2015.10.20 Elizabeth Parker - Defense Attorney representing CWW

  • #81
I was thinking why would she take this on for someone like CWW with no appeal. Not good looking. Not young. Although we have several WS falling in love after seeing him in the stunning suicide dress.

OK. Beach nailed it with the book deals and movies that I had forgotten that the Sheriff talked about. I wonder if the lawyer talked to CWW ahead of time and determined that indeed this was book worthy. Would she be able to see info from LE before she took the case?

Ugh. After the Anthony " trial" and then subsequent events such as Ashley Madison reveals, lawyer shenanigans are no surprise.

BBM. Even though it is against ABA rules for an attorney to enter into agreement with a client for publication rights in lieu of, or in addition to cash payment...I can't help but wonder if that's what might be going on here.
 
  • #82
Not if it was for the witness list for the grand jury first degree charges. In the state of Florida, it is private at this time, and the defense attorney cannot get it. :moo:

if they are going to the grand jury for any of the three they can put people on the stand,that don't want to be on the stand, and they have to testify under oath and that information is not released even through Freedom of Information Act.

Interesting prosecution strategy and timing on all of this case in my opinion.

Yep, I expect to see the defense assert CWW's right to a speedy trial to force the prosecution's hand re: evidence at this point in the game. JMO, maybe this was expected and that's why the prosecution didn't overreach for first degree.:moo:
 
  • #83
Could JR be talking?

Yes. JR could be talking, even from Missouri. If LCSO interviewed JR in Missouri, those officers could testify as to what JR said before a grand jury.
 
  • #84
I see it as a failure. She was not savvy enough to allow the jury to be individually questioned in a manner that would have maintained the integrity of the case. Rather, she opposed the request for the jury to be individually questioned and now the case is overturned. From what I have read, there was a mountain of evidence in this case, including the perpetrator on tape in multiple scenarios. To not allow the jury to be questioned regarding their exposure to pre-trial publicity was short sighted and now she has left her old office with having to retry this case. She then went out and wrote a book about it. To me, that = questionable ethics, and substandard lawyering. I hope the sub-standard part holds true for her defense of CWW, who she is clearly representing for the publicity in my opinion.

I haven't found a link that supports your view that Elizabeth Parker failed in the Dalia Dippolito case. I did read the "DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT" opinion which states that the trial court erred, not the prosecution, during jury selection.

Here's a link to the opinion for everyone to read and decide.


http://www.local10.com/blob/view/-/27225726/data/1/-/a97qh1z/-/Dalia-Dippolito-4th-DCA-ruling.pdf
 
  • #85
BBM. Even though it is against ABA rules for an attorney to enter into agreement with a client for publication rights in lieu of, or in addition to cash payment...I can't help but wonder if that's what might be going on here.

I think that is exactly what is going on here. I highly suspect she sought him out and offered her services at a greatly reduced rate.
 
  • #86
SMS "books will be written" CWW "book proceeds and my cooperation on a book if you get me off" EP (attorney and established author) "Bestseller!" Makes me sick.

Makes me sick too! How about this - the Judge directs that nobody directly involved in the case can profit from it. How long will the private attorney stick around?
 
  • #87
BBM. Even though it is against ABA rules for an attorney to enter into agreement with a client for publication rights in lieu of, or in addition to cash payment...I can't help but wonder if that's what might be going on here.

Agree. That's the old Catch 22. Lol.

Thanks CS.
 
  • #88
I haven't found a link that supports your view that Elizabeth Parker failed in the Dalia Dippolito case. I did read the "DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT" opinion which states that the trial court erred, not the prosecution, during jury selection.

Here's a link to the opinion for everyone to read and decide.


http://www.local10.com/blob/view/-/27225726/data/1/-/a97qh1z/-/Dalia-Dippolito-4th-DCA-ruling.pdf

To me, it was a failure to convince the jury that her client was not guilty. Great audio (with subtitles!) on youtube of 11 minute phone call of DD to her intended murder victim trying to convince him that she was innocent. He confronts her about the video and audio of her discussing the murder with the undercover "hitman". It's an excellent example of (trying) to manipulate someone into not believing what they saw and heard. Reminds me of the killer in a recent trial in Arizona... DD:


youtube.com/watch?v=izWHxxeLWPc
 
  • #89
Makes me sick too! How about this - the Judge directs that nobody directly involved in the case can profit from it. How long will the private attorney stick around?

The ethical rules governing lawyer conduct covers this issue. If Parker expressly or impliedly takes an interest in the publishing rights, she creates a massive conflict of interest concerning her representation of CWW. Essentially, if a defense attorney takes an interest in the media rights to the story, if convicted, the defendant will most likely have that conviction overturned by arguing that the attorney did not adequately represent him due to the conflict. The rule is designed to protect defendants from attorneys who would be tempted to focus more on what would make a good book v. what would make a good defense during trial.

I'm sure there are ways around this rule, but I don't know if Parker would risk an ethical violation so serious.
 
  • #90
BBM. Even though it is against ABA rules for an attorney to enter into agreement with a client for publication rights in lieu of, or in addition to cash payment...I can't help but wonder if that's what might be going on here.

And Creepingskills, the camera time, so much camera time...
 
  • #91
T
The ethical rules governing lawyer conduct covers this issue. If Parker expressly or impliedly takes an interest in the publishing rights, she creates a massive conflict of interest concerning her representation of CWW. Essentially, if a defense attorney takes an interest in the media rights to the story, if convicted, the defendant will most likely have that conviction overturned by arguing that the attorney did not adequately represent him due to the conflict. The rule is designed to protect defendants from attorneys who would be tempted to focus more on what would make a good book v. what would make a good defense during trial.

I'm sure there are ways around this rule, but I don't know if Parker would risk an ethical violation so serious.

We shall see. She can be represented by others in the book and movie. Good enough. She does not have to write it herself to benefit
 
  • #92
BBM. Even though it is against ABA rules for an attorney to enter into agreement with a client for publication rights in lieu of, or in addition to cash payment...I can't help but wonder if that's what might be going on here.

The ethical rules governing lawyer conduct covers this issue. If Parker expressly or impliedly takes an interest in the publishing rights, she creates a massive conflict of interest concerning her representation of CWW. Essentially, if a defense attorney takes an interest in the media rights to the story, if convicted, the defendant will most likely have that conviction overturned by arguing that the attorney did not adequately represent him due to the conflict. The rule is designed to protect defendants from attorneys who would be tempted to focus more on what would make a good book v. what would make a good defense during trial.

I'm sure there are ways around this rule, but I don't know if Parker would risk an ethical violation so serious.

The ABA rules wouldn't apply (to anyone--they're just suggestions), but the Florida Rules of Professional Conduct (which would apply) prohibit even negotiating such an agreement until the representation ends.

RULE 4-1.8 CONFLICT OF INTEREST; PROHIBITED AND OTHER
TRANSACTIONS


...

(d) Acquiring Literary or Media Rights. Prior to the conclusion of representation of a
client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media
rights to a portrayal or account based in substantial part on information relating to the
representation.

-------------------
On the other hand, she might be interested in the media exposure alone.
 
  • #93
In some photos, she looks like she could be CWW's sister.


iu


http://www.mypalmbeachpost.com/photo/news/crime-law/john-goodman-trial/pCRSdM/

Even with all the $$$ in the world & numerous trials after trials, this didn't end very well for JG---I hear he's broke now ! And this case cost the taxpayers of Palm Beach County a bit of dough too.

I hope that this case represented in the pic above isn't EP's claim to fame as an attorney.....

....oops...on the other hand maybe it will go the same way for CWW??!!! One can only hope!
www.wpbf.com/news/goodman-jury-foreman-we-had...in.../29443982
Oct 31, 2014 - John Goodman's trial lasted 14 days, but it took the jury just 15 minutes to reach a guilty verdict. ... Sadler said once the jurors selected him as foreman, he asked them all to vote and ... He did praise Goodman's attorney, Elizabeth Parker, for her ... “I think that Mr. Goodman did not show any type of remorse.
 
  • #94
indigent status application and he retains Parker as a private attorney. These two facts totally conflict IMO. I am wondering if the CI may be someone in the envelope. Is that logistically even a possibility?


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  • #95
indigent status application and he retains Parker as a private attorney. These two facts totally conflict IMO. I am wondering if the CI may be someone in the envelope. Is that logistically even a possibility?


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I think it is possible that if there is in fact a CI, said person(s) could include those in the "envelope." For all we know it could be JR, MS, both,CWW's wife, JR's gf, a friend of MS, or a person(s) we have yet to read about.
 
  • #96
The ABA rules wouldn't apply (to anyone--they're just suggestions), but the Florida Rules of Professional Conduct (which would apply) prohibit even negotiating such an agreement until the representation ends.

RULE 4-1.8 CONFLICT OF INTEREST; PROHIBITED AND OTHER
TRANSACTIONS


...

(d) Acquiring Literary or Media Rights. Prior to the conclusion of representation of a
client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media
rights to a portrayal or account based in substantial part on information relating to the
representation.

-------------------
On the other hand, she might be interested in the media exposure alone.

Thanks AZ. How about SMS? Can he write a book when he retires? I would love to hear his story.
 
  • #97
I think it is possible that if there is in fact a CI, said person(s) could include those in the "envelope." For all we know it could be JR, MS, both,CWW's wife, JR's gf, a friend of MS, or a person(s) we have yet to read about.

Can I vote all of the above? :thinking:
 
  • #98
The ethical rules governing lawyer conduct covers this issue. If Parker expressly or impliedly takes an interest in the publishing rights, she creates a massive conflict of interest concerning her representation of CWW. Essentially, if a defense attorney takes an interest in the media rights to the story, if convicted, the defendant will most likely have that conviction overturned by arguing that the attorney did not adequately represent him due to the conflict. The rule is designed to protect defendants from attorneys who would be tempted to focus more on what would make a good book v. what would make a good defense during trial.

I'm sure there are ways around this rule, but I don't know if Parker would risk an ethical violation so serious.

Having gotten to know several different types of attorneys over the years, very few of them are worried at all about "ethical violations", at least in MO! They routinely violate professional ethics without worry and without ever even getting a reprimand! How?? Because they ALL know each other and OWE each other favors!! I personally consider it corruption - sometimes in the extreme. But they all know they are doing it so they all get away with it and the only people who ever suffer are their clients and the victims and their families. Obviously, I have a very low opinion of most attorneys. I've seen them screw too many people over, even their own clients, which is why I believe we need to completely restructure the justice system so that perhaps there will actually BE some justice!
 
  • #99
What should attorneys do, when they find out that their client is guilty as hell?
 
  • #100
What should attorneys do, when they find out that their client is guilty as hell?

My guess would be that they can resign from the case. But lawyers do knowingly represent guilty folks. My guess on that would be to make sure the guilty party isn't overcharged.
 

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