Professions

Now THAT’S An Unethical Lawyer! [Expanded]

/ Jack Marshall / 3 Comments

Every December, when I do an end-of-year legal ethics seminar for the D.C. Bar, I discuss the Unethical Lawyer of the Year. It’s only June, but it’s hard to see how anyone, not even Alvin Bragg, can match Jason Kurland this year

Kurland, an attorney who represented lottery winners and was once a partner at the prestigious firm Rivkin Radler, one of the 200 largest firms in the nation, was sentenced last week to 13 years in prison. He had been found guilty of wire fraud, wire fraud conspiracy, honest services wire fraud, unlawful monetary transactions and a related conspiracy charge.

Fraudulent representations by Kurland and his co-defendants caused his clients to lose more than $80 million. He also lifted $19.5 million from the account of one lottery winner to make an investment for the benefit of himself and his accessories.

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Ethics Dunce: Ty Cobb (No, This Is NOT A Baseball Post)

/ Jack Marshall / 13 Comments

That stylish-looking gentleman above is Ty Cobb III, a descendant of the iconic baseball player, himself a rather infamous ethics dunce. I never quite figured out Ty III’s relationship to Ty the First, but that is neither here nor there. I wish I didn’t have to write this post: I know Ty a bit, for we were in the same class at Harvard (where he already was sporting that handlebar mustache), and I knew many of his friends a lot better than I knew him. He is a nice guy, a funny guy, and by all accounts a terrific lawyer. He may have been the best lawyer ever associated with Donald Trump: Ty joined the White House staff to manage legal matters surrounding the Mueller investigation—yes, the Russian collusion scam run by the Democrats, the FBI, and the news media. He reported directly to Trump, and he was extensively quoted during the media frenzy over that disgusting set-up.

On May 2, 2018, Cobb announced that he was retiring as White House special counsel, and later that year, said that he did not think the Mueller investigation was a “witch hunt,” later saying in an ABC News interview on March 5, 2019, that he thought Mueller was “an American hero.” I almost blew my ethics whistle then; I didn’t: I should have. As a lawyer the public identified with President Trump (though his client was the office, not the man), Ty’s apparent vouching for the investigation was bound to be taken by the public (and certainly the news media) as a hint that someone on the inside with legal expertise knew Trump was guilty. I know I looked at it that way.

Now he’s done it again. Cobb told the news media that the “feds are coming fast” for Trump, and predicted that the investigation into the his alleged mishandling of classified documents will land him in prison. Spewing his opinions like an oil gusher, Cobb said,

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Ethics Dunce: The American Bar Association

/ Jack Marshall / 19 Comments

What do you call an esteemed legal organization that willfully encourages its members to violate its own ethics rules? There are two acceptable answers: 1) An Ethics Dunce, and 2) The American Bar Association.

That is a screenshot above of an email that arrived yesterday.

“Congratulations on Your 2023 nomination,” it began. “This year marks our 9 year anniversary of “Recognizing Excellence in the Practice of Law™”. Our Selection Committee is hereby extending to you an invitation to join this elite group¹.  Accept your invitation and join by May 23rd, and your name will be included in our roster announcements published in “The National Law Journal” and the Sunday “The New York Times” print edition on May 28th. Please note that only 56 spots remain available. Less than 1% of lawyers in the United States are recognized as Lawyers of Distinction.”

I am many things, but a “lawyer of distinction” I am not. I haven’t practiced law for more than a decade; legal ethics is not the practice of law. Lawyers of Distinction is, to cut to the chase, a scam, and one that is used by lawyers to deceive clients. For the National Law Journal to provide cover for the unethical advertising scheme is bad, but a while back the ABA included an advertisement for “Lawyers of Distinction” in the ABA Journal. The ABA’s Model Rules of Professional Conduct, followed by most jurisdictions, specifically forbids misleading and deceptive advertising, which a lawyer announcing that he or she was “chosen” as a “lawyer of distinction” definitely is. The association attracted a lot of criticism for running the ad, and may not have sunk so low again: I don’t know, because I no longer receive the ABA Journal, but once was enough for me.

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Unexpectedly, The Biden Administration Policy Of Using Diversity/Equity/Inclusion And Hyper-Partisanship As Criteria For Law Enforcement Appointments Results In An Unethical US Attorney

/ Jack Marshall / 15 Comments

Who couldn’t see this coming? The bipartisan effort to politicize the justice system, recently brought into focus by Durham Report, resulted in a spectacularly unethical and corrupt U.S. Attorney, Rachael S. Rollins, the Biden selection for the job in Massachusetts. A 161-page report issued by Justice’s Inspector General, Michael Horowitz, found that Rollins has been a whirlwind of unethical conduct, misusing her office to help a political ally, defying ethics rules to get free tickets to Boston Celtics games, her acceptance of flights and a resort stay paid for by a sports and entertainment company, and lying under oath to investigators, among other misdeed. The New York Times calls the IG’s work “one of the most extraordinary public denunciations of a sitting federal prosecutor in recent memory.” The U.S. Office of Special Counsel released its own findings on Rollins’ sleaziness, concluding that she had violated the Hatch Act, which restricts political activity by federal officials.

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Addendum To “An Ethics Conflict Conundrum: The Fraudulent Friend”

/ Jack Marshall / 2 Comments

Apparently my choice of words confused some readers when I wrote that once “The Ethicist’s” inquirer in this post was made aware of a serious fraud (and an ongoing one) perpetrated by a close friend, she had become an accessory after the fact. That’s a legal term of art and I was careless to use it in nontechnical context. Almost no one is ever charged as an accessory for not blowing the metaphorical whistle, but the woman nonetheless shared responsibility for the harm done by the ongoing fraud by knowing about it, having the ability to stop it, and not doing so, thus letting it continue.

