Posts on ‘October 18th, 2009’

Arguing that you broke the law to comply with it is apparently not the way to win an argument before the 11th Circuit. In a tart opinion, the court said a debt collector could not defend itself by saying it acted in good faith when it intentionally violated one requirement of the Fair Debt Collection Practices Act so that it wouldn’t run afoul of another provision. The court compared the debt collector’s logic to the “oft-repeated statement from the Vietnam War,” that “we had to destroy the village to save it.”

Under fire for its handling of the criminal case against former Sen. Ted Stevens, the Justice Department has outlined a plan to ensure prosecutors play by the rules when dealing with evidence. But some criminal defense lawyers and judges say the reforms don’t go far enough. The reform plan presented last week is an attempt by the department to beat back a recommendation that a Judicial Conference of the United States panel adopt a measure that would require prosecutors to disclose more material to the defense.

Faced with the prospect of harsh discipline from the 9th U.S. Circuit Court of Appeals, well-known plaintiffs lawyer Walter Lack attempted the following play on Thursday: Convince three judges that his misconduct wasn’t intentional, even though he signed a document admitting it was. Rather than helping his cause, the panel appeared to think Lack was dodging responsibility. Lack may have actually aggravated his situation by appearing in person, said one judge.

Backers of a new California law that bars mortgage modification services from charging up-front fees say the rules will put scam artists out of business. But real estate attorneys say the new rules have created a host of unanswered questions and wonder whether the regulations will really just drive honest attorneys out of the practice. Said one: “I think you’re going to see a lot of lawyers not doing this anymore. It’s just not worth it.”