The ABA Issues An Ethics Opinion To Help Lawyers, Not Clients

/ Jack Marshall / Leave a comment

 The ABA Standing Committee on Ethics and Professional Responsibility has issued ABA Formal Ethics Opinion 523 titled “Engagement Agreements Allowing a Lawyer to Withdraw When the Client Fails Substantially to Fulfill an Obligation Regarding the Lawyer’s Services.” 

The opinion’s summary:

“Rule 1.16(b)(5) of the ABA Model Rules of Professional Conduct permits a lawyer to withdraw from a representation, or to seek the tribunal’s permission to do so, when “the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.” This provision is ordinarily invoked when a client fails to fulfill an obligation regarding payment of legal fees and expenses. The engagement agreement may memorialize additional obligations of the client, both obligations that are otherwise implicit such as the client’s truthful cooperation with the representation, and further obligations insofar as they are not forbidden by the Rules, other law (including court rules), or public policy. A client’s persistent failure to fulfill obligations regarding the lawyer’s services, including obligations unrelated to payment of fees and expenses, may constitute a basis for withdrawal if the procedural requirements of Rule 1.16(b)(5) are met. Further, the lawyer’s engagement agreement may put the client on notice of permissible grounds for withdrawal under Rule 1.16(a) and (b), including the client’s failure to fulfill obligations regarding the lawyer’s services. However, the engagement agreement may not expand on the grounds for withdrawal set forth in Rule 1.16 or purport to alter or amend the grounds for withdrawal or the process for withdrawal required by the Rule.”

The ABA is being coy. Traditionally, because, you know, we lawyers are professionals and are not in it for the money but rather for the good of society, lawyers aren’t automatically allowed to drop deadbeat clients because they have stopped paying. It is not unusual for a judge to refuse to allow an attorney to withdraw for that reason, and there is another Catch 22: the confidentiality rules in most states forbid a lawyer from telling a judge that a client isn’t paying his or her legal bills, or can’t.

One coded message that some jurisdictions wink at is “Your honor, I request to withdraw because Mr. Green is unavailable at this time.” Of course, coded violations of confidentiality are still violations.

Now the American Bar Association is saying that “the client’s failure to fulfill obligations regarding the lawyer’s services” makes dropping that client reasonable and ethical. This is supposed to be a profession. But for most lawyers out there, it’s all about the money.

The ABA’s pronouncements aren’t binding on anyone, remember.

The full opinion here. 

From the Res Ipsa Loquitur Files:

/ Jack Marshall / 1 Comment

Nice.

I’d say that qualifies as an unethical tweet, wouldn’t you?

It doesn’t matter what the Democratic Party’s social media account was responding to, does it? (Stephen Miller referred to Democratic Party candidate for Texas governor as “trans.” Not that there’s anything wrong with that..) What does matter is that the party that has (often justifiably) condemned Donald Trump for immoderate social media posts, lack of self-control in his rhetoric and an addiction to ad hominem attacks stooped well below anything Trump has ever tweeted with a “Sopranos-esque” “Shut up you ugly fuck!”

That doesn’t mean the President won’t eventually go that low, but for the nonce, I really don’t care to hear anyone from that party (or that pimps for it, like, you know, the news media) criticizing the President for unpresidential language.

The tweet also tells us, as others have, what the character and attitudes of young Democrats are. If you don’t like mis-installed ethics alarms of current Democrats and progressives, just wait for the ones coming up the ranks.

In related news, Chicago’s WGN reports:

“An alderperson for the City of Waukegan was charged after allegedly mailing in a vote on behalf of her dead mother. Dr. Sylvia Sims Bolton was charged with knowingly falsifying election material, a felony, and disregarding election code, a misdemeanor.The investigation began in March, according to the Lake County clerk’s office.According to election records, a vote by mail ballot for Mary Sims, her mother, was issued and mailed by the Lake County Clerk’s Office on Feb. 5.On Feb. 12, the Lake County Clerk’s Office processed the cancelation of Mary Sim’s voter registration after receiving notification of her death record from the Illinois Department of Public Health.

The ballot was returned on Feb. 26

During a review, election officials identified that the voter’s death record had been processed prior to the return of the ballot. After evaluating the returned envelope and confirming that the ballot had been submitted after the voter’s recorded date of death, the matter was escalated internally and reported to the Lake County Sheriff’s Office for investigation.

Bolton is accused of voting for her mother after she had passed away. She surrendered Wednesday morning.

‘The safeguards and verification procedures in place within our election system worked exactly as intended,’ said Anthony Vega. ‘Our staff followed established protocols, identified the irregularity, and immediately coordinated with law enforcement to ensure this matter is thoroughly investigated. Protecting the integrity of our elections remains our highest priority.’

