Professions

Meatball’s Lawyer’s Infuriating Excuse For Her Client’s Role In Philly’s Looting Spree: Yes, It’s Unethical, But Not For The Reason You Might Think

/ Jack Marshall / 6 Comments

[Unlike the previous post, I remembered to attach the statement I’m writing about in this one. The Bowman update now has the missing information, thanks to Old Bill who reminded me this morning that I’m a moron ]

Following close on the metaphorical heels of Rep. Bowman’s ridiculous excuse for setting off a fire alarms to delay a vote in Congress yesterday (‘Oh THAT’S what a fire alarm looks like! Who knew?’) comes the equally ludicrous statement of Jessica Mann, the criminal defense attorney for Dayjia Blackwell who represents the 21-year-old Philadelphia “influencer” known as “Meatball.”

Blackwell was arrested and charged with burglary, conspiracy, criminal trespassing, rioting, criminal mischief, criminal use of communication facility, receipt of stolen property and disorderly conduct. This seems fair, as she not only livestreamed the destructive rioting and looting that took place for two days in Philadelphia last week, but encouraged her fans to participate, and took part in the crime spree herself, announcing what she had stolen in the video feed. Then, after her arrest, she begged her fans to donate money for her bond (she told her 196,000 followers, “All I want to do is go treat myself” and plugged her Cash App handle) then quickly had T-shirts, hoodies and other items made using her mugshot above— and thanks, Donald Trump, for creating this obnoxious new trend. Those are selling briskly. “Remorse” does not seem to be part of her defense—-nor innocence, since she’s on video doing everything she’s charged with.

Despite all this, lawyer Mann posted on Instagram…

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An Invitation To Be An Unethical Lawyer…

/ Jack Marshall / 7 Comments

Just as I was preparing yesterday for today’s 3-hour legal ethics CLE seminar (which, coincidentally, contained a section about the unsettled status of lawyers using artificial intelligence for legal research, writing and other tasks in the practice of law), I received this unsolicited promotion in my email:

Let’s see: how many ways does this offer a lawyer the opportunity to violate the ethics rules? Unless a lawyer thoroughly understands how such AI creatures work—and a lawyer relying on them must—it is incompetent to “try” them on any actual cases. Without considerable testing and research, no lawyer could possibly know whether this thing is trustworthy. The lawyer needs to get informed consent from any client whose matters are being touched by “CoCounsel,” and no client is equipped to give such consent. If it were used on an actual case, there are questions of whether the lawyer would be aiding the unauthorized practice of law. How would the bot’s work be billed? How would a lawyer know that client confidences wouldn’t be promptly added to CoCounsel’s data base?

Entrusting an artificial intelligence-imbued assistant introduced this way with the matters of actual clients is like handing over case files to someone who just walked off the street claiming, “I’m a legal whiz!” without evidence of a legal education, a degree, or work experience.

On the plus side, the invitation was a great way to introduce my section today about the legal ethics perils of artificial intelligence technology.

More On The Fake Defendant Ploy

/ Jack Marshall / 4 Comments

Yesterday’s post about the lawyer facing disciplinary charges for secretly having someone else pretend to be her client in a hearing that would involve an alleged victim of a hit-and run identifying the defendant in court sparked references to Perry Mason and “Better Call Saul’s” central unethical lawyer using the same trick. I’ve also included a discussion of this tactic in my ethics orientation presentation for new bar members for many years. As some commenters pointed out, in court IDs where the alleged perpetrator of a crime is sitting next to the defense attorney at defense counsel’s table are inherently unfair. Courts have pointed this out too. The “fake defendant” ploy has been justified as avoiding that problem.

However, it isn’t nice to fool the judge. If a lawyer suspects that an alleged victim can’t identify his or her client and will point at anyone in the chair next to defense counsel, having someone who might resemble the defendant (or not) sit where the defendant would be expected to sit while the real defendant sits elsewhere in court might be permitted, but the judge has to be told about the plan and asked to approve it in advance. Not doing so almost guarantees a criminal contempt citation for the lawyer, maybe a mistrial, and eventual bar discipline. In addition, the lawyer cannot and must not refer to the fake defendant as his or her client by word or body language other than having the individual sitting at the lawyer’s table. Most jurisdictions have rules limiting who sits at counsel tables; that’s why Perry Mason’s ploy of using Della, his loyal legal secretary, to confuse the witness might have been at least legal in Los Angeles when he tried it.

