Wendy McElroy's Dancer's Suit Puts Corrupt Lawyers on Their Toes is a fascinating account of a lawyer who might be liable for extortion due to the threatening way he demanded payment. The lawyer (Mauro) demanded that a famous dancer (Flatley), who allegedly sexually assaulted the lawyer's client, pay "seven figures", or he would sue and "ruin" him. Mauro and his client lost, but Flatley countersued both Mauro and his client for extortion. Sounding like a Congresscritter or judge, lawyer Mauro whined that his threats were "lawyer-to-lawyer communications that constituted a 'pre-litigation settlement offer' and, as such, they were protected by the First Amendment." Oh, boo hoo.
Mauro lost in the trial court, and on appeal lost too: the appeals court said: "Mr. Mauro has effectively conceded and it is undisputed his speech and conduct are crimes. No prima facie showing has been made that Mr. Mauro's speech and conduct are anything other than unprotected acts of extortion." The case is now on appeal to the California Supreme Court.