The investigation did not uncover any facts linking the above allegations to her city duties as an alderperson.”

Gee, I wonder what party the “alderperson” belongs to? Since the media report doesn’t say, I’m assuming she’s a Democrat. (She is.) And how ironic that the only person who uses the mail-in ballot system to cheat happens to be an elected official!

Okay, I’m being arch. The Democratic party likes cheating and gaslighting. Just as Biden’s Homeland Security Secretary said under oath that the Southern border was secure and the entire party (as well as its media enablers) insisted that President Biden was “sharp as a tack,” it has claimed for years now that there is “no evidence” of widespread voter fraud and the more secure election procedures are “a return to Jim Crow.”

No, John Brown Is NOT a Role Model For “Social Justice Reformers,” and Anyone Who Says So —Like Hakeem Jeffries’s Brother—Is Both Unethical and Dangerous

/ Jack Marshall / 8 Comments

I co-wrote a book about Clarence Darrow (you can buy it here: it’s cheap), and one of the points I made in the Introduction was that the U.S.’s most famous trial lawyer also believed in terrorism. Well, Darrow had his quirks, and he frequently argued that one of his murderer clients should be acquitted because the murder was justified (it worked, too!). He was ethically and morally wrong about Brown, as I asserted here in a post that republished a shortened version of Darrow’s famous eulogy for the anti-slavery vigilante. It was written long after Brown’s death, of course; Darrow used to deliver the speech on anniversaries of Brown’s birthday on May 8. The most famous section of Darrow’s passionate speech:

“The radical of today is the conservative of tomorrow, and other martyrs take up the work through other nights, and the dumb and stupid world plants its weary feet upon the slippery sand, soaked by their blood, and the world moves on.”

Darrow was an early progressive when the movement began, on the extreme end. In his “ends justifies the means” glorification of violence as a means of social change, we can see the seeds of where modern progressives have gone off the metaphorical rails and become a genuine threat to the rule of law and democracy. In Darrow’s time (he was active from 1890 to 1932) there were few progressives who would go as far as Darrow, though the anarchists did. They were the terrorists of the day, but Darrow defended labor leaders who also believed that murdering the exploitive capitalist here and there as well as their political enablers was the right thing to do.

Thus Darrow defended “Big Bill” Haywood (February 4, 1869 – May 18, 1928), an American labor organizer, a founding member and leader of the Industrial Workers of the World (IWW) and a member of the executive committee of the Socialist Party of America. “Big Bill” was indicted for engineering the booby-trap murder of Frank Steunenberg, a former governor of Idaho. Darrow got “Big Bill” off (Just look at this guy! You just know he did it.)…

….but by arguing that even if he was guilty, its shouldn’t matter because he was on the right side. Fortunately, Darrow’s arguments in favor of just murder were confined to the courtroom and his John Brown eulogy once a year.

This week, Hasan Kwame Jeffries , an Ohio State University history professor and the brother of House Minority Leader Hakeem Jeffries, declared in a social media post that “John Brown understood that the only way to free Americans from the scourge of white supremacy was to get rid of white supremacists by any means necessary. He was right then. He is right now.” Gee, do you think Prof. Jeffries is at odds with his brother in this appeal to violence? I doubt it.

Prof. Turley has called out the Democratic House minority leader for encouraging violence on the Left, and lionizing John Brown is literally a justification of violence. If Republicans and the news media don’t confront Democrats and the party’s leaders with Prof. Jeffries’s words, they are being negligent and irresponsible.

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Sure Such “Polls” Are Rigged, But Nevertheless…

/ Jack Marshall / Leave a comment

The gimmick of walking through college campuses or other denizens of the young, woke and stupid and exposing the stunning ignorance on parade is an old one. Jay Leno developed it into an art form with his “Jay Walking” segment on the “Tonight” show. Jesse Waters has displayed versions of the bit on Fox News for quite a few Memorial Days now, asking young beach-goers about basic U.S. military history.

I know, I know. We have no idea how many people had to be interviewed to collect the staggeringly wrong answers. The dumbest participants are featured multiple times. Maybe these were the only embarrassing responses, though, frankly, I doubt that. I have mentioned before a lawyer I worked with who had been an associate at Skadden Arps, and was a graduate of Cornell. She had no clue when the Civil War was, guessing its dates to be “somewhere in the 1930s???” “Well, I was an economics major,” she explained.

These videos have the same perverse appeal as reality shows: they give audiences a chance to feel superior. It’s the same appeal that carnival freak shows had in past generations. Nevertheless, I believe that Watters’ Memorial Day debacles have value, because they provoke some clarity as well as foreboding.

