Harvard Prof(Dershowitz) Goads Michael Avenatti Into Admitting He Broke Ethics Rules

Harvard Prof Goads Michael Avenatti Into Admitting He Broke Ethics Rules

Stormy Daniels’ lawyer Michael Avenatti has staked his reputation on destroying Donald Trump. But now he’s destroyed himself from a legal position, publicly and on live TV.

In an exchange on “Anderson Cooper” Friday night, Avenatti allowed esteemed Harvard University professor Alan Dershowitz to goad him into admitting he broke rule 4.2 of the American Bar Association.

The issue is pretty straightforward. A lawyer cannot speak to a person or party represented by other counsel without that counsel’s permission. The point of having legal counsel is to legally protect yourself. When a lawyer doesn’t respect this, he or she violates the American Bar Association’s ethical codes of conduct. It strains credulity to interpret Avenatti’s comments in the Anderson Cooper segment as anything but a direct violation of these standards.

Dershowitz challenged Avenatti via Twitter: “I didn’t say @MichaelAvenatti was wrong, but that if he’s right, how did he access that confidential info? He implied there were more Trump tapes. Guiliani says there’s only one with Trump’s voice. Let’s see who is right.”

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So Avenatti's arrogance may have finally done him in... He went on Anderson Cooper360 and squared off against Dershowitz. During the exchange it was pointed out to Avenatti that speaking to a person who already has retained counsel is a violation of the ABA code of ethics. Trump's former attorney, Cohen, has retained a lawyer to deal with the mess he is in.

Avenatti recently disclosed knowledge about the number of tapes Cohen had that involved Trump. When Dershowitz pointed out he should not have that information Avenatti became even more arrogant. Dershowitz noted that the only way he could have obtained that info was if he had a conversation with Cohen outside the presence of Cohen';s lawyer. Apparently this was the case and Avenatti apparently made contact with Cohen at a restaurant and obtained the info from Cohen without Cohen's lawyer being present or having any knowledge of the meeting.

Avenatti's explanation -

Avenatti’s response was a bluster of red herrings: “Alan, let me say this: you keep saying you don’t want to get personal with me and you keep getting personal with me…I’m gonna tell you I don’t appreciate. I’m willing to put up my track record on the last six months on this case up against yours any day of the week. I have been very, very accurate in my predictions and the statements I’ve made…”

Under the ABA code of ethics once a person retains counsel you are required to go thru their lawyer for all contact. Knowing the person retained counsel and failing to go thru the lawyer is a huge no no and can result in an ethics complaint and a hearing that can result in possible disbarment. During this exchange Avenatti made things worse when he told Dershowitz he didn't know what he was talking about and then commented that the tapes Cohen had on Trump weren't even the best part of whats coming.

Blah, blah, none of this is relevant. Almost nothing Avenatti said was remotely relevant to the topic of the discussion, except for this: “This information on the Trump Tower meeting — that’s not the best information Cohen has.” To which both Cooper and Dershowitz responded: “How do you know that?”

The moment he made that comment both, Dershowitz and Anderson Cooper, replied with "How do you know that".

Avenatti, becoming even more arrogant, attempted to explain it away and in the process made this comment -

Avenatti’s then claimed Dershowitz shouldn’t talk about things he doesn’t know anything about. He went on at some length about how Dershowitz doesn’t have access to any communications between Avenatti and Cohen’s counsel in the past or present.

The problem with that comment?

This is significant for two reasons: It affirms that Avenatti understands the principle of rule 4.2, and it implies that there was communication between Avenatti and Cohen’s legal counsel.

The remainder of the interview / exchange was Avenatti launching personal attacks on Dershowitz and continuing to claim he has no idea what he is talking about. Dershowitz has been practicing and teaching law longer than Avenatti has been alive.

In the end it looks like Avenatti was his own worst enemy...

Should be interesting to see how this plays out...

I liked the part at the end where Assenatti attacked Dershowitz students because he knew that he just ratted himself out. Better than SNL.

a reply to: Xcathdra


LMAO!! OMG! This is Cohen and Trump's way to get rid of Avenatti!
I wonder who he thought he was talking to? Dershowits is one of the most knowledgeable legal representatives in America. What an idiot Avenatii is. lol

a reply to: Xcathdra

I love seeing that scumbag squirm.

a reply to: Xcathdra

I must have missed a connection. Why is Avenatti involved in a Cohen conversation? I thought he is (was?) Stormy Daniels' lawyer.

And, who will file this complaint against Avenatti? Dershowitz?

a reply to: highvein

Just going by what's in the video, it looks like a prime example of a lawyer letting his ego get completely away from him, and making himself look like a complete idiot, or worse.

