“After our own due diligence and a thorough review of the facts, the firm decided to give great weight to the total body of Lee’s work over his 25-plus years as a lawyer. Lee [Smolen] is a well-respected attorney who has learned from his experience and taken all the necessary steps to move forward as a productive member of our team.”
—-A statement by mega-law firm DLA Piper at the time of its hiring of attorney Lee Smolen in February, 2013. Smolen had recently resigned from his previous firm because, we now know, he was under investigation for unethical conduct. This week, he was formally accused of bilking his former firm and its clients with inflated and inappropriate expenses.

You know, I have no idea why I chose this photo to accompany this post. Just seemed appropriate, somehow…
What would possess a major law firm to make a bone-headed, Ethics Dunce decision like this? According to accounts, before the Piper firm made its commitment, Smolen “tearfully” explained all or some of his transgressions to the firm’s partners, transgressions which amounted to cheating his fellow partners at his previous firm and fraudulently charging a client for expenses that were either inflated or that had nothing to do with the client’s needs.
He swore that he had learned his lesson, and would never do anything similar again, but look: even if he was sincere, what he had done is a cardinal sin for lawyers, virtually always leading to serious punishment and often disbarment. A lawyer who knows of such conduct is required by the bar ethics rules of all but a couple of states to report it to bar disciplinary authorities as “a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer.” How could a law firm justify taking on a new law partner after acquiring the same knowledge that would have obligated it to report the man, if he weren’t under investigation already? Continue reading