Word: rubins
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Dates: during 1980-1989
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...unnatural," declares Harry Pearson, editor and publisher of the Absolute Sound, a journal devoted to the glories of old- fashioned analog recording. Claims for the superiority of CDs, say LP partisans, are hype. "Many of the people who were initially impressed by compact discs have been disappointed," asserts Gene Rubin, a Los Angeles-area audio retailer. "There is no way that LPs are going to vanish...
...Rubin's dilemma has dogged lawyers and courts since the beginnings of the legal profession. "It is an unchallenged rule of professional ethics that a lawyer may not put on a witness who he knows is going to lie," explains Law Professor Phillip Johnson of the University of California, Berkeley. When the lying witness is the attorney's own client, however, the rule runs smack into another fundamental ethical rule -- a lawyer's obligation to protect the confidentiality of his client's conversations. Legal scholars have tilted back and forth over the issue. The currently prevailing view, endorsed...
Typically, a lawyer will attempt to drop the client, as Rubin did. Sometimes the lawyer may warn the judge outright of the perjury. A third alternative is the one suggested to Rubin by the Florida appeals court: to stand mute while the defendant narrates his story unaided, a solution rejected by the A.B.A. but permitted in some states. For the lawyer who decides to part from a client, says Hofstra Law Professor Monroe Freedman, "the point of no return is when you are so close to trial that the judge is not going to grant a motion to withdraw." That...
Although the irresolvable nature of Rubin's conflict elicits sympathy in the legal community, some colleagues fault the Miami lawyer for what they regard as his strident insistence on pulling out of the case and disobeying judges. William Surowiec, one of Sanborn's previous lawyers, wonders if the courts could have taken any other position. "What if a person, in an effort to continuously avoid going on trial when the trial date approaches, puts the lawyer in this situation?" he asks. "You would have a defendant who could manipulate the system by doing this to one attorney after another." Henry...
...Rubin remains defiant. "When enough lawyers begin withdrawing from cases instead of promoting falsity, perjury and fraud," he says, "the sooner faith in the criminal-justice system will begin to be restored." Rubin, 61, has never shied from controversy. In 1977 he made headlines when he unsuccessfully sought to have a jury acquit Teenage Killer Ronald Zamora on the ground that "subliminal TV intoxication" had diminished his client's sense of right and wrong. He has defended Watergate burglars, championed Cuban refugee causes and in 1978 even staved off a disbarment move for allegedly neglecting several clients' cases...