Legal rebuttal: "vade et caca in pilleum et ipse traheatur super aures tuo"

Eric Tukewitz, a New York lawblogger, was one of many, many people who wrote about a badly managed legal defense from an inexperienced lawyer representing an accused murderer. The defense was handled very badly, and resulted in a mistrial, and then observers remarked in depth on the website of Joseph Rakofsky, the inexperienced lawyer in question, and on the erroneous impression of vast experience that the website created.

Rakofsky has responded by suing everyone involved, from the Washington Post, who covered the story (in which they quote the judge in the case, remarking unfavorably on Rakofsky's legal prowess), to the American Bar Association, to the large number of lawbloggers who wrote about him.

Tukewitz is just one of the lawbloggers in question, but he's come up with a legal rebuttal to Rakofsky's suit, which he considers baseless: "vade et caca in pilleum et ipse traheatur super aures tuo," which, loosely translated, means "Go shit in a hat and pull it down over your ears" (lit., "go shit in a [knit] hat & let that same hat itself be pulled over your ears.").

Now that's the law at its finest!

What was Rakofsky thinking? That a bunch of lawyers that make their living in the well of the courtroom, accustomed to walking a high-wire without a net as we cross-examine hostile witnesses, would somehow cower in fear at an utterly frivolous lawsuit? Did he think that those of us that write blogs, for all to see, might not somehow have a basic grasp of the First Amendment? Didn't he know, well before he even went to law school, that people have a right to set forth their opinions? How could he survive law school and pass a bar exam without knowing constitutional fundamentals? Perhaps the better question, why wasn't he thinking of what would happen in response to such a suit? Was he a spoiled child that got everything he wanted simply by throwing a tantrum?

And those of us that are practicing lawyers are the small fries, compared with our co-defendants Washington Post, American Bar Association and Thompson Reuters. Like they are going to roll over and pull down their articles? Good grief.

Joseph Rakofsky -- I Have An Answer For You (via Lowering the Bar)

(Image: Joseph Rakofsky)