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The Range
Law & Order
Judge Recuses Herself from Ersland's Trial
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<blockquote data-quote="Michael Brown" data-source="post: 1271786" data-attributes="member: 18"><p>Nick,</p><p></p><p>You and I have known each other a long time and I can't think of a lawyer I'd trust more than you.</p><p></p><p>While you have waaaaaay more experience than I do in this area and I complete confidence in your ethics, I'm not confident that human nature changes from large to small populations.</p><p></p><p>Lawyers tend to come from the same schools, tend to affiliate together much like any other profession i.e. doctors, teachers, cops etc.</p><p></p><p>I'm confident that some ex-parte communications have gone on in some judge's living room in Payne County over a bottle of Crown Royal.</p><p></p><p>The world (and the profession) is too small to believe otherwise.</p><p></p><p>My point is not that any one profession is unethical; simply that when a cop dons a uniform, a priest dons his vestments, or a judge dons his robe, they don't trade in their human nature. They will talk shop. It seems inevitable to me. </p><p></p><p>Sometimes this talk will violate ethical rules, sometimes it won't.</p><p></p><p>To suggest that the ethical guidelines don't get bent regularly is to deny reality. The question is simply where the line is.</p><p></p><p>For instance, I will occasionally drive too fast when going to an OSU football game. I try not to make it a habit, but I will confess that I do. </p><p></p><p>On the occasions that OHP's finest stops me, I always offer that I have a gun on and inevitably they ask if I have a permit or a badge. Chances are I do not get a ticket. </p><p></p><p>Is this unethical of me? You bet. I'm not above the rules and if I get a ticket, you can be confident I'll pay it.</p><p></p><p>On the other hand, will I shake a drug dealer down for money? No freakin' chance in hell.</p><p></p><p>Both are ethical issues. The question is simply where we draw the line.</p><p></p><p>Now, back to your profession:</p><p></p><p>If two lawyers enjoy a good laugh over a drink and one mentions some crazy story that his client told him, is this unethical? Probably since the information is likely privileged. </p><p></p><p>Do lawyers do it all the time? Hell yes. Even in Payne County I'll bet.......<img src="/images/smilies/wink2.gif" class="smilie" loading="lazy" alt=":wink2:" title="Wink2 :wink2:" data-shortname=":wink2:" /></p><p></p><p>Is this the same ethical violation as giving the prosecution privileged information in order to secure a conviction? No way.</p><p></p><p>The question is all about where you draw the line, whether you live in a big or small town and to say otherwise is a little fanciful.</p><p></p><p>Michael Brown</p></blockquote><p></p>
[QUOTE="Michael Brown, post: 1271786, member: 18"] Nick, You and I have known each other a long time and I can't think of a lawyer I'd trust more than you. While you have waaaaaay more experience than I do in this area and I complete confidence in your ethics, I'm not confident that human nature changes from large to small populations. Lawyers tend to come from the same schools, tend to affiliate together much like any other profession i.e. doctors, teachers, cops etc. I'm confident that some ex-parte communications have gone on in some judge's living room in Payne County over a bottle of Crown Royal. The world (and the profession) is too small to believe otherwise. My point is not that any one profession is unethical; simply that when a cop dons a uniform, a priest dons his vestments, or a judge dons his robe, they don't trade in their human nature. They will talk shop. It seems inevitable to me. Sometimes this talk will violate ethical rules, sometimes it won't. To suggest that the ethical guidelines don't get bent regularly is to deny reality. The question is simply where the line is. For instance, I will occasionally drive too fast when going to an OSU football game. I try not to make it a habit, but I will confess that I do. On the occasions that OHP's finest stops me, I always offer that I have a gun on and inevitably they ask if I have a permit or a badge. Chances are I do not get a ticket. Is this unethical of me? You bet. I'm not above the rules and if I get a ticket, you can be confident I'll pay it. On the other hand, will I shake a drug dealer down for money? No freakin' chance in hell. Both are ethical issues. The question is simply where we draw the line. Now, back to your profession: If two lawyers enjoy a good laugh over a drink and one mentions some crazy story that his client told him, is this unethical? Probably since the information is likely privileged. Do lawyers do it all the time? Hell yes. Even in Payne County I'll bet.......:wink2: Is this the same ethical violation as giving the prosecution privileged information in order to secure a conviction? No way. The question is all about where you draw the line, whether you live in a big or small town and to say otherwise is a little fanciful. Michael Brown [/QUOTE]
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