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Now THAT’S An Unethical Lawyer…And An Ethics Dunce Too!

/ Jack Marshall / 12 Comments

Lawyer Nicolle T. Phair of Sanford, North Carolina was representing a client in an alleged hit-and-run accident in Lee County, North Carolina, and thought she had an idea for a strategem worthy of Perry Mason. At a hearing, the victim of the accident was going to be asked to identify the defendant, Phair’s client. Shortly before the hearing began, the attorney asked her client to step outside the courtroom. She then went to another courtroom and asked a party in a civil case to “do her a favor.” The favor was to stand beside her in court in the hit-and-run hearing so the victim might identify the wrong man as the driver. Instant reasonable doubt! Brilliant!

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Ethics Dunce (But We Knew That): The American Bar Association

/ Jack Marshall / 21 Comments

The ABA’s House of Delegates this week approved a resolution urging law schools to give either academic credit or monetary compensation to their students who serve as editors of law reviews or other academic journals. This is right in line with the logic that has college football and basketball plantations paying their student athletes, who already are getting scholarships and often diplomas they couldn’t justify based on their academic skills. Paying or otherwise compensating students who serve as law journal editors is just as reasonable, which is to say that it isn’t reasonable at all. In fact, the proposed practice, which some law schools already embrace, is unethical.

Reuters, in its news article about the ABA’s most recent intrusion into matters they ought to steer clear of, inadvertently explains why this concept is wrong-headed. It notes that these positions are “sought-after credentials that can bolster a law student’s job prospects.” Exactly, which means that students would gladly pay the law schools to get them. Being appointed as a law journal editor is its own reward: why should the recipients be paid for it too? Indeed, if the ABA’s reasoning applies, why only the editors? The other members of the law journals staffs are also providing valuable services to the school, its alumni, and the legal profession. They should be paid as well, or, to put it another way, none of the law journal staff should be paid, including the editors, just as student athletes shouldn’t be paid.

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Unethical Headline Of The Year (So Far): Conservative Website “Hot Air”

/ Jack Marshall / 13 Comments

Ugh.

How disgraceful. Here is the headline: “Clarence Thomas must resign because he went on vacation or something.” Despicable.

Justice Thomas, the most extreme conservative jurist on the U.S. Supreme Court, already, in the assessment of Ethics Alarms, has been shown to have engaged in unethical judicial conduct by raising a flaming appearance of impropriety with his acceptance of lavish junkets from an activist conservative billionaire and his failure to report them. The verdict here in April was that Thomas is obligated to resign, and that is still the verdict. His inexcusable conduct not only undermines his own credibility but the credibility and legitimacy of the entire Supreme Court.

But now, there is evidence that Thomas’s conduct was even worse than what was reported last Spring. From Pro Publica:

A cadre of industry titans and ultrawealthy executives have treated him to far-flung vacations aboard their yachts, ushered him into the premium suites at sporting events and sent their private jets to fetch him — including, on more than one occasion, an entire 737. It’s a stream of luxury that is both more extensive and from a wider circle than has been previously understood. Like clockwork, Thomas’ leisure activities have been underwritten by benefactors who share the ideology that drives his jurisprudence. Their gifts include: At least 38 destination vacations, including a previously unreported voyage on a yacht around the Bahamas; 26 private jet flights, plus an additional eight by helicopter; a dozen VIP passes to professional and college sporting events, typically perched in the skybox; two stays at luxury resorts in Florida and Jamaica; and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast. While some of the hospitality, such as stays in personal homes, may not have required disclosure, Thomas appears to have violated the law by failing to disclose flights, yacht cruises and expensive sports tickets, according to ethics experts. Perhaps even more significant, the pattern exposes consistent violations of judicial norms, experts, including seven current and former federal judges appointed by both parties, told ProPublica. “In my career I don’t remember ever seeing this degree of largesse given to anybody,” said Jeremy Fogel, a former federal judge who served for years on the judicial committee that reviews judges’ financial disclosures. “I think it’s unprecedented.”

