Rudy Giuliani, meet the NY State Rules of Professional Conduct

[Dread Pirate Roberts]

I hate to do this early in the morning but listening to Giuliani's crazy excuses for Trump just makes ME crazy. Especially since they only make sense if you live in an alternate universe. Lawyers don't pay money out on behalf of their clients. They don't settle cases with out their knowledge. They don't front settlement monies for their clients. Retainer fees are not for reimbursement of settlement payments-they're for paying for work that will be done. There are ethical reasons why these things don't happen. Not the least of which is that lawyers are not supposed to lend their clients money. There are limited circumstances where they can, like paying filing fees and fees for expert witnesses on the promise they will be reimbursed at the end of litigation.

(e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:

(1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and

(2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client.

but the real rule is here. Rule 1.8 which is New York's admonishment not to lend your client money unless there is a written agreement and consent IN WRITING from the client. Rudy says he does this kind of thing all the time! Really Rudy? Maybe you skipped school they day they taught ethics. I know it's kind of a boring class.

The more they flail around trying to explain things away, the more stupid stuff they say. They should have went with the Blues Brothers excuse. You know, an old friend came in from out of town, my tux didn't come back from the cleaners, a terrible flood, locusts! Anyway, you just don't pay money out on behalf of your clients as a loan because it puts you in a conflict of interest situation, not that ethics mean anything to any of these people.

RULE 1.8.
Current Clients: Specific Conflict of Interest Rules

(a) A lawyer shall not enter into a business transaction with a client if they
have differing interests therein and if the client expects the lawyer to exercise
professional judgment therein for the protection of the client, unless:

(1) the transaction is fair and reasonable to the client and the terms of the
transaction are fully disclosed and transmitted in writing in a manner that
can be reasonably understood by the client;

(2) the client is advised in writing of the desirability of seeking, and is given
a reasonable opportunity to seek, the advice of independent legal counsel
on the transaction; and

(3) the client gives informed consent, in a writing signed by the client, to
the essential terms of the transaction and the lawyer’s role in the transaction,
including whether the lawyer is representing the client in the transaction.

[hlthe2b]

1. It enrages me for so many reasons.. not the least is that Giuliani's behavior reinforces

unfortunate ageist stereotypes that goes against the many highly trained lawyers, physicians, academicians, engineers, veterinarians, dentists, nurses, business and tech specialists, and on and on and on--who KEEP UP WITH THEIR PROFESSION throughout their career even if they continue well into their later years. Granted, I think Giuliani's problem is not JUST that he hasn't practiced law in so many decades, probably never really learned some aspects of the law (election) related to issues today, but may have some mental decline at play. But, he is NOT representative of countless numbers of other highly trained professionals in his age group. His arrogance likewise is at play in assuming he KNOWS what he never apparently learned.


Contrast Giuliani (73 yo) with the sharp as tack and eloquent Laurence Tribe (76 yo) as but one example.

[Dread Pirate Roberts]

2. It's not like this is some new rule

Lawyers aren't supposed to lend money to their clients. It's not like he needed to attend a continuing legal education class to be up on that. I wouldn't blame age. His reputation was never based on his skills in the courtroom. Giuliani's always been a creep. Although the older he gets the creepier he looks. Then again, he looked pretty weird as a young man too.

[hlthe2b]

3. agree he has no excuse for the ethics piece, but not knowing election law is

I think, both arrogance and failure to have "kept up"...in addition to some shitty "lawyering"...