Joseph Amendola, Esquire, does NOT work in my law office

Why, oh why, does an attorney state the results of attorney-client work product and even attorney-client communications in front of a TV camera? Why tell Anderson Cooper whether a client communicated with you and what those communications were?

Who in the name of mighty Thor congratulates the prosecution for convicting his client of felonies? Criminal trials are not tennis matches; they aren’t about the lawyers. It’s professional to shake the hand of the opposing counsel at the conclusion of the proceedings, but don’t give your opponent that kind of laudatory treatment; the case is still active, sentencing awaits, the appeal period hasn’t lapsed, and even then it’s still a serious mistake.

Who chooses to broadcast to the universe that both the prosecution and the bench did exemplary jobs, grossly undercutting any future appeals on such issues?

Who hides behind the excuse of a lack of time when there’s six months to prepare and the case is the biggest case of the attorney’s career, as if he couldn’t afford an associate or two to pitch in? What, too many driving while suspended cases get in the way in March?

Even if these comments are somehow acceptable to the client, how does a client give informed consent to such injuries to the client’s legal position? How does this help a client at sentencing, motions to reconsider? Does the client have an available motion for a new trial or to set aside the verdict, or for a mistrial; if so, doesn’t this media foolishness damage or at least distract from that work?

We still have a duty to our clients not to damage their cases for our own camera-mugging benefits, even if clients give consent and even if that consent is fully (?) informed or even confirmed through an ethics consultation with an independent attorney (severely doubtful.) Even if they are charged with sexual offenses. Even if they are convicted of sexual offenses. ESPECIALLY in those cases.

How can an attorney claim to have valid appeal issues while ruining as appeal topics two of the major sources of appeal issues in a criminal cases: the conduct of the prosecution and the conduct of the bench!!! More generally, who benefits from these media events – Jerry Sandusky or perhaps Mr. Sandusky’s family, or whoever sells hot tubs and vacation packages to Joe Amendola? Joe’s taking of big Joe here, and not taking care of the client.

The media comments last night on CNN and elsewhere were clinics on how to violate one’s fiduciary duties to clients. I hope that every professional ethics professor in every US law school uses Joe Amendola as an example of what NOT to do. Every law student should see this mess. PA’s ethics rules are not identical to Maryland’s, but they are both modeled after the ABA Model Rules of Professional Conduct; they are about 90-95% similar or more.

But don’t believe me. Watch.

and more with Anderson Cooper (is laughing and asking “is she cute?” re: a media staffer the right comment after your client just got convicted of 45 felonies and misdemeanors?)

Posted by Bruce Godfrey

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