Abraham Lincoln: Good Lawyer, Bad Lawyer, Conflicted Lawyer

Lincoln in trialI recently quoted a fairly well-known section from some notes Abe Lincoln made for a lecture he was to present to young lawyers in 1850. Some of you asked if would post the whole document, which I am happy to do. Here it is:

I am not an accomplished lawyer. I find quite as much material for a lecture in those points wherein I have failed, as in those wherein I have been moderately successful. The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day. Never let your correspondence fall behind. Whatever piece of business you have in hand, before stopping, do all the labor pertaining to it which can then be done. When you bring a common-law suit, if you have the facts for doing so, write the declaration at once. If a law point be involved, examine the books, and note the authority you rely on upon the declaration itself, where you are sure to find it when wanted. The same of defenses and pleas. In business not likely to be litigated, — ordinary collection cases, foreclosures, partitions, and the like, — make all examinations of titles, and note them, and even draft orders and decrees in advance. This course has a triple advantage; it avoids omissions and neglect, saves your labor when once done, performs the labor out of court when you have leisure, rather than in court when you have not. Extemporaneous speaking should be practised and cultivated. It is the lawyer’s avenue to the public. However able and faithful he may be in other respects, people are slow to bring him business if he cannot make a speech. And yet there is not a more fatal error to young lawyers than relying too much on speech-making. If any one, upon his rare powers of speaking, shall claim an exemption from the drudgery of the law, his case is a failure in advance.

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.

Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife, and put money in his pocket? A moral tone ought to be infused into the profession which should drive such men out of it.

The matter of fees is important, far beyond the mere question of bread and butter involved. Properly attended to, fuller justice is done to both lawyer and client. An exorbitant fee should never be claimed. As a general rule never take your whole fee in advance, nor any more than a small retainer. When fully paid beforehand, you are more than a common mortal if you can feel the same interest in the case, as if something was still in prospect for you, as well as for your client. And when you lack interest in the case the job will very likely lack skill and diligence in the performance. Settle the amount of fee and take a note in advance. Then you will feel that you are working for something, and you are sure to do your work faithfully and well. Never sell a fee note — at least not before the consideration service is performed. It leads to negligence and dishonesty — negligence by losing interest in the case, and dishonesty in refusing to refund when you have allowed the consideration to fail.

There is a vague popular belief that lawyers are necessarily dishonest. I say vague, because when we consider to what extent confidence and honors are reposed in and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid. Yet the impression is common, almost universal. Let no young man choosing the law for a calling for a moment yield to the popular belief — resolve to be honest at all events; and if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer. Choose some other occupation, rather than one in the choosing of which you do, in advance, consent to be a knave.

This is uniformly excellent, and justly cited to show Lincoln’s high ideals as a man and a professional. This quote, however, is also cited for that purpose, and I am not so fond of it. Since it comes to us second-hand, a.k.a as hearsay, from Lincoln’s law partner, friend and biographer William Herndon, I hesitate to hold it against him too much, for it may be a misrepresentation. I am more concerned with the fact that what follows is sometimes packaged with the notes above, as if they are equally worthy of emulation. No, they are not. Continue reading

Ethics Hero: American League Batting Champion Jose Altuve

Altuve

There was another baseball Ethics Hero who emerged on the last day of the regular season yesterday. File it under “Sportsmanship.”

Houston Astros secondbaseman  Jose Altuve (at less than 5′ 5″, the shortest athlete in a major professional sport) began the day hitting .340, three points ahead of the Tigers’ Victor Martinez, who was at .337. Even with all the new stats and metrics showing that batting average alone is not the best measure of a baseball player’s offensive value, a league batting championship remains the most prestigious of individual titles, putting a player in the record books with the likes of Ty Cobb, Ted Williams, Rogers Hornsby, George Brett, Ichiro Suzuki and Tony Gwynn. It’s still a big deal. If Altuve didn’t play in Houston’s meaningless last game, Martinez would have to go 3-for-3 to pass him, giving the DH a narrow .3407 average compared with Altuve’s .3399. By playing, Altuve would risk lowering his average, providing Martinez with a better chance of passing him.

Many players in the past have sat out their final game or games to “back in” to the batting championship, rather than give the fans a chance to watch a head to head battle injecting some much-needed drama to the expiring season. ESPN blogger David Schoenfield recounts some of those episodes here.

Altuve, however, gave Martinez his shot. He played the whole game, had two hits in his four at-bats, and won the American League batting title the right way—on the field, not on the bench.  (Martinez was hitless in three at bats.)

The conduct, simple as it was, embodied fairness, integrity, courage, respect for an opponent, and most of all, respect for the game.

Sportsmanship lives.

If Someone Praises The Job Eric Holder Did As Attorney General, That Tells You All You Need To Know

eric_holder_ap1

Eric Holder was the most political, biased, inept and undemocratic U.S. Attorney General  in at least 70 years, with the  exception of Nixon’s AG, John Mitchell, who went to jail. And the Attorney Generals have been uniformly terrible in this period; being one of the two worst takes talent, determination, broken ethics alarms and wretched judgement.

Those who praise Holder either are doing so without any idea about his record, or because they want the justice system in the United States to be racially and ideologically biased. The results of the latter, which is Holder’s real legacy, can be seen in the rising distrust between races, and the frequent description of Holder as being Obama’s “scandal goalie.”  The latter isn’t completely fair, because the news media has also been the President’s scandal goalie. The proof: few of the mainstream media retrospectives on Holder’s tenure mentioned the Justice Department’s refusal to hold a thorough and open investigation of the still unfolding I.R.S. scandal, which should have, and under any Republican administration, would have, included an independent prosecutor, because the news media would be screaming for one. This abdication of duty and naked partisanship by Holder alone condemns him. Unfortunately, there is a lot more.

You can begin with the “inside baseball” reports that Justice, under his administration, is a confused mess. That’s hardly surprising, for since the President eschews management and oversight, this is the tendency up and down the system. Without well-regulated policies and oversight, partisan meddling flourishes.

I have neither the time nor the energy to detail each and every example of Holder’s toxic racial and partisan biases, or his flat out ineptitude; there are too many to list, and I am sure I don’t know about some whoppers. Never mind: a fraction of the list would have made the resignation of any other Attorney General mandatory and beyond debate.  Holder is black, and this guaranteed that short of setting fire to the Supreme Court, he would only leave when he was ready. That alone is disgusting.

Here are some other Holder achievements:

1. “If Holder had his way, Khalid Sheikh Mohammed, the mastermind of the Sept. 11 terrorist attacks, might now be on death row,” says ABC. This is the media spinning for Holder: his efforts to have the terrorist tried in New York City was when I first realized how out of his depth he was.

In the contentious Congressional hearings on the matter, Holder told the nation that“Failure is not an option. