Tag Archives: lawyer

SYNDICATED COLUMN: What Happened When I Represented Myself as My Own Lawyer

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For a cartoonist, I turned out to be a fairly decent lawyer. But I didn’t want to represent myself. It took two vicious lawyers to force me into that position.

One of those lawyers was mine.

I’m suing the Times because they repeatedly, knowingly and intentionally defamed me after firing me as a favor to LAPD Chief Charlie Beck, a thin-skinned pol I’d criticized in my editorial cartoons. The paper responded by turning California’s “anti-SLAPP” law, designed to protect people like me against corporations like the Times and its parent company Tronc, on its head; this $400 million corporation is accusing me — a five-figure income cartoonist — of oppressing its First Amendment rights by using my vast wealth to intimidate them.

Before my case is allowed to begin in earnest, anti-SLAPP requires a plaintiff (me) to convince a judge that, if everything I allege in my lawsuit turns out to be true, I’d likely win before a trial jury. But anti-SLAPP is as confusing as French grammar, so many judges interpret the law much more harshly than it’s actually written.

All the lawyers I talked to told me that I’d almost certainly win at trial if my case survived anti-SLAPP and made it to a jury. Ironically, getting past anti-SLAPP would be our toughest challenge.

The lawyer who took my case agreed with this assessment. But when oral arguments for the first of the Times’ three anti-SLAPPs against me took place on June 21st in LA Superior Court, his firm inexplicably assigned a junior associate, Class of 2013, to take on Kelli Sager.

Kelli Sager, who represents the Times, is a high-powered attorney with more than three decades of courtroom experience, a senior partner at Davis Tremaine Wright, an international law firm that represents giant corporations.

I liked my junior associate. She’s smart and may someday become a great lawyer. But she was no match for a shark like Kelli Sager. Sager talked over her. My lawyer let Sager get away with one brazen lie after another, either too unprepared or timid to respond. She couldn’t even answer the judge’s simple question to walk him through what happened to prompt my lawsuit.

It was a rout. Sager was eloquent and aggressive. My lawyer couldn’t begin to articulate my case, much less sway the judge. I lost that round.

Determined not to lose the all-important important hearing number two, against the Times and Tronc, I asked my law firm to meet for a strategy session. Bafflingly, they refused to confer or to send a more senior litigator to the next one. Another defeat was guaranteed.

Then my firm fired me — days before that key anti-SLAPP hearing. I had no idea that was even a thing, that that could happen.

I swear — it wasn’t me. I was professional and polite every step of the way. I have no idea why they left me hanging.

Normally in such situations, legal experts told me, the court grants a “continuance,” legalese for a delay, to give me time to look for a new attorney and allow him or her to familiarize themselves with the case. But it helps a lot if the opposing side says they’re OK with it.

A continuance is typically freely granted, even during the most ferocious legal battles. After all, you might be the one with a family emergency or whatever next time.

But Kelli Sager smelled blood. Figuring I’d be easier to defeat without legal representation, she fought ferociously against my requests for a continuance. Thus came about the following absurdity:

I found a new lawyer. But he needed a few weeks to get up to speed. True to her standard scorched-earth approach to litigation, Sager refused to grant me the courtesy of a continuance. So I was forced to rep myself in pro per (that’s what they call pro se in California) on July 14th.

My heart was pounding as I approached the plaintiff’s table, standing parallel to Sager. And I’m an experienced speaker! I’ve held my own on FoxNews. I’ve spoken to audiences of hundreds of people. I’ve hosted talk-radio shows. Yet dropping dead of a heart attack felt like a real possibility. I can’t imagine what this would feel like for someone unaccustomed to arguing in public.

The judge asked me to proceed. I nervously worked from prepared notes, explaining why my case wasn’t a “SLAPP” (a frivolous lawsuit I didn’t intend to win, filed just to harass the Times), that the anti-SLAPP law didn’t apply. I attacked the Times’ argument that their libelous articles were “privileged” (allowed) under anti-SLAPP because they were merely “reporting” on “official police records” about my 2001 jaywalking arrest.

If they’d been “reporting,” the articles would have had to follow the Times’ Ethical Guidelines, which ban anonymous sources, require careful analysis of evidence and calling subjects of criticism for comment. They didn’t come close. These weren’t news stories or even opinion pieces; they were hit jobs.

