Thu, Nov. 08, 2007

Jail for DA and Lawyer

CK - Washington.   Recently, a Mannheim DA and a Munich attorney have been sentenced to jail for bizarre conduct. The DA received a suspended sentence of eight months for passively neglecting and actively suppressing the prosecution of a criminal case. He suffers from a mental condition, lawblog reports on November 7, 2007. It may have worked in his favor.

On November 6, 2007, Winkelschreiber blog alerts to a full court decision published in the TAZ newspaper on the sentencing to six months in jail of an attorney widely despised for extreme cease-and-desist activities and arrogance. In the matter (276 Ds) 63 Js 6608/06 (58/07), the Tiergarten court in Berlin convicted the lawyer of attempted fraud under sections 263, 22, 23 of the German criminal code.

Following a cease-and-desist demand on the paper because of an unwanted email, the defendant billed TAZ in accordance with the German cost rules for his legal fees and also obtained a court order to enforce his fee claim. The paper paid but armed with the order, the lawyer attached the paper's domain name and initiated action to auction if off.

TAZ managed to rescue its domain name as a result of extraordinary action by its counsel, the court noted. The court did not buy the defendant-lawyer's excuse that his office was chaotic. Because of his priors, the court would not suspend the sentence, and the matter is now under appeal.

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