Illinois

My Favorite Lawyer Discipline Story of the Year

/ Jack Marshall / Leave a comment

I thought nothing could make me smile in 2010 like the lawyer who told her client she was possessed. This isn’t as spectacular, but it sure is welcome.

The Illinois Administrator has filed a complaint alleging that an attorney falsely certified that he had completed online Continuing Legal Education ( CLE) courses when he actually had his secretary watch the seminars and respond to the periodic prompts required that are supposed to prove that the lawyer is paying attention.

From the complaint: Continue reading →

Is “Have a Nice Day, You Piece of Shit!” An Unethical Goodbye?

/ Jack Marshall / 10 Comments

An ethics complaint has been filed against an Illinois attorney who, as he left a courtroom, bid farewell to his opposing party with the words,  “Have a nice day, you piece of shit!” The alleged legal ethics violations are Illinois Rule 4.4, which prohibits using means that have” no substantial purpose other than to embarrass, humiliate or burden a third person,” and Rule 8.4, which among its provisions forbids “conduct prejudicial to the administration of justice.”

It seems unlikely that the Illinois Bar will find these Rules to have been violated to the extent justifying discipline. Make no mistake: the statement is unethical. Continue reading →

DeLay and Blagojevich: Not Vindicated, Not Innocent, and Not Ethical

/ Jack Marshall / Leave a comment

Both Rod Blagojevich and Tom DeLay were taking victory laps this week, Blago because a jury failed to come to an agreement on his trial for selling political favors, DeLay because the Justice Department dropped its prosecution of  him. In the minds of both of these corrupt and shameless politicians, they were indeed vindicated, because both operate under the delusion that if one’s conduct manages to avoid breaking laws to the point where one could be found guilty beyond a reasonable doubt, then that conduct is “ethical.” This same delusion has been shared by many other human blights on American society and ethical corrupters in business and politics, including Presidents Richard Nixon, and Bill Clinton, Ken Lay, the executives at Goldman Sachs and AIG, Marion Barry, Maxine Waters, and too many others to mention. It is still a delusion. Continue reading →

Integrity, Rep. Mark Kirk, and the Citizen’s Duty to Pay Attention

/ Jack Marshall / 4 Comments

The defenders of G.O.P. Rep. Mark Kirk, who has been caught in more than one misrepresentation of his achievements, will argue (as such people always do) that these “mistakes” are simply campaign gotchas that tell voters nothing about what really counts, which is how he will perform when he is elected, as he hopes he will be, a U.S. Senator from Illinois.

In fact, a candidate who lies about his past honors and job history, as Kirk has, cannot be trusted. He continues to show voters that quality, or lack of quality, as this incident, reported in several sources, proves. From The Plum Line: Continue reading →

Mark Kirk’s Misrepresentations: When Twice Is Too Many

/ Jack Marshall / 5 Comments

Mark S. Kirk, the Republican candidate for that troublesome Illinois Senate seat (the one Rod Blagojevich tried to sell, the one Roland Burris lied to get) was caught in perpetrating some credential-inflating on his curriculum vitae when it was discovered that what he had long claimed was an award bestowed on him for outstanding service as a military intelligence officer was really a group award for his whole unit, and, in fact, someone else had received the honor he claimed as his own. Continue reading →

Rep. Kirk’s False Award

/ Jack Marshall / 3 Comments

Thanks to Republican U.S. Rep. Mark Kirk’s revelation that he has been knowingly misrepresenting (or “lying about”) the nature of a military honor on his official biography for years, following close on the heels of the Richard Blumenthal scandal, we must answer the question: how much dishonesty should the public tolerate in candidates for the U.S. Senate?

How about “none”? Continue reading →

The Not-So-Baffling Mystery of the Missing Ethics Rule

/ Jack Marshall / Leave a comment

ABA  Model Rule 7.6: Political Contributions To Obtain Legal Engagements Or Appointments By Judges
A lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.

That’s pretty clear, is it not? The American Bar Association, in its Model Rules of Professional Conduct, now followed (in various, eccentric forms, to be sure) by 49 states, the District of Columbia and Puerto Rico, emphatically declares that “pay-to-play” arrangements are unethical for lawyers even in states where the sleazy practice might be legal. “Pay-to play” is, after all, classic corruption, older than Mayor Curley, Richard Daley, Boss Tweed and Mister Potter. Lawyers contribute big bucks to the campaign funds of state and local powerbrokers, including Attorneys General and judges, and get big state contracts in return. It is indefensible ethically, although you can find plenty of people who will defend it, their tongues crossed tightly behind their backs all the while. Continue reading →

The Worst Ethics Exam Ever!

/ Jack Marshall / 5 Comments

We all know that Illinois ranks right down there with New Jersey, New York, Connecticut and Louisiana when it comes to unethical government culture. What I didn’t know was that there is an annual ethics test given to all state employees. Or that these two facts may be related in an unusual way.  I thought the ethics exam was in response to the state’s ethical problems. Now I think the exam may be causing the state’s ethical problems.

I also think it may have been written by Mel Brooks. Continue reading →