“If you practice as a lawyer, you owe it to your clients only to do the things you are competent to do. Embarking on the defense of a man accused of murder as your first trial is a moral and ethical outrage. Regrettably, the profession is barraged with eager voices telling us that attracting clients with puffery and keywords and Twitter accounts is the way to build a practice. Nobody’s reminding us that you have an obligation to know what you’re doing before you accept the client. Somebody should.”
—-Ken, the lead blogger/attorney/libertarian/ wit/ First Amendment champion at Popehat, summarizing the lessons of the Joseph Rakofsky saga. Rakofsky was a green D.C. lawyer ( he is still a lawyer, less green but sadder and wiser) who indeed did take a murder defense as his first trial, made an epic botch of it, and then launched a desperate defamation lawsuit at legal bloggers, like Ken, who had told his cautionary tale to the world with appropriate ire. The law suit was dismissed last week.
Competence is an ethical value, especially in the professions, but also in most pursuits. Taking on the responsibility of accomplishing a task creates a duty, and doing so without being justifiably certain that you will have the skills to do it is reckless and irresponsible.
Ken, an experienced and accomplished attorney whom I have consulted for his professional advice in the past, also knows that inexperience does have to be eradicated with experience, and a strict application of his statement in all cases would lead to a frustrating Catch 22. Every pilot has to take that first solo flight; every head surgeon has his first major operation; and Clarence Darrow had to take on that first murder trial before he could say with complete confidence that he knew exactly what to do. On a more basic level, any lawyer taking on a representation in a type of matter she has never handled before, such as drafting a will, will be, in a sense, accepting a client before she knows what she is doing, because she hasn’t done it before. That’s okay, however: the ethics rules, as expressed in the American Bar Association’s Rules of Professional Conduct (in Rule 1.1) say its okay, as long as, by the time the task is underway, the lawyer is sufficiently competent: Continue reading






Jerk of the Year: Donald Trump
Where Donald Trump is King
I know it’s only May, and I know that Rev. Jones is still out there somewhere, planning on burning a picture of Mohammad or making confetti out of the Quran or some other offensive stunt designed to attract the attention of Fox News and sell some tee shirts. I know Allan Grayson can surface at any time, and that Michael Moore is joining forces with Keith Olbermann, which is a good bet to make both of them more obnoxious. And I know Newt Gingrich, Ron Paul, Michele Bachman and some other GOP candidates for president can be counted on to say or tweet outrageous things in the coming weeks and months. Yes, and Harry Reid is still running amuck, and there are plenty of athletes, singers and actors who will be embarrassing themselves, their profession and their species before the year is out.
Never mind all that. I’m ready to declare Donald Trump the Jerk of the Year.
I’ll admit my bias up front: I think Trump has been a contender for Jerk of the Year every year for at least two decades. Even I, however, never thought he was a big enough jerk to use the developing 2012 campaign for President of the United States—at a critical juncture in the nation’s history, with literally life-and death crises in the nation’s economy, housing market, and job markets, with the Middle East erupting and America involved in three armed conflicts, with a leadership vacuum at the highest levels of the government and with American trust and hope for the future at a record low—for personal ego gratification and to promote his cheesy, freak-show reality program “The Celebrity Apprentice.” But that’s what he did, soiling the news and political discourse along the way by giving aid and support to the assortment of paranoids, wackos and racists who had been denying that Obama was a natural born citizen. Continue reading →
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Tagged as "birthers", "Jerk of the Year", "The Celebrity Apprentice", arrogance, celebrity worship, conspiracy theories, Donald Trump, ego, ethics, hubris, ignorance, jerks, materialism, patriotism, recklessness, self-promotion, U.S. Presidency, William Ayers