First, the fact that there is a single adult American without a brain tumor, dementia or a closed head injury who doesn’t know who we fought in the Revolutionary War or who guesses that Albania was the world threat in World War II is a serious indictment of our culture, parenting, and the educational system from pre-school through college. One such idiot is too many. That more than one can be located on the same California beach on the same day portends of a decaying society being undernourished by atrophied minds. Democracy, more than any other form of government, depends on an engaged and informed populace. If people can reach adulthood that ignorant, we don’t have one, or at least we don’t have enough of one.

Second, it is arguably even more alarming that these dolts all laugh and giggle when their pet rock-level ignorance is exposed. They shouldn’t find it funny; they should be humiliated. They should dash into the surf to drown themselves. At very least they should tearfully apologize to, well, everyone.

These people vote. They are the audience that the Axis news media aim at, and the low information citizens that politicians like AOC, Kamala Harris, Tim Walz, Mamdani and James Talerico pander to. They, and people like them everywhere, are the reason the world doesn’t work.

I write comedy; I perform comedy, I have directed award winning comedies. I like satire, parody, slapstick and sophomoric humor. Will Rogers, Mark Twain, Oscar Wilde, W.S. Gilbert, Oscar Levant, Jerry Seinfeld, P.G. Wodehouse, Lewis Black and Chris Rock all amuse me, as will a good knock-knock joke. Those answers on the beach, however do not elicit a smile from me. They elicit despair.

How Unethical and Deranged Are The “NeverTrump” Republicans of “The Lincoln Project” and “The Bulwark”? This Unethical and Deranged…

/ Jack Marshall / 10 Comments

I would like to see a psychological profile of the establishment conservatives and Republicans who freaked out when Donald Trump stormed through the primaries to snatch the 2016 Presidential nomination away from the various candidates the hide-bound GOP high command had groomed to run. Prime among the vanquished was pathetic Jeb Bush, anointed as the next member of the Bush dynasty which had already given the nation three mediocre to disastrous Presidential terms. Jeb revealed himself as a weenie prepared to be crushed by Hillary Clinton when he described illegal immigration as “an act of love.” Imagine what the illegal immigration landscape would be like today if Jeb had run against Clinton…it’s too horrible to contemplate.

Nevertheless, Republicans who were used to a party that was afraid to be too adversarial to the rapidly radicalizing Democrats —after all, who wants to be called fascist, sexist, homophobic, xenophobic and racist?—turned their metaphorical backs on their principles, priorities, values and career-long political positions to try to defeat, ruin and, after his election, undermine Donald Trump. These people appear to have no scruples whatsoever. George Conway, who became a favorite of the Axis media purely because he hated Trump and had cachet through his wife, a loyal Trump adviser and surrogate, was willing to wound his spouse’s career and destroy his family as he hunted the Great White Trump.

NeverTrumpism quickly manifested as a mental illness, and its vector (well, one of them) was The Lincoln Project, and later The Bulwark, a news and commentary site that was launched by Bill Kristol and friends. In his revulsion at Trump, Kristol now says he’s a Democrat, abandoning pretty much every principle he ever advocated in his now-defunct conservative magazine, “The Weekly Standard.” His 180 degree turn is as stunning as if Stephen Jay Gould had announced that he was a creationist.

Rick Miller, one of the founders of of the Lincoln Project, demonstrates in his recent substack essay just how vile these crazies are. It’s free to read, but have a barf bag handy. The thing is called “Trump is dying.” The content is pure, unadulterated Trump Derangement at its vilest level, but I guarantee Miller’s unproven libel will be “news” on MSNow within a few hours if it isn’t already. A few lowlights:

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The Duty To Remember and Walter Hunt (1796-1859)

/ Jack Marshall / 4 Comments

I mentioned one of my favorite American oddballs, inventor Walter Hunt, last week in passing, and subsequently realized that while his name had turned up in several EA posts over the years, I have never devoted a whole essay to him. Shame on me. Readers here know my obsession with cultural memory and my devotion to the mission of trying to ensure that important and remarkable people, events and things don’t become discarded by American society’s short attention spam and poor education. In my other life, I co-founded a professional theater in Northern Virginia dedicated to producing great, influential and important American stage works that the rest of the theater community forgot, neglected, or was too shallow to appreciate.

Hunt, however, was among my first forays into extolling the unfairly obscure. My fifth grade teacher, Miss Barrett, assigned the class to write a paper on an American inventor. Leaving Edison, Bell and Franklin to the mob, I spent a Saturday in the library and tracked down a dusty tome called “The Encyclopedia of American Invention,” published before World War II. It had a huge and detailed chapter on Hunt, and I was hooked.