You can't go into an interview, and debate someone like Alan Dershowitz, and think you can bullsnip your way through it. Hell, I think even Cooper was thinking "Whoa Hoss, maybe you should just slow your roll here, before you make yourself look like a COMPLETE idiot!".

It doesn't matter if you hate or love the guy, it's always uncomfortable watching someone dick themselves on live TV.

It's like watching the Quint chalkboard scene in Jaws. It just heebs me out...

Crap. Now every time I close my eyes, that scene is gonna play over and over...

originally posted by: carewemust
a reply to: Xcathdra

I must have missed a connection. Why is Avenatti involved in a Cohen conversation? I thought he is (was?) Stormy Daniels' lawyer.

And, who will file this complaint against Avenatti? Dershowitz?

Because he's made himself the de facto lawyer for all things anti-Trump.

I find it interesting that when Dershowitz quoted media reports of a 'restaurant meeting' with Cohen, seemingly expecting him to deny it, Avenatti replied with an answer suggesting he met Cohen's counsel "before the restaurant meeting". In other words, confirming the breach of ethics which Dershowitz was implying...

He #ed up as soon as he agreed to talk to or debate dershowitz.

Haha

a reply to: Rewey

Cohen's lawyer all ready made it clear he violated ethics. He sent him an official letter telling him all correspondence must be through legal council.

They also say he's a liar and they havnt been working with him.


www.washingtonexaminer.com...

a reply to: Xcathdra


Ummm...well...shouldn’t that be spelled...Assinhatti...

#assinhatti...ha...ha...








YouSir

Avenatti and ethics should not be in the same sentence.

originally posted by: carewemust
a reply to: Xcathdra

I must have missed a connection. Why is Avenatti involved in a Cohen conversation? I thought he is (was?) Stormy Daniels' lawyer.

And, who will file this complaint against Avenatti? Dershowitz?

When Cohen retained counsel he was trying to work out a deal involving the mess he is in. The consensus by some was that Cohen would flip on Trump (even thought its been stated numerous times his legal issues have nothing to do with Trump and Trump is not involved). Avenatti is gunning for Trump and maybe thought he could get with Cohen to get info that would bring Trump down.

originally posted by: rickymouse
Avenatti and ethics should not be in the same sentence.

Avenatti has ethics that would raise eyebrows in the Court of Caligula.

Avenatti is already facing disbarment in California.

Fox News reported on it back in May.

A business he owned was withholding taxes from workers' paychecks as required, but never paid those taxes to the government.

All in all, he's a really crappy lawyer. By leaking the Cohen tape, he's exposed himself to disbarment (again), or even federal prosecution.

He & Cohen deserve each other.

originally posted by: dragonridr
a reply to: Rewey

Cohen's lawyer all ready made it clear he violated ethics. He sent him an official letter telling him all correspondence must be through legal council.

They also say he's a liar and they havnt been working with him.


www.washingtonexaminer.com...

Hmmm, you're right. I guess we don't need him to imply anything when it's right there in black and white.

There are two parts of that article which stand out to me. First, this:

According to Cohen’s lawyer Brent Blakely, Avenatti reached out to Blakely and requested that they meet this week in New York to talk about a possible settlement...

I'd be asking why the hell they're suggesting a settlement, when the first settlement payout of $130k was obviously pointless. And second:

Cohen paid her $130,000 in exchange for her silence on the affair, but she filed a lawsuit earlier this year claiming the nondisclosure agreement she signed should be nullified because Trump didn’t sign it.

I'd really like to hear from Avenatti about what advice he's given Stormy about this. An NDA is NOT a contract between two parties, it's a signed agreement by one party only to not talk about something. I ask people to sign NDA's all the time in my line of work. Not once have I ever signed on behalf of my company. There's exactly zero reason for Trump to have signed the NDA, and I'm surprised this hasn't been put to Avenatti or Stormy. No wonder they're hoping for a settlement...

a reply to: MteWamp


I think Avenatti just proved why he is crap lawyer. lol

originally posted by: highvein
a reply to: MteWamp


I think Avenatti just proved why he is crap lawyer. lol

We can't make this stuff up and yet these fools keep making mistakes. I am worried they are playing the fool for another end non related to DJT.

originally posted by: Justoneman

originally posted by: highvein
a reply to: MteWamp


I think Avenatti just proved why he is crap lawyer. lol

We can't make this stuff up and yet these fools keep making mistakes. I am worried they are playing the fool for another end non related to DJT.

What end would that be?

Avenatti just keeps digging that hole doesn't he.