Now
the AG appeared on behalf of the PD, because the AG is the lawyer who
represents all state employees, and Superior Court Judge Vincent J.
Poppiti summarily dismissed the complaint: He ruled that because Scott
had pled guilty to manslaughter, the same as she did on Werb's advice,
she could not have been harmed by any wrong advice he gave her! That
dismissal was recently affirmed by the Delaware Supreme Court.
1: Paragraph 19 That story illustrates not only the incestuous (if
not downright masturbatory) nature of Delaware's criminal justice system
but also the distinctive feature of Delaware civil litigation: Most
participants in civil litigation are from out of state, and they have to
pay featherbedding Delaware lawyers to hold the courthouse doors open
for them.
1: Paragraph 20 A couple of years ago the American Bar Association
rated Delaware as fourth in the country in the number of lawyers per
capita, and that's true as far as the numbers go, but it gives a false
impression: Many of the lawyers in Delaware are employed in companies
other than law firms, so they're not available for hire by other
clients; many of the lawyers working in banks or other companies are not
admitted to the Delaware bar, so they couldn't go into private practice
anyhow. Unlike many states, Delaware no longer cuts lawyers from other
states any slack in getting into the Delaware bar, and every candidate
for admission has to take the same bar exam and perform the same
clerkship, no matter how long the person may have been a lawyer (or even
a judge) elsewhere.
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