As the excellent video above explains, Walter was one of these amazing people who could see a problem, think for a while, and come up with an original solution. Part of his problem was that he was so confident in his ability to invent new things that he didn’t hesitate to sell the rights to his latest invention to pay current bills and debts, never committing to the laborious project of building a business with his ideas, Hunt made many entrepreneurs wealth with his inventions, but never became wealthy himself. He was, in short, a hopeless businessman.

As a creative problem solver, however, few could match Walter Hunt. He belongs in the same elite company with Edison, Leonardo Da Vinci and Ben Franklin, but unlike them, he’s almost completely unknown, not just today, but during his lifetime as well. And yet…these were among Hunt’s most important inventions:

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Memorial Day Ethics Reflections…

/ Jack Marshall / 43 Comments

Nice.

The Democratic National Committee decided to use Memorial Day to attack the President of the United States. Of course it did. Despite all of the party’s rhetoric about saving democracy (while it was undermining it to a degree never before seen in U.S. history—go ahead, challenge that!), this is a party that literally doesn’t like the United States (maybe hate is too strong).

That tweet was so offensive, even Democrats objected. Sen. Tammy Duckworth, (D-Ill.) tweeted, “It is incredibly distasteful to use our heroic dead for a political attack on Memorial Day. I’m a Democrat and I condemn this post by the DNC.”

And the DNC pulled it, replacing it with this…

…without comment, apology, anything. Tweet? What tweet? But it was the fact it could be tweeted at all that is signature significance. The party is blaming the “kids” that it had in charge of social media during the holiday, but this just means the Gen Z radicals the party has indoctrinated in our schools and with its media don’t yet understand that the mask has to stay on a bit longer or else…

Can’t have that.

The DNC was just one example. I wrote yesterday about Democrats declaring the holiday “Celebrate a Dead Arrest-Resisting Street Thug Day,” including Minneapolis’s woke mayor, who had to be reminded it was also a holiday to honor patriots and heroes. I note that Fark, the often funny, left-biased satirical news aggregator, posted this yesterday…

If challenged, I’m sure Fark would say that it was satirizing the Trump Deranged progs who still think the Epstein files hold damning evidence against the President. You know the old saying though…”Fool me once..”? I’ve checked Fark for years. It’s about as non-partisan as Stephen Colbert. As for Fark’s favorite party—well, do you remember the Memorial Day message posted by Kamala Harris—you know, that whizbang, smart-as-a-whip candidate for President who only lost because American are racists and sexist? Here , let me refresh your memory…

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Ethical Quotes of the Week: Medal of Honor Recipients Will Swenson and Matt Williams

/ Jack Marshall / 5 Comments

Her face (as usual when she isn’t interviewing a Democrat or an Axis ally) etched with pain. ABC’s awful Margaret Brennan dragged out the “Everything is Terrible Under President Trump” Big Lie and asked two Congressional Medal of Honor recipients a “When did you stop beating your wife?”-style question. “What specifically makes you optimistic? Because this country, at times, can feel dark, these days, there’s a lot of darkness. What makes you feel optimistic?,” she asked.

You see the trick? She framed the question so that it would mean “I’m optimistic despite how terrible things are with this Fascist President.” But Will Swenson, on the right, didn’t fall into her trap. He answered,

“Well, ultimately, because we’re in Washington, D.C., and everything revolves around politics, we have to remember that politics aren’t everything. American lives continue on. Children are born, children go to school. Lives are achieved. Dreams are achieved. This country is a great place. It’s not politics. It’s not just what’s the news bites coming off of media. Ultimately, we continue forward as a country, continually imperfect, continually evolving forward, always trying to achieve a more perfect union. That’s what’s important to remember, what we can achieve aspirationally. No other place in history, time or on this planet have ever gotten to where we are today. We need to be proud of that, and we need to remember that is what we stay focused on, what we can be.”

