As anyone who understands baseball stats will know, if you go 0-fer long enough, your batting average is never going to recover. You’ll never get back above the Mendoza line. That’s what I thought of when I saw this item on the home page of Lowering the Bar today:
At least temporary congratulations to the three former leaders of Dewey & LeBoeuf, following a mistrial today on no fewer 93 criminal charges. The jury has already acquitted them on 58 other charges that also arose from the bankruptcy and collapse of that ginormofirm, and today said it could not reach agreement on the remaining 93. Does that suggest it might have been overkill to prosecute them for 151 separate crimes? I do not know, but so far the prosecution is 0-151.
I know it’s inside baseball (if I may mix my metaphors), but I have been following the news about Dewey & LeBoeuf with some interest. Dewey & LeBoeuf was a very large law firm that went out of business a few years ago, leaving a huge amount of unpaid debt. Three of the executives of the firm (not all of whom were lawyers) ended up getting prosecuted for allegedly misleading the firm’s creditors.
I think the story is interesting to me mostly because it’s so far removed from my experience as a lawyer. I can’t get my head around the idea that a law firm would raise capital by selling bonds, as if it was General Motors or General Electric.
As for the prosecutors who went 0-for-151, will they get sent down to the minors?
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