confidentiality

The Damage Incompetent Pundits Do: Criminal Defense Misconceptions

/ Jack Marshall / 8 Comments

See? I WARNED you not to listen to Mercedes Colwin!

A couple of months back, I flagged some outrageously mistaken commentary on Sean Hannity’s radio talk show given out by Mercedes Colwin, who is a lawyer but prone to howlers whenever she shows up on Hannity or Fox News, which I suspect favors her for qualities that have nothing to do with her law practice. On the occasion that roused my ire, Colwin suggested that she could not defend a criminal client who told her he was guilty, because she was “an officer of the court.”

This is pundit malpractice grafted to legal incompetence: a defense attorney MUST maintain a client’s legal innocence whether the attorney knows the client is guilty or not, and being an officer of the court has nothing to do with it.

Colwin, who was discussing the Casey Anthony trial, represented herself as an expert and then reinforced the most persistent and most damaging popular misconception about the legal system, which is that there is something unethical about defending guilty criminal clients. The system has to be held to a high standard of due process, and even an “obviously” guilty defendant must be proven guilty with admissible evidence beyond a reasonable doubt. Defense attorneys are there to make sure the state meets its burden of proof by making the strongest argument for their clients’ innocence as possible, whether the defendant has confessed his or her guilt or not. For one thing, a defendant often doesn’t know if he is legally guilty, even if he “did it.” For another, even if he did it, the state still has to prove it.The defense’s job in to make sure it does, Continue reading →

The Intern, The Lawyer and The Recycling Bin: A Cautionary Tale

/ Jack Marshall / 11 Comments

We entrusted the job to our intern: what could go wrong?

Here is a story that should frighten all lawyers who employ non-lawyers to assist with various tasks in their practice, which is to say, every one of them. If you have a lawyer, or ever expect to hire one, maybe it should frighten you, too.

A young woman dumped documents containing private information from the clients of Ashley Bell, one of Gainesville, Georgia’s most respected attorneys, in a newspaper recycling bin at The Gainesville Times. The Times said that a majority of the documents remained in their original file folders, and no effort had been made to conceal the contents or redact sensitive information. The files included phone and Social Security numbers of former clients, information on juveniles and reports and evaluations conducted by the Department of Family and Children Services and Court Appointed Special Advocates regarding the physical and sexual abuse, which state law requires be kept confidential.  From the Times: Continue reading →

Ethics Dunce: Criminal Defense Lawyer Gerard Marrone

/ Jack Marshall / 10 Comments

If defending the Constitution means you can't look in the mirror, you're in the wrong profession.

Levi Aron was charged this week for abduction and death of Leiby Kletzky, an 8-year-old Brooklyn boy who disappeared while walking home from a Jewish day camp last week. Surveillance video showed the child  asking a stranger, alleged to be Aron, for directions and then getting into his car. A city-wide search for the missing child ended when police found the boy’s body parts, leading to Aron’s arrest.

Now Gerard Marrone, one of the two lawyers defending Aron, has withdrawn from the representation. There is, in theory, nothing wrong with that. A lawyer can withdraw from any representation for good cause, as long as the withdrawal doesn’t harm the defendant. Marrone’s withdrawal, however, was done in such a way that it almost certainly harms the defendant, because the lawyer told the press why he was withdrawing.

“I have three little boys,” he told the Daily News,“You can’t look at your kids and then look at yourself in the mirror, knowing that a little boy, who’s close in age to my eldest son, was murdered so brutally.” Continue reading →

Ethics Dunce: Mercedes Colwin

/ Jack Marshall / 16 Comments

It's a mystery: why would Fox News choose her as a legal analyst?

Attorney Mercedes Colwin, an attorney and Fox News commentator, just committed pundit malpractice while discussing the Casey Anthony verdict on Sean Hannity’s radio show. Her professional biography says that she has practiced criminal defense law. If so, she has done so laboring under some serious legal ethics misconceptions.

Said Colwin, in response to Hannity’s query about her past representation of guilty defendants:

“If my client says he did it, then I can’t defend him. I can’t then go into court and say he’s innocent; I’m an officer of the court, Sean!”

What??? Wrong, wrong, outrageously wrong, inexcusably wrong! And also: ARRRRRGHHHHH! Continue reading →

Justice? Michigan Prosecutors Say Davontae Sanford Can’t Get There From Here

/ Jack Marshall / 7 Comments

Davontae Sanford is 18 and in prison. He was 14  when he confessed to shooting and killing four people in a drug house, but now Davontae says he confessed in order to please police.

Vincent Smothers is a professional hit man already convicted of eight murders. He now says that he killed the four victims Sanford took the rap for. There doesn’t appear to be any reason for Smothers to lie about it: the hit man  is not known for his compassion toward others. Smothers even waived his attorney-client privilege with former attorney Gabi Silver so  Silver could testify on Davontae Sanford’s behalf, and say under penalty of perjury that Smothers told her he was responsible for  the killings, and that Sanford didn’t help him.

