Wednesday, February 24, 2010

Gage, a Grammatical Question, and a Posse of One ...

LV Now (along with 90% of our commenters yesterday) reported that Attorney Noel Gage pled (pleaded?) guilty in federal court to obstruction of justice. A copy of the plea agreement is available, here. According to the agreement, Gage is facing a maximum of 20 years (he won't get anywhere near that, and likely will receive no prison time at all), and will pay a mandatory restitution of $702,600 to his former client, Melodie Simon.

We wonder if our State Bar will take the same action our State Medical Board is taking against Mark Kabins ... is that wishful thinking?

Gage's plea is pursuant to North Carolina v. Alford, meaning he is admitting the government has enough evidence to convict him were he to go to trial, but he is not admitting that he is actually guilty. Fun Fact: Besides high-profile white collar criminals, Alford pleas are most commonly used by (alleged) pedophiles. Don't be a pussy - just plead guilty.

Now to our grammatical question: "Pled" or "Pleaded" ... which is the proper past tense?

Oh, and we received a fun story (and accompanying photo) from a helpful tipster who was present at yesterday's festivities:
Today at Fed court, Noel Gage, American Hero and defender of your rights, pled guilty for obstruction of justice (felony). On his way out, strangely enough, a familiar figure started approaching my camera, attempting to block my shot of Gage. It reminded me of a certain march of attorneys from 2009 during the indictment of now guilty, Mark Kabins. It’s really too bad for Gage, as the Personal Injury Parade has now dwindled to a Posse of One.

Why does the guy in the pic attached, who happens to work for Mainor, Eglet Cottle according to my sources, feel the need to protect someone so stridently, who has says he’s done nothing wrong. Why would MEC have such a great interest in having this guy at EVERY hearing dealing with Vannah? Either way, he’s fooling himself if he thinks he’s doing much more than digging a deeper hole for his bosses.

Please feel free to share this with your readers.
And share we shall ...


Five WWL points to the first commenter to identify the man in the foreground. One Point each for the men in the background. Bonus five points for identifying the red book the woman on the right is holding (looks like our law school criminal law text ... *shudder*).

(LV Now; Thanks to our on-the-ball commenters and tipsters!)

25 comments:

  1. Pled. No question. Unless you are a newspaper reporter (who is not a lawyer and is stuck with the AP stylebook, reality be hanged). Merriam-Webster says you can use either, but it also gives both pronunciations of "Nevada" - use the wong one and you prove that you are either (1) not from Nevada, or (2) not someone who practices criminal law (a client who entered a plea in the past always "pled guilty").

    ReplyDelete
  2. Pleaded! See Garner, Modern Legal Usage ("pleaded is the best past-tense form").

    ReplyDelete
  3. Let's see what the pussies at the State Bar do with this. The over-under is a private reprimand.

    ReplyDelete
  4. "We wonder if our State Bar will take the same action our State Medical Board is taking against Mark Kabins ... is that wishful thinking?"

    Yes. Bar counsel doesn't go after anyone who might possibly push back. Admit it, you knew that.

    ReplyDelete
  5. "Don't be a pussy - just plead guilty"

    Alford is a fancy way of saying "no contest" and can't be used in a civil case.

    ReplyDelete
  6. David Creasy from Gage's office on the left. The book is "How to Become a Millionaire Without Being Ethical."

    ReplyDelete
  7. The guy in front does not work for MEC. His name is Adolfo he is Noel Gage’s personal lap dog.
    He has worked for Gage for years!

    ReplyDelete
  8. The lady next to lady with book is Ivy Gage...Noel's wonderful wife.

    ReplyDelete
  9. Does Adolfo only have one arm, or is that just the way the picture looks?

    ReplyDelete
  10. Nevermind, I see the other hand. It is reaching into his pocket to pull out the wads of ca$h Gage pays Adolfo to be his biotch.

    ReplyDelete
  11. From my AP Stylebook:

    plead, pleaded, pleading: Do not you the colloquial past tense form, pled.

    ReplyDelete
  12. One of the few things I learned from my time at ATMS generally, and from Matt Hoffmann specifically,....PLEADED.

