Why Is A Lying Journalist Not Fit To Practice Law, When A Lying Presidential Candidate Is?

Question: Which two men are fit to practice law? (It's a trick question...)

Question: Which two men are fit to practice law? (It’s a trick question…)

The Wall Street Journal Law Blog muses on an issue that has troubled me for a long time: the fact that the legal profession allows people to keep practicing law whose conduct would have kept them out of the profession had it occurred before they were lawyers.

The reason for the current examination is the apparent inconsistency of disgraced New Republic journalist Stephen Glass continuing to fight and uphill battle (and, I think, doomed) to be admitted to the California bar, while lying scum-of-the-earth John Edwards still has his law license and is opening up a new practice in North Carolina. I wrote about Glass here, and Edwards here.

In the Journal piece, estimable legal ethicist Stephen Gillers opines that the different standards applied to Glass and Edwards are paradoxical,  with the law grads entering the profession being held to more stringent ethical standards  than a veteran attorneys. “If anything, you might say it should be the opposite,” he says.

Especially if the veteran lawyer is a high-profile, national figure who makes every other lawyer want to crawl under a rock… Continue reading

Disbar John Edwards

The last shoe dropped in the sordid John Edwards tale, with his admission that he was indeed the father of his mistress’s infant daughter, as many suspected. This comes months after he emphatically and repeatedly denied this fact to the media, in the course of admitting that he indeed did have an affair with the child’s mother, Rielle Hunter, after months of denying that. His efforts at covering up all of this ultimately incorporated his terminally ill wife, his friend and supporter Fred Baron, who paid his mistress to make herself scarce, and his aide Andrew Young, who was induced to publicly claim that he, not Edwards, was the father of baby Quinn. All of the deception initiated by Edwards took place while he was running for the Democratic presidential nomination, on a platform of moral obligation and justice. Continue reading

“The Good Wife” and Bad Ethics

Julianna Margulies’ latest attempt to find another hit series after “ER” is a lawyer drama, “The Good Wife.” It tells of the travails and trials of a former litigator who returns to law firm practice after her prosecutor husband, played by “Mr. Big” Chris Noth, is sent to the slammer in a scandal that also involved marital infidelity. As lawyer dramas go, “The Good Wife” is fairly good about not distorting the legal ethics rules. It still slips up, however, as this week’s episode showed. Continue reading