Lawyers are on the wrong side of the law when they break it themselves (see, e.g., Avenatti), but not when they represent people on the wrong side of the law. The latter is necessary for the common law court system to work at all.
Lawyers are on the wrong side of the law when they break it themselves (see, e.g., Avenatti), but not when they represent people on the wrong side of the law. The latter is necessary for the common law court system to work at all.
In America at least, the defendant is presumed innocent until proven guilty. So the assumption should be that the defendant is on the right side of the law. It's the prosecutor or complainant's job to prove the defendant is in fact on the wrong side of the law.
To call a defendant 'the criminal' (and saying the defendant is in the wrong) is putting the cart before the horse.
That is exactly what you are doing by picking a bone with the phrase wrong side of the law
There is a reason why falsley accusing someone of a crime is libel in and of itself and is actionable under the law regardless of damages, I don't think this quite reaches that standard, but it is damn close.
https://www.merriam-webster.com/dictionary/on%20the%20wrong%...
Exercising their first amendment rights to support an organization that broke the law is unequivocally legal, a healthy part of society, and not on the wrong side of the law.
The lawyer is still on the right side of the law after the plea
Is this true for civil cases? I presume no one is being charged with a crime here...
Yes. The publishers are saying 'the Internet Archive violated my rights and has caused monetary damages. They owe us for those damages.' It's up to the publishers to provide that the Internet Archive violated those rights.
Now civil trials and criminal trials have different standards for evidence and determining guilt. In criminal trials, the prosecution has to prove beyond a reasonable doubt that someone committed a criminal offense.
In civil cases, the complainant (plaintiff) just has to prove via a 'preponderance of the evidence' that their rights were violated. Meaning, it's more likely than not their rights were violated.