Obama’s Unethical Gift to the Trial Lawyers

After January 1, 2011, when you begin to process all the new taxes coming your way and all the deductions you can no longer take, think about this:

The nation’s largest trial lawyer trade group, the American Association for Justice, has announced it was informed by Obama Administration officials that the U.S. Department of Treasury will give its members (and all tort lawyers) a tax break on contingency fee lawsuits. The new provision is expected to mirror proposed legislation by Sen. Arlen Specter, himself a lawyer, that was previously rejected by Congress last year. That bill would have allowed attorneys to deduct up-front costs in contingency fee lawsuits. Continue reading

Ethically Irresponsible Headline of the Month: The Drudge Report

“WILL OBAMA RETURN $994,795 IN GOLDMAN SACHS CAMPAIGN CONTRIBUTIONS?” screams the Drudge Report, in response to the Obama Administration’s charges of fraud and corruption at Goldman Sachs.

What exactly is this headline trying to imply? Continue reading

Lobbyist Ventriloquism and the Abysmal State of Congressional Ethics

When Washington, D.C. attorney Robert Trout delivered his closing argument in the trial of former Rep. William Jefferson (now known as “Inmate CB476881”) for, among other things, accepting a large cash bribe that was later found in his office freezer, he told the jury that the prosecution was hypocritical and unfair. After all, he said, “If seeking political help was a crime, you could lock up half of metropolitan Washington, D.C.” Jefferson’s actions may have been unethical, and they were certainly a mistake, but really now: isn’t this just what all Congressmen do? Jefferson, Trout argued, just got a little bit carried away.

Jefferson was convicted, so there is some distance left for our faith in our elected representatives to fall before it hits rock bottom. The argument was still ethically disturbing in two respects. First of all, Trout’s pitch amounted to a jury nullification plea, a defense in which a jury is encouraged to ignore the law, and that is unethical lawyering.

Second, Trout may well have been right. Continue reading