Jeez, I hope it’s unprecedented! The degree of arrogance and dunder-headedness that led Thomas to do this is astounding. He’s known he’s had a target on his back since he was nominated for SCOTUS; he knows, or should know, that he is going to be scrutinized for missteps like no other Justice in the Court’s history. For Thomas to accept such trips and luxuries from parties who stand to benefit from the results of the Court’s deliberations is as irresponsible for a controversial Supreme Court Justice as it would have been for Jackie Robinson to secretly run a numbers game while he was playing for the Dodgers.

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Now THESE Are Unethical (California) Lawyers…

/ Jack Marshall / 3 Comments

Famed California trial attorney Tom Girardi was accused of stealing more than $18 million from clients; I was late to the metaphorical party, not covering the long-running ethics scandal until a month ago. (Sorry.)The State Bar of California had opened 205 disciplinary investigations in 40 years against Girardi, but he ducked accountability until the very end, in part because of pay-offs to bar staff.

One of several new regulations designed to prevent future Girardis is the Client Trust Account Protection Program. That requires the state’s lawyers to report whether they are responsible for client trust accounts, to provide basic account information, to complete an annual self-assessment, and to certify that they comply with ethics rules related to safeguarding client funds. The point, of course, is to stop lawyers from stealing from their clients. There are a lot of unethical practices lawyers get away with, but not taking proper care of client funds is supposed to be the third rail of lawyer misconduct.

The deadline for compliance with Client Trust Account Protection Program was April 3, 2023. Lawyers who failed to comply were fined $75 and had until June 30 to meet the regulations. Suspensions began in July. The results: 1,641 California lawyers have had their licenses suspended.

This is not a good sign.

Now THIS Is An Unthical Judge…

/ Jack Marshall / 4 Comments

In fact, “unethical” doesn’t do her justice.

A courtroom security camera caught Lincoln County (Oklahoma) District Judge Traci Soderstrom during a murder trial as she paged through her iPhone, checking Facebook, surfing the web, and texting as the trial went on, supposedly under her supervision. This continued for hours. The case involved the brutal murder of Braxton Danker, 2, who was beaten to death by 32-year-old Khristian Tyler Martzall. Soderstrom ordered the jury at the outset of the trial to turn off their phones. “This will allow you to concentrate on the evidence without interruption,” intoned the judge. Then she had her own eyes glued to her phone screen during opening statements and witness testimony.

After the video was discovered, the judge dealt with the scandal by having camera moved rather than try to explain or apologize for her behavior.

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This Biased Journalism Fiasco Explains So Much It Should Be Taught In Journalism AND Ethics Classes

/ Jack Marshall / 7 Comments

Nah, there’s no mainstream media bias! And sure, journalism is a profession! You can always trust journalism icons!

No…no…and no.

Business Insider published an alleged news article headlined, “More people actually moved out of Florida than New York or California in 2021.” Part of the ongoing effort on both the political Rights and the Left to sink Florida Governor Ron DiSantis’s chances of keeping Donald Trump off the GOP 2024 Presidential ticket, the story claimed to debunk the conventional wisdom that the ultra Woke states are bleeding residents while DiSantis’s state’s population is growing. 674,740 residents left Florida, BI told us, exceeding the total of 433,402 residents who had fled California and the 287,249 residents moving out of New York.

It was pure confirmation bias. The stats were unbelievable on their face, but the Business Insider staff believed them anyway, because they wanted to. After being roundly smacked on social media, BI reversed itself with a replacement post headlined, “We got it wrong: More people moved out of New York and California than Florida in 2021,” that revealed,

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Ethics Dunce: Power Line

/ Jack Marshall / 6 Comments

The tweet above is a joke, and announces itself as one. What makes the joke especially funny is that it is conceivable that New York’s ridiculous, socialist, Dunning-Kruger victim Congresswoman would really say something like this. That is also why it is extremely important ethically for the satire account’s tweets to make it clear that its output is parody.

The site does that. The account has the handle @AOCpressTwo and the username Alexandria Ocasio-Cortez Press Release (parody). Its bio reads, “I’m the boss – you mad bro? (parody)” (www.twitter.com/AOCpressTwo).

However, in conservative website Power Line’s weekly collection of memes, cartoons and jokes covering the previous seven days’ events from a rightish perspective, it includes this version of the tweet:

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