hobbyjogger
Joined 11 years ago
Joined 11 years ago
Consider that Boies makes more in a (long) day working for Weinstein than some public defenders stand to make in a year. Boies has plenty of other clients he could work for and be paid lucratively - public defenders don't have the luxury of choosing their cases (and aren't in it for the money).
Consider that skilled developers might, on principle, prefer not to work at Facebook/Google or in the defense industry, etc. Maybe they just don't agree with the means and ends that a company uses to generate large profits (and salaries). So sure, a good attorney might prefer not to use his or her rare talents to support a business that gets paid millions of dollars to support/justify a cause/person/business/policy that the attorney doesn't personally agree with. Nothing wrong with that - and certainly not proof that the legal system (or tech industry) has been "taken over" by those who simply prefer to work at other firms with missions they believe in.
I'm just pointing out the obvious: there's an enormous difference between (i) an indigent defendant's right to a public defender in a murder trial and (ii) the "right" to be represented in a civil suit by one of the most successful, famous and expensive lawyers in the country. The first is a constitutional right - the second is a market transaction (on both sides).
I became skeptical right off the bat when she compared Boies' civil representation of Weinstein (at ostensibly $2,000+ per hour) to the defense attorneys who volunteered to represent Guantanamo detainees.
I work at a law firm that does public M&A deals and we occasionally get inquiries from the SEC about, e.g., people that went to my high school (but a different class year) who bought stock in a company my firm did work for in the months leading up to the deal. Obviously neither me or the other person ever worked at either company (or even had any connection to them), but they still identify us as a potential risk because I could have potentially obtained insider info through the firm and then passed it on.
It's extremely rare, approaching nonexistent, for laws to have a precise, deterministic meaning because the vast majority of human language doesn't either. Here's a good example from CodeX (Stanford Center for Legal Informatics) that assesses an extremely simple law, which contains a surprising amount of ambiguity[0]:
> "One technical problem with Computational Law, familiar to many individual with legal training, is due to the open texture of laws. Consider a municipal regulation stating "No vehicles in the park". On first blush this is fine, but it is really quite problematic. Just what constitutes a vehicle? Is a bicycle a vehicle? What about a skateboard? How about roller skates? What about a baby stroller? A horse? A repair vehicle? For that matter, what is the park? At what altitude does it end? If a helicopter hovers at 10 feet, is that a violation? What if it flies over at 100 feet?
[0] https://law.stanford.edu/2016/01/13/michael-genesereths-comp...
> After close inspection of the OpenFisca code, a discrepancy was located with the Catala implementation. Indeed, according to article L755-12 of the Social Security Code, the income cap for the family benefits does not apply in overseas territories with single-child families. This subtlety was not taken into account by OpenFisca, and was fixed after its disclosure by the authors.
Here's the pull request for their fix to the benefits simulator: https://github.com/openfisca/openfisca-france/issues/1426
Without missing a beat, he countered, "Maybe I was going the other way..." and sort of moonwalked back the way he came.