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The Beat Of Unchecked Egos Goes On … And On – Above the Law

(Image
via
Getty)

I
guess
that
Michael
Avenatti

the
California
lawyer
who
represented,
among
other
clients,
Stormy
Daniels
in
her
claims
against
Donald
Trump

never
learned
the
Eighth
Commandment,
that
is,
do
not
steal.
It’s
bad
enough
when
anyone
steals,
but
when
a
lawyer
steals,
embezzles
funds
from
his
client
trust
account,
and
then
pleads
guilty,
it’s
anyone’s
guess
as
to
what
the
sentence
might
be.
We
had
a
saying
in
the
district
attorney’s
office
where
I
worked:
“don’t
do
the
crime
if
you
can’t
do
the
time.”

The
guessing
is
over.
A
federal
judge
here
in
Orange
County

gave
Avenatti
a
very
stiff
sentence

(well-deserved)
for
theft
of
client
funds
and
defrauding
the
IRS
out
of
payroll
taxes.
So,
he’ll
be
spending
14
years
in
the
pokey
to
run
consecutively
with
the
five-year
sentence
he
is
currently
serving
for
the
Nike
extortion
caper
in
New
York.

Although
Avenatti
expressed

remorse
for
his
conduct


and
the
shame
it
brought
upon
his
family,
friends,
and
the
profession

he
also
claimed
that
at
no
point
in
time
did
he
set
out
to
bilk
his
clients.
(I
wonder
if
he
was
able
to
say
that
with
a
straight
face.)
His
bilked
clients
would
disagree
since
he
took
their
funds
and
lived
an
extravagant
lifestyle
at
their
expense.
Sounds
like
another
disgraced
Southern
California
lawyer,
doesn’t
it?
But
Tom
Girardi,
diagnosed
with
Alzheimer’s,
spends
his
days
in
an
assisted
living
community,
not
prison.

Was
Avenatti’s
downfall
narcissism?
Did
he
believe
his
own
press
and
think
that
he
wasn’t
going
to
get
caught?
That’s
the
feeling
of
a
lawyer
who
formerly
worked
in
Avenatti’s
firm.
The
Los
Angeles
Times
article
quoted
Andrew
Stolper,
who
said
that
“None
of
it
makes
any
sense
other
than
he
deluded
himself
into
thinking
he
could
get
away
with
it.
If
you
sit
down
and
try
to
rationally
figure
out
why
a
successful
lawyer
would
resort
to
stealing
money
from
his
clients
and
at
the
same
time
elevate
himself
to
the
national
stage,
there’s
not
enough
hours
in
a
lifetime
to
figure
that
out.”
Well
said.

Do
you
think
that
ATL
will
ask
for
the
return
of
its

2018
Lawyer
of
the
Year
Award
given
to
Avenatti
?
BTW,

the
article

does
not
mention
Michael
Avenatti
as
a
previous
awardee.

From
time
to
time,
every
lawyer
has
told
a
client:
STFU.
However,
some
clients
just
can’t
help
themselves
and
find
themselves
with
terminal
cases
of
foot-in-mouth
disease.
At
least
several
clients
are
in
the
news
right
now
whose
egos
apparently
do
not
allow
them
to
take
lawyerly
advice.
Of
course,
all
of
them
are
smarter
than
the
lawyers
anyway,
until
they
stand
before
the
judge.
Then
humility
and
groveling
replace
the
overweening
egos.

So,
it
was
nothing
new
when
the
lawyer
who
had
represented
Bernie
Madoff
(remember
him?)
told

Samuel
Bankman-Fried
,
CEO
of
his
now-defunct
crypto
empire
FTX,
to
say
nothing,
zero,
zip.
We
all
learned
in
evidence
the
power
of
an
admission,
which
takes
a
lousy
case
from
metal
to
gold.
Bankman-Fried’s
self-styled
apology
tour
will
do
him
no
good,
especially
if
he
hopes
to
stay
out
of
jail.
He’s
a
classic
example
of
two
things:
a
client
who
won’t
take
his
lawyer’s
advice,
and,
while
wielding
a
shovel,
keeps
digging
his
own
grave.
We’ve
all
had
clients
like
that.
Clients
always
think
that
they
know
best.
How
will
Bankman-Fried’s
“it’s
all
a
big
mistake”
defense
play
out
in
bankruptcy
court?
In
any
criminal
case
that
might
be
filed?
Any
other
litigation
that’s
sure
to
arise?

And
then
there’s
another
client
with
a
ginormous
ego.
If
you
were
to
compare
egos
between
the
former
president
now
trying
to
get
back
into
the
White
House
(through
the
front
door,
a
side
door,
or
however
else)
and
Elon
Musk,
I
think
it
could
well
be
a
dead
heat.
Should
the
number
of
legal
issues
staring
at
each
of
them
be
used
for
comparison?

Trump
certainly
has
his
share:
the
Trump
Organization
convictions
in
New
York;
the
E.
Jean
Carroll

defamation
lawsuit
,
also
in
New
York;
cases
arising
from
the
search
warrant
at
Mar-a-Lago;
and
any
criminal
referrals
the
January
6th
Commission
will
be
making
to
the
DOJ.
(I
am
sure
I
have
missed
some.)
Right
now,
Musk’s
biggest
legal
headache
appears
to
be
the
severance/not
severance
mishigas
he
has
gotten
himself
into
when
firing
or
rehiring
employees.

California
has
both
federal
and
state
WARN
acts
and
precisely
complying
with
both
can
make
your
head
explode
if
not
done
correctly.
I
won’t
bore
you
with
mind-numbing
details;
suffice
it
to
say
that
Musk
cannot
just
ignore
WARN
Act
requirements
and
any
other
severance
claims
included
in
the
Twitter
acquisition
agreement.
Having
been
involved
in
four
acquisitions
(both
on
the
acquirer
and
acquiree
side),
there’s
a
whole
laundry
list
of
things
to
be
done
within
certain
time
constraints
to
comply
with
WARN,
certain
head-counting,
location-counting,
and
providing
information
to
certain
agencies
as
to
who
stays
and
who
goes.

Does
anyone
think
it’s
a
little
ironic,
or
perhaps
more
than
just
a
little,
that
an
attorney
for
a
bunch
of
pissed-off
Twitter
employees
has

posted
his
demand
letter
to
Musk

on
behalf
of
those
employees
on
the
Twitter
website?

Clever
use
of
the
Twitter
platform.
Your
thoughts?
I
think
it’s
perfect.




old lady lawyer elderly woman grandmother grandma laptop computerJill
Switzer
has
been
an
active
member
of
the
State
Bar
of
California
for
over
40
years.
She
remembers
practicing
law
in
a
kinder,
gentler
time.
She’s
had
a
diverse
legal
career,
including
stints
as
a
deputy
district
attorney,
a
solo
practice,
and
several
senior
in-house
gigs.
She
now
mediates
full-time,
which
gives
her
the
opportunity
to
see
dinosaurs,
millennials,
and
those
in-between
interact

it’s
not
always
civil.
You
can
reach
her
by
email
at




oldladylawyer@gmail.com
.