The Secret of Success

From Andrew Lavoott Bluestone’s  New York Attorney Malpractice Blog comes this  great story from the  American Statesman about an accountant who has started a law biz that guarantees it can free any federal inmate. 

“A small Austin company, International Legal Services, advertises that it can free just about any federal prison inmate on appeal, even those who pleaded guilty or confessed — a dubious claim that even the most prestigious law firms would never make.”

Well, there you go.  Who needs lawyers?  My favorite part of this quote is that “even the most prestigious law firms” wouldn’t make that claim.  So what dubious claims would the most prestigious law firms make?

It seems that this former accountant, Tony Davis, having done 5 1/2 years of hard time himself, has decided that Congress screwed up back in the Truman era and that this mistake voids all federal convictions.  Hey, Jamie Spencer, sounds like you’ve got some competition down there in Austin.  Of course, Davis’ argument didn’t work for him, and has never worked for anyone else.  In fact, the 7th Circuit responded to his argument in a one sentence opinion: “This case is unbelievably frivolous,” Don’t you love it when a court’s opinion is concise?

But here’s the part that really tells us something important.  About 160 inmates have paid this fellow $17,500 for his services, generating gross revenues of $2,800,000.  That’s right, $2.8 Million.  That’s the sum of money that has been stolen from desperate men and women.  It’s also the sum of money that has been diverted from appellate and post-judgment attorneys who could potentially offer a chance at success, slim though it may be.  But then, real lawyers can’t guarantee success.

This isn’t the first scam designed to take advantage of the desperation of men and women in prison, facing long sentences with no hope of returning to their homes and families anytime soon.  They will do anything for a second (or third) chance.  No matter how ridiculous the claims, if it is presented with confidence they will pay anything for the chance. 

Adding insult to injury, I’ve seen these scams perpetrated by real lawyers, unlike this Tony Davis with his magic bullet, and steal far more than $17,500 per client.  I know of a well-known lawyer who will go to big-time defendants and sell them that for half a million, he can get an inside guy to change their time in the computer so that they can get out in a year.  Shockingly, some prisoners go for it.  Their drug money is worthless to them in prison for 30 years, so they will pay anything to get out.  Amazingly, this lawyer is still alive, no doubt a testament to his glibness.

Some wags might contend that there’s a certain poetry to someone stealing from convicted prisoners.  Perhaps even a symmetry when the thief is a lawyer.  For me, this is merely wrong, for moral, ethical and legal reasons.  Poetic justice would be that people like Tony Davis (and my well-known lawyer) should spend more time with their clients.  More time, like 30 years in the same cell.


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