I explained that the records weren’t official at all, the LAPD denied releasing Beck’s unprovenanced audio, which differed from the official one at LAPD HQ. Much of the discussion was about legal minutiae rather than the broad strokes of what my case is about: I wrote a blog for latimes.com, the Times edited it and posted it, Chief Beck gave the Times a blank audio they said showed I’d lied about what I wrote, I had the audio cleaned up and it showed I’d told the truth, rather than issue a retraction when they found out they were wrong the Times refused to change their behavior and continued to insist I’d lied.

There’s also the big picture: if a newspaper’s parent company sells its stock to the police, and that newspaper’s publisher is a crony of the police chief who accepts awards from the police union, how can readers trust that newspaper not to suppress criticism of the police? Do Black Lives really Matter if investigations of police brutality don’t always make it to print, if writers and cartoonists have learned they can get fired and libeled if they annoy the cops?

I will soon receive a transcript of the hearing. I will post it at Rall.com.

Sager’s counterargument boiled down to: newspapers can publish anything they want, even lies, because the First Amendment protects free speech — as if libel and defamation law don’t exist.

Her defense for the Times was not that I lied. The audio makes clear that I didn’t. Her defense, the defense for a newspaper, was that the truth doesn’t matter.

Arguments ran over two hours.

On June 21st the judge ruled against my erstwhile lawyer directly from the bench.

On July 14th, I at least gave the judge something to think about. He took the matter “under consideration.”

I await his decision.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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Got Justice? I Desperately Need Your Help.

I need a new lawyer.

A courageous lawyer in LA? They’re hard to find. When I Googled “crusading Los Angeles attorney,” all I found were obituaries. But that’s what I need — because my lawyer dumped me days before the most crucial hearing of my case.

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So if you know a great wrongful termination and/or defamation lawyer in LA or in CA and able to litigate in LA, I need to hear from you post haste. You can email me here.

In 2015 I sued the LA Times for defamation and wrongful termination. This was after they published two articles accusing me of lying in a blog post based on an audio tape they claimed to have gotten from the LAPD. In fact, the audio proved I’d told the truth — but the Times still refuses to admit they’re wrong, publish a retraction and give me back my job as a cartoonist.

Rather than do the right thing and back down, the Times hit me with three “anti-SLAPP motions” that accuses mean old me, their former $300/week cartoonist, of suppressing the First Amendment rights of sweet little LA Times, owned by a wee $416 million corporation. They want me to pay them $300,000 for their legal fees. Believe it or not, they claim in LA Superior Court that they have the right to lie and defame people because they’re a newspaper and because there’s a “public interest” in what they publish.

On June 21, the Times won the first of their three anti-SLAPP hearings, against the individual defendants: Austin Beutner, the ex-publisher who received the sketchy audio from his pal LAPD Chief Charlie Beck; reporter Paul Pringle, who pretended to investigate it; and the authors of the two libelous articles about me, Nick Goldberg and Deirdre Edgar. This can be appealed within 60 days.

I can’t get into detail about what went down with my law firm, but the basics are this: I was always super polite and nice. After our June 21 defeat, I wanted to meet with my lawyers to discuss strategy so that we didn’t get beaten again at the June 28 hearing, the main event against the LA Times and Tronc, the Times’ parent company. They said no, they didn’t have time. I asked for a more experienced litigator. They said no.

They sent me a Notice of Termination. I don’t know why.

(To any lawyer reading this and considering whether to look at my case: I’ll send you all this stuff so you can see I’m telling you the real deal.)

So here’s the deal: Unless I find a new lawyer by Friday, July 14th, I — former $300/week cartoonist — will have to appear pro se, representing myself on California’s complicated anti-SLAPP law against one of the state’s top experts in the field, a partner at a giant law firm. It will be very Mr. Smith Goes to Washington, but I’m not a lawyer.

If I get a lawyer, he or she will get a few weeks to familiarize themselves with the case.

Lawyers all over California are turning me down: not enough time, too busy, on vacation, too complicated, troublesome to take over a case from another lawyer, conflict of interest. Even so, most agree that if we can get past anti-SLAPP and get our case in front of a jury, they will rule for justice and against the LA Times, which has been corrupted by the LAPD.

I knew there would be bumps in the road when I decided to take on the LA Times and by extension the LAPD, and this is a big one. I desperately need your help.

I can’t do this alone.

P.S. People are asking about the ACLU of Southern California. They are not returning my calls or emails.

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SYNDICATED COLUMN: Professionals Behaving Badly

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The Drone Memo’s Hack Author Should Be In Prison. Instead, He’ll Be a Judge.

