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August 18, 2016

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Captain Hruska Carswell, Continuance King

Tribe was one of Al Gore's lawyers. Bush won because he had better lawyers who actually know what it means to "practice." They were real lawyers from the trenches. A real lawyer would know not to reveal anything about her clients. It's bad for the practice and business. Tribe's conduct fits a pattern here...

anon

As much as I hate doing it, I have to agree with the Captain about Tribe's performance in the SCOTUS in Bush v. Gore.

IMHO, he was particularly ineffective, unpersuasive and almost inept.

TO be fair, although a great trial lawyer, David Boies also embarrassed himself in the Supreme Court.

They lost 7-2 on the Equal Protection issue because they seemingly didn't understand the argument. It was a travesty.

Dream team? More like shoddy work posing as greatness.

Eric Rasmusen


There needs to be a tort rule for everyone, not just an ethics rule for lawyers, about keeping information volunteered in inquiries to someone who might provide services to a project. In contrast to a privilege rule, this would be self-limiting if the release was harmless-- liable, but zero damages. Also, it would cover negligent but unintentional release of information. Is there such a rule?

I had an idea for a whistleblower suit against Citigroup for tax violations. (case #1:15-cv-7826, United States District Court, Southern District of New York, State of New York ex rel. Eric Rasmusen v. Citigroup, Inc.) The conflicts partner of one big law firm I asked about representing me phoned me up and said Citigroup was a client of theirs so they couldn't. Without some kind of confidentiality rule (or, lacking that, moral decency), she not only could have told Citigroup to watch out for me but perhaps would have had an ethical obligation to do so to help her client. Or, suppose the law firm that did end up representing me had turned me down. We need a rule that would prevent them from stealing my idea and filing suit against Citigroup on their own behalf. This goes for venture capital firms, patent lawyers, and many other kinds of businesses where mere knowledge that an inquiry was made is valuable information.

anon

"We need a rule that would prevent them from stealing my idea and filing suit against Citigroup on their own behalf."

Wow. Doesn't that sort of tell us everything we need to know about motivation here?

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