Then Brennan, disappointed with the answer, tried to reframe it to meet her agenda, saying, “What we can be, and the promise of it….” Ah. So you agree there’s nothing NOW to feel good about, but maybe things will get better! She is scum. When Brennan asked the same question to Matt Williams (on the left) he also plowed under her “gotcha!” attempt, saying,

“You know, I agree with Will. I think, you know, it’s- it’s so important to remember who we are as a country, and take an opportunity to celebrate that, and think about all the- the challenges that we’ve overcome, how far we’ve actually come. You know, I think if you- if you frame it that way, you think very deeply about our trials and tribulations from beginning to today, we’ve made tremendous strides. Our country is, you know, we’re a super- global superpower. Our economy is doing well. All those things are great. And- and take politics aside out of this whole conversation. Just talk about our communities, that- that we live in, and the people that you surround yourself with, and your families, and the opportunity to be free and, you know, choose what school you go to, and where you want to live and do what you want to do, and what career path you go down or don’t if you want to, you know, I mean, there’s so much to be positive about. And I think the opportunity to celebrate America’s 250th birthday, you know, over the course of this next year is- is amazing. There’s so many great places to visit. You know, the National Mall is going to be full of Americana. And what we’re going to- celebrating ourselves, which I think we should take the time to do. I think it’s very important. You know, across the country, you know something we’re very passionate about at the National Medal of Honor Museum in Arlington, Texas, is a phenomenal beacon that stands to talk about and house our, not only our story, the story of the Medal, and what the Medal represents itself. And I would challenge people to go there and celebrate our history as well. You know, it’s so important. There’s so many great things to go do and great things to visit and don’t just take part in it, because it’s something to do on a weekend, right? Think about why you’re doing it, and when you’re there in the crowds and you’re enjoying yourself, and you’re taking your family to go talk about our country and celebrate our country, actually celebrate it. Be grateful for what you’ve got and the opportunity that was provided for you. If you do that, I don’t see how you can’t be optimistic about our future.”

Disappointed that her “dark times” leading question failed, Brennan ended the interview.

Unethical (and Tasteless) Tweet Of The Month: Sen. Raphael Warnock (D-Ga.) [Updated and Expanded]

/ Jack Marshall / 6 Comments

Call me sentimental and patriotic, but on Memorial Day 2026, I believe we have better people to remember than George Floyd, and almost anyone is more appropriate to honor.

We can and should blame President Trump, along with the foolish voters of Georgia, for the fact that someone as unqualified and ethically inert as Sen. Warnock is in Congress today and not haunting a ramshackle church somewhere. You will recall that Trump made the two 2021 special Georgia Senate elections into referendums on the January 6 riots and his claims of a stolen election, and managed to snatch two defeats from the jaws of victory.

Still, using Memorial Day to extol a lifetime street punk who was overdosing on fentanyl while resisting arrest demonstrates a special kind of sick priorities. There is literally nothing, zero, nada, to admire, respect or honor George Floyd for. He was in the right wrong place at the right wrong time, and an audacious cabal of race-hustlers exploited his accidental death by bad cop to extort all manner of weak principled businesses and institutions into white guilt seizures, causing extensive, perhaps irreparable harm to the nation, society, race relations, the justice system and more. Poor dumb, useless George wasn’t at fault for any of this, but Senator Warnock and ethics villains like him were.

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Oh Look, Pope Leo Presumes To Tell Us What To Do With A.I.! Ethics Observations, Part II

/ Jack Marshall / 20 Comments

The summary of the Pope Leo’s open letter to “all people of good will” is at Part I, along with a link to the whole 42,000 word opus. News reports on the document can be read here, here and here.

1. The document appears to begin, as we would expect, from the basic socialist/Communist/progressive bias the Catholic Church has always displayed, which includes suspicion and contempt for capitalism. In the text, Pope Leo says that while “technology should not be considered, in itself, as a force antagonistic to humanity,” he added that “the pursuit of greater profits cannot justify choices that systematically sacrifice jobs.” The encyclical doesn’t resolve the obvious conflict that has always existed in that perspective: technology ideally improves the quality of life for humanity, saves resources and redistributes them elsewhere, and often reduces the costs of goods and services making them more affordable to all. One of my favorite inventors, Walter Hunt (inventor of the safety pin), invented the first practical sewing machine but didn’t patent or market it because he was certain that it would put seamstresses out of work. So Elias Howe patented the sewing machine instead. Were more jobs lost or created by the invention? I have no idea. This has been the inevitable sequence with new technology throughout human history: its ultimate impact is usually impossible to predict.

Ethics Lesson: Trying to develop rules and laws limiting the uses of emerging technology is stifling as well as futile, and foolish to boot.

2. A Pope using the Biblical fable of the Tower of Babel as his primary analogy to justify limiting the use of artificial intelligence is signature significance that makes me, for one, tend to roll my eyes at the entire document. That’s a story about the Old Testament God finding sinful the aspirations of mankind and sabotaging an effort by humans to cooperate in creating something ambitious and unprecedented. The encyclical demands acceptance of human limits, while science, capitalism and American individualism set no limits on human advancement. The Pope seems to be saying the equivalent of “If God had meant for us to fly, he would have given us wings.”

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