Conservatives say, and this is one of their more successful memes, that poor people are immoral. The proles have sex and kids out of wedlock and expect us (i.e., upstanding middle- and upper-class patriots) to pay for them. They steal Medicare and cheat on welfare. They don’t follow The Rules (rules written by, let’s just say, not them). Which makes them Bad.

This was always hogwash, of course. Though it is true that poverty causes people to do bad things, class and morals are uncorrelated. But who’s worse, the poor thief or the wealthy person who refuses to pay him a living wage?

America’s professional class has traditionally enjoyed a privileged position at the top of middlebrow America’s aspirational hierarchy. At the core of our admiration for doctors, lawyers and bankers was the presumption that these learned men and women adhered to strict codes of ethics. Doctors healed, lawyers respected the law and bankers didn’t steal.

When they did, there’d be hell to pay, not least from their brethren.

Evidence abounded that the clay content in the professional class’ metaphorical feet was no lower than anybody else’s. Thanks to recent developments, not least since 2008’s save-the-banks-not-the-people orgy of featherbedding at taxpayer expense, the fiction that we should look up to the technocracy is dying fast.

Not only are some physicians crapping on their Hippocratic oath by carrying out executions of prisoners and participating in the horrific torture of innocent concentration camp inmates, the associations charged with enforcing professional ethics sit on their old-boys-club hands. Big-time judges, depicted in movies as moral giants who love to get medieval on evil dirtbags whether in the mafia or the CIA, act like wimps instead, grumbling under their mint-flossed breath as they sign off on the federally-funded insertion of needles into innocent men’s penises.

Thurgood wept.

I got to thinking about the fall of the professional class after hearing that the White House has finally relented in its incessant stonewalling on the Drone Memo. Finally, we peons will get a peek at a legal opinion that the White House uses to justify using drones to blow up anyone, anywhere, including American citizens on American soil, for any reason the President deems fit.

When the news broke, I tweeted: “This should be interesting.”

I’m a cartoonist, but I can’t imagine any reading of the Constitution — left, right, in Swahili — that allows the president to circumvent due process and habeas corpus. I can’t see how Obama can get around Ronald Reagan’s Executive Order 12333, even after Bush amended it. Political assassinations are clearly proscribed: “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.” (Yes, even bin Laden.)

I have no doubt that David Barron, who is a professor at the very fancy Harvard Law School and held the impressive title of Former Acting Chief of the Justice Department’s Office of Legal Counsel, and who furthermore is President Obama’s nominee to fill a vacancy on the United States Court of Appeals for the First Circuit in Boston, did his very bestest with his mad legal skillz to come up with a “kill ’em all, let Obama sort ’em out” memo he could be proud of.

Still, this topic prompts two questions:

What kind of human being would accept such an assignment? Did anyone check for a belly button?

How badly would such a person have to mangle the English language, logic, Constitutional law and legal precedent, in order to extract the justification for mass murder he was asked to produce?

I haven’t seen the drone memo, but Senator Rand Paul has. Whatever legal hocus-pocus Barron deployed didn’t convince Paul. “There is no legal precedent for killing American citizens not directly involved in combat and any nominee who rubber stamps and grants such power to a president is not worthy of being placed one step away from the Supreme Court,” Paul said in a statement.

I’ll bet my next couple of paychecks that Paul is correct — and that Barron’s sophistry wouldn’t withstand a serious court challenge, not even before a panel of a dozen Antonin Scalias. After all, we’ve been here before.

Shortly after 9/11, Dick Cheney and his cadre of neo-con fanatics ordered the White House Office of Legal Counsel, the same entity behind Barron’s drone memo, to come up with a legal justification to give Bush legal cover for torturing suspected terrorists. When they emerged, the Torture Memos were roundly derided by legal experts as substandard, twisted and perverse readings of the Constitution, treaty obligations and case law. Read them. You’ll see.

In 2010, the Justice Department decided not to file charges against Torture Memo authors John Yoo and Jay Bybee on the grounds that the two men weren’t evil — just dumb. (Can’t they be both?) The Torture Memos, they ruled, were shoddy. That, I’m as sure as I can be about something I haven’t seen yet, will be the case with the drone memo.

As with Yoo and Bybee, both of whom went on to prosper in the legal profession rather than warm the prison cells they both richly deserve, Barron probably won’t lose anything as the result of his work on the drone memo. He’ll be a federal judge.

Yet another heavy stone on the grave of America’s once-vaunted professional class.

(Ted Rall, staff cartoonist and writer for Pando Daily, is author of “Silk Road to Ruin: Why Central Asia is the New Middle East.” Support independent journalism and political commentary. Subscribe to Ted Rall at Beacon.)

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