The duty she breached was an ethical one, not a legal one. As I said, I should have been clearer.

I am reminded of a personal experience that might clarify the issue further. I may have even related this story in another post; if so, I can’t find it, and it is worth repeating.

A lawyer friend contacted me for advice. He had been meeting with a client at the client’s home, and overheard, in the kitchen, a loud argument between his client and his wife culminating in what sounded like a hard punch in the face, the woman crying out in pain, and someone falling on the floor. My friend said he had said nothing, but was increasingly bothered by what he heard.

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Ethics Implications Of The Bar Exam First-Time Test-Taker Demographic Pass Rates

/ Jack Marshall / 18 Comments

The ABA Section of Legal Education and Admissions to the Bar released the 2022 ABA data on bar exam pass rates by race, ethnicity and gender. The DEI folks will NOT be happy.

There were 33,721 first-time bar exam hopefuls in 2022. 2,510 candidates were, and presumably still are, black. Their pass rate was 57% in 2022, down from 61% in 2021. Of all of the demographic groups, this was the worst rate. The rest:

  • Native Americans:  60% out of 183 candidates.
  • Hawaiians: 69% out of 45 candidates.
  • Mixed race:  74% out of 1,186 candidates.
  • Asians: 75% out of 2,199 candidates
  • Whites: 83% out of 21,553 candidates.

In the ever amusing gender categories, the breakdown was:

  • 80% for men
  • 79% for the, uh, creative gender identities
  • 77% for women 
  • 63% for those who did not disclose their gender.

The ABA standard for the minimum adequate law school pass rate for first time bar exam-takers is an average of 75% over two years.

Ethical implications:

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Now THAT’S An Unethical Concession Speech!

/ Jack Marshall / 14 Comments

Wisconsin’s Supreme Court election Tuesday gave Democrats (well, liberals/progressives—the election is supposedly non-partisan) a one-vote majority as it faces deliberations over the state’s abortion ban, its gerrymandered legislative districts and the voting rules for the 2024 presidential election. Milwaukee County Judge Janet Protasiewicz’s defeated former state Supreme Court justice Daniel Kelly and ended 15 years of conservative control of the Wisconsin Supreme Court.

Kelly’s concession speech made Richard Nixon look gracious. Ethics Dunce, Unethical Quote, Incompetent UN-elected official—Kelly qualifies for several EA designations, none of them positive. His speech alone shows that the voters made the right choice. Who wants a judge with such atrocious judgment?

What a jerk.

________________

Pointer: valkygrrl

The First Thing We Do, Let’s Fire All The Principals…

/ Jack Marshall / 11 Comments

Oh, there are many things that need to happen in the wake of Seattle’s Lincoln High School’s leadership demonstrating that it doesn’t comprehend that government-supported racial segregation is illegal and that openly favoring black students is exactly as contrary to core democratic, Constitutional and American values as openly favoring white students. First, however, we need to fire the smiling, racist, woke-poisoned, incompetent fools above.

Here is what they allowed to be published to students and parents:

Our student leaders in our Black Student Union (BSU), Latino Student Union (LSU), and Asian Student Union (ASU) have been hard at working planning our upcoming Multicultural Week March 13th-17th…On Friday of Multicultural Week, students and staff of color and/or those who identify with any group represented by BSU/LSU/ASU are invited for a lunch potluck.

In other words, white and Jews stay away. These alleged education professionals saw nothing wrong with that, directly in contradiction of Brown v. Board of Education though it was. No ethics alarms sounded, because those alarms are as dead  as Thurgood Marshall in these products of the thoroughly rotted culture currently metastasizing in the state of Washington. Continue reading →

Wait, How Can Rebeca F. Rothstein Still Be Employed As A Middle School Teacher? Why Are Parents Allowing Her To Warp Their Children? I Don’t Understand This At All…[Expanded]

/ Jack Marshall / 32 Comments

This story is incomprehensible.

Rebeca F. Rothstein apparently still works at North Bethesda Middle School in the Montgomery County School District despite posting on social media that “‘as a teacher I wish we could do more with our students like teach anti-racism and how to be kind people. Does anyone else feel like… we can skip the math, skip the science, like we’ll do that next year. Maybe this year we focus on teaching our youth how to be anti-racist.” Elsewhere she posted about providing “Marxist literature” to her students. “Fuck capitalism,” she wrote, and in another post shared that she was “tired after a long day of indoctrinating students.” In a video she put on TikTok, Rothstein said,

“I had to un-brainwash myself from capitalism in order to fall in love with socialism and communism. If everyone had the same amount of money, then money wouldn’t be worth anything.”

Wow. I sure want a teacher with that kind of keen insight teaching our next generation!

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In Virginia, More Evidence Of Gross Public Education Incompetence

/ Jack Marshall / 7 Comments

Here is what Al Gore might call an “inconvenient truth,” except that this really is truth, while Al’s was propaganda: there is no valid reason for any responsible parent to entrust the mind and future of a child with the kinds of teachers, administrators and “experts” currently being produced by the U.S. education sector.

What you see above is one more piece of damning evidence.It is a recent test question in an advanced placement (AP) government course in Fairfax County, Virginia’s largest school district, one of the largest in the country, and just a short drive from my home. The question challenged students to choose an “accurate comparison of liberals versus conservatives,” giving them multiple choices.

It sure stumped me. After all, the difference between liberals and conservatives lie in belief systems and ideological orientation, not occupations and demographic categories. However, this basic fact appears to have escaped the creators of the question. (The “correct” answer, at least according to the dimwits who devised the thing, is “C.”)

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