    ReplyDelete
  13. Yeah, but Hoffman also made you write "timeline" even though it should be two words!

    ReplyDelete
  14. If you look at opinions from the Supreme Court of Nevada, they mostly use "pleaded" and not "pled."

    ReplyDelete
  15. You can be sure the State Bar of Nevada is not better than the State Bars of Michigan and Texas. Gage has sealed discipline records in each state. I guess he will now move to another state.

    It's great to belong to a profession where accountability is for suckers. Let's just make him State Bar President. Heck, Allf already held the position, Gage is the logical next step....he is, afterall, a talented attorney.

    ReplyDelete
  16. 920
    Dont necessarily paint David Creasy with the same brush because he was at the hearing with his boss. Creasy is an amazing lawyer and as stand up a guy as I have ever met.

    ReplyDelete
  17. The pen in the shirt makes me, uh, excited.

    ReplyDelete
  18. 1:56 p.m. is correct. The Nevada Supreme Court's law clerk handbook specifically states that clerks/attorneys should "[u]se 'pleaded' as the past tense, not 'pled' or 'plead.'"

    ReplyDelete
  19. And we all know that the NSC law clerks handbook, written by the staff attorneys not bright enough to make law review or get a clerkship, is always correct.

    Pleaded is only correct if an actual pleading was used in the past. if someone enters a plea on the record, they pled. If he filed a pleading, the subject was pleaded.

    ReplyDelete
  20. and this is why I always use "entered a plea of guilty"

    ReplyDelete
  21. A brief note is warranted about the English pronunciation controversy over the use of irregular verbs with the ending "ed" in past tense verbs and past participles. Most of the controversy, but not all of it centers on the usage of the past participle.

    Although fewer than 500 verbs are classified as irregular, these include some of the most common words in English. Irregular verbs have some linguistic relationship to the German strong verbs, but many are principally of pre-industrial Scottish-English usage. Contrary to some opinion, the usage of such verbs is centuries old.

    While many contemporary sources decry the use of irregular verbs, they retain several arguments in their favor. As increasingly archaic forms they have a certain historical elegance to them. They have the distinct advantage of being far more melodious to the ear than their Newspeak regular cousins. And they stand as bastions against a desire to suck the individuality out of the language and impose an increasingly dry and dusty uniformity upon it.

    A sampling of irregular verbs:

    pled vs. pleaded
    hung vs. hanged
    mown vs. mowed
    sewn vs. sewed
    knit vs. knitted
    sped vs. speeded
    swollen vs. swelled
    woke vs. waked
    snuck vs. sneaked
    lept vs. leaped
    awoke vs. awakened
    clad vs. clothed
    dreamt vs. dreamed
    dove vs. dive
    dwelt vs. dwelled
    fit vs. fitted
    hewn vs. hewed
    knelt vs. kneeled
    leant vs. leaned
    learnt vs. learned
    lit vs. lighted
    missplelt vs. misspelled
    outshone vs. outshined
    spilt vs. spilled
    proven vs. proved
    broadcast vs. broadcasted
    woven vs. weaved
    shaven vs. shaved
    shorn vs. sheared
    shown vs. showed
    slain vs. slayed
    slunk vs. slinked
    smelt vs. smelled
    strewn vs. strewed
    strove (past tense) and striven (past participle) vs. strived
    wed vs. wedded

    ReplyDelete
  22. hung vs. hanged

    So, should I say "Glen Lerner is well hanged?"

    ReplyDelete
  23. Hey yo! Thanks for the compliment- see ya this weekend when I visit Pahrump- good thing I shorn my pubes- it made it a hefty 4 inches- and it helped get rid of the odor- it smelt bad down there- Glen

    ReplyDelete
  24. 10:30 a.m.: couldn't pass up a thread without reminding everyone that you're a dick, huh? I accept your plea of douche.

    My statement regarding the law clerk handbook was only intended to affirm 1:56 p.m.'s observations.

    And for the record, I was on law review and clerked after graduation. Your ignorance of the NSC staff is amusing.

    ReplyDelete