Prosecutors, however, are trying to block Silver’s testimony, which could free a wrongly imprisoned teen, arguing that it would be hearsay. While Sanford’s attorney, Kim McGinnis, says she has done everything in her power to convince Smothers to testify himself, he refuses, leaving it up to her.

Continue reading →

Unethical Quote of the Week: Actress Reese Witherspoon

/ Jack Marshall / 5 Comments

Him: "AchOO!" Her: "You disgust me!"

“He had a very runny nose. It wasn’t appealing. It wasn’t pleasant.”

Actress Reese Witherspoon, describing to MTV in decidedly negative terms her sex scenes with “Twilight” hearthrob  Robert Pattinson in the soon-to-be-released film “Watter for Elephants.”

I’ve always liked Witherspoon, but it just doesn’t get much meaner and unprofessional than this.  Love scenes and sex scenes are potentially embarrassing for any actor or actress, and film and stage professionals recognize this and scrupulously apply the Golden Rule. If “kissing and telling” is bad, “fake sex and telling” is worse, not merely a breach of trust and confidence, not simply unfair and disrespectful, but a stunning  violation of professional standards. It is also irresponsible for an actress to attempt to shatter a film’s premise before it even opens.

I don’t know what Pattinson did or said during the shoot that provoked the actress to go out of her way to publicly embarrass him, but good luck to Witherspoon the next time she has to play a love scene with an actor. The ironic part is that Pattinson was being thoroughly professional by gamely sticking to the shooting schedule that required him to portray passion when he was suffering from a bad cold….and this is the thanks he gets.Wow.

Reese Witherspoon’s stock in trade has been playing spunky, nice girls. It seems she’s a better actress than we ever realized.

Ethics Hero Emeritus: Dorothy Young, Houdini’s Assistant

/ Jack Marshall / 3 Comments

Dorothy Young knew how to keep a secret.

Dorothy Young, who died March 24 at the age of 103, was the last in a series of scantily clad magician’s assistants for Harry Houdini, the greatest escape artist who ever lived and America’s iconic magician. She remained active in show business for many years after Houdini’s death in 1926. Young appeared several times on Broadway, including the  “New Faces of 1936.” Later, she was half the team of “Dorothy and Gilbert,”a touring nightclub dance act that specialized in a dramatic combination of rumba and bolero—the “rumbolero.”

Young married Gilbert, who was Gilbert Kiamie, heir to a silk underwear fortune. She wrote a novel about her career, “Dancing on a Dime,” that inspired a 1940 Hollywood musical of the same name. Young eventually became a successful painter, and in 2003 gave New Jersey’s Drew University $13 million to endow an arts center.

Why is she an Ethics Hero? Continue reading →

Natalie Portman Ethics, Part II: The Body Double

/ Jack Marshall / 28 Comments

This looks like Oscar, but it's really his body-double, Chip.

Sarah Lane, Natalie Portman’s Designated Ballet Dancer in “Black Swan, ” has caused a controversy by revealing that it was her, not Natalie (okay, maybe Natalie’s head on Sarah’s body), in some/many/most of the dance sequences. This has caused some commentators to suggest that Portman’s Academy Award was based on a sham. The film’s PR flacks made a big deal out of how Portman, with no more ballet training that your sister, worked so hard to acquire professional level dancing skills. Could this have made the difference in the Academy’s decision? Continue reading →

Unethically Leaked Unethical Manuscript Shows That Sarah Palin Is Unethical

/ Jack Marshall / 4 Comments

The Anchorage Daily News has obtained a leaked (read: stolen) manuscript of an unpublished book detailing a close former aide to Sarah Palin’s discovery of the Republican star’s many character flaws. Among other items, the book suggests that she knowingly violated federal election laws.

Now what? Let’s run down the ethical docket: Continue reading →

The Lost Flashdrive and Presumed Consent

/ Jack Marshall / 3 Comments

“Lose a flashdrive here? Call the Arboretum if you’re one of the visitors in this photo, or phone these guys if they are friends of yours. A flashdrive packed with photos and software has been in our lost-N-found for at least a month — Store manager Lynnea suggested we post a photo from the drive and see if someone cla…ims it. Describe the drive and its contents accurately & provide your postal — we’ll happily return it.”

The Boyce Thompson Arboretum in Superior Arizona recently posted this notice on its Facebook page, along with one of the photographs a staff member took off the lost flashdrive. Obviously the material on the drive is private; just as obviously, the flashdrive is lost. Is the Arboretum within reasonable ethical boundaries to examine and publicize private information without the permission of the flashdrive’s owner to help the owner recover his lost property? Continue reading →