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> Appearing in court without representation From https://lavabit.com https://lavabit.com : > It took a week for me to identify an attorney who could adequatel
by tonmoy 10y ago
> Appearing in court without representation
From https://lavabit.com https://lavabit.com :
> It took a week for me to identify an attorney who could adequately represent me given the complex issues involved – and we were in contact for less than a day when agents served me with a summons ordering me to appear in a Virginia courtroom (over 1,000 miles from home). Two days later, after admitting their demand to my lawyer, I was served a subpoena for the encryption keys – also marking the first time they put their demand in writing.
With such short notice, my first attorney was unable to appear alongside me in court. Because the whole case was under seal, I couldn't admit to anyone who wasn't a lawyer that I needed help, let alone why. In the days before my appearance I would spend hours repeating the facts of the case to a dozen attorneys, as I sought someone else that was qualified to represent me. I also discovered that as a third party in a federal criminal indictment, I had no right to counsel. Thus my pleas for more time were denied. After all, only my property was in jeopardy – not my liberty. My right to a “fair hearing” was treated as a nuisance, easily trampled by a team of determined prosecutors. In the end, I was forced to choose between appearing alone, or face a bench warrant for my arrest.
- Pyxl101 10y agoA person who is running a business focused on this kind of privacy should have counsel for their company set up and ready to go. The fact that they didn't was another sign that the company was unprepared for the business that they were handling. I'd expect someone running this sort of business to have an attorney on retainer who has advised the company of its rights and responsibilities, and who is ready to provide at least emergency counsel if not trial counsel.
- tonmoy 10y agoI don't think Lavabit was that big of a bussiness. They had to shutdown just because of a $10,000 contempt fee. And even if they didn't have enough foresight to have regular attorney, it seems very bullish for the government to try to overwhelm the guy with seven different court orders in about 30 days. Just because I do not have the foresight to have an attorney before something like this stars, it doesn't mean I don't have the right to run my bussiness and neither does it make any more acceptable for the government to close it down just because they didn't get their way.
- vkou 10y agoYou're erroneously assuming the legal system is intended to work well when you're not wealthy. For the same reason, never piss off a retired lawyer. The amount of asymmetrical pain they can cause you is virtually unbounded.
- Drdrdrq 10y agoAre you stating that that's the way it is (because I think parent knows that already) or that it's OK this way? Cause it's not.
- mjevans 10y agoI'll take the view that they are saying: This is the way things are, and it's not going to change soon.
- Pica_soO 10y agoAgreed. Makes one suddenly long for a Ceta-styloe Company-Court, such a company-court might recognize your companys now or future value for acquisitions, and thus allow you to continue to exist instead of being traitor-trampled.
- tonmoy 10y agoThe original discussion was if the owner of Lavabit is to be blamed for being at court without representation, any it was established that he probably didn't have enough resources/foresight to keep an attorney on call (and should not be "blamed" IMO). How things are/should be is off-topic in that matter.