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8 or so bees in my bonnet

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ethics [Oct. 19th, 2005|04:45 am]
8 or so bees in my bonnet
[music |amon tobin-the nasty]

i find it hard to believe eugene's actions in this case.

ps. i have tried very hard to understand eugene's actions in this case.

a) he has to believe in the system
b) he believes the system will win in the long term
c) he's a drama queen
d) he's a robot
e) it's out of character
f) he could see the outcome

[User Picture]From: roses_rejoice
2005-10-19 09:07 am (UTC)
i don't watch the show. what did he do, exactly?
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[User Picture]From: recrea33
2005-10-20 09:46 pm (UTC)
the practice are defending a firm against a damages action from a large medical insurance firm: a kid who has been knocked down and has impared short term memory.
the firm's own doctor spots an life threatening anurism in the kids mri scans but the firm wants the practice to sit on the imformation (because they'll have to pay out more)

a pretty simple moral dilemma one would think. bobby, jimmy and eugene are party to the information. it is jimmy that does the right thing and tells the family about the anurism hence saving the kids life, but he has forgone client privelege which is at the core (if not the heart of the legal profession)

the insurance firm won't report jimmy to the bar commitee because of the adverse publicity it would cause them but jimmy gets reported anyway. 'who the fuck by?!' we ask. step forward eugene.

'why the fuck?' we ask.

we are given a somewhat lame excuse that his brother was convicted by police not following the rules so he has to believe in the rules.

like i say. out of character.

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[User Picture]From: roses_rejoice
2005-10-20 09:59 pm (UTC)
well, if jimmy didn't call the bar committee himself before he went blabbing to the kid's family and ask wtf he should do in this circumstance, he's a flaming idiot and probably deserves a license suspension. rule one when you hit a sticky client privilege issue, or any other sticky issue, is "call the bar committee first". you get penalized more when you just go do something and don't check with them first, than you do if you make a good faith effort to see what action to take and maybe get some stuff on paper about why you are doing what you do and so forth.

also, i can't believe that something as critical as an aneurysm in a brain injury case wouldn't come out in discovery if they were all the way to litigation at this point. i suppose it's probably happened though (most things have).

i really hate the way tv presents lawyers, their ethical dilemmas, and everything about the profession. law and order is a little bit on point (although it veers off into fantasy land a significant percentage of the time), every other show is just truly awful and stupid.
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[User Picture]From: recrea33
2005-10-20 10:27 pm (UTC)
yeah it was too contrived and
yeah he should have resigned first. dumb.
but still
he's still learning.
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[User Picture]From: roses_rejoice
2005-10-20 10:01 pm (UTC)
by the way, if you were in a firm and your partner broke privilege and you knew about it and didn't speak to the bar committee you'd probably be losing YOUR license next.
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[User Picture]From: recrea33
2005-10-20 10:29 pm (UTC)
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[User Picture]From: roses_rejoice
2005-10-21 12:05 am (UTC)
haha, i guess it would not make very good tv for eugene to say "i'm sorry but i don't want to lay awake nights worrying about losing my law license over you, old pal"
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[User Picture]From: recrea33
2005-10-21 12:12 am (UTC)
which is why he is the odd one out amisdst a bunch of 'fly by nights'
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