted by wlansden | Filed under

Good Idea:  Using Snooki and The Situation to increase the value of your real estate. 

Bad Idea:  Hoping Jon and Kate will do the same.

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Good Idea - Bad Idea: "I think the record should reflect that the witness is vomiting."

Posted by wlansden | Filed under
Good Idea:  Effectively managing a witness under cross examination through incisive questioning, thereby advancing the interests of your client.

Bad Idea:  Frightening a witness under cross examination to the point that the witness barfs. Right there. In the courtroom. Over and over again.

This actually happened during a murder trial in Winnipeg, Manitoba.  It should be pointed out that the witness (a) was testifying against his own cousin and (b) has irritable bowl syndrome AND acid reflux, which is a gastroenterologist’s way of saying “game over.”  The judge [mercifully] allowed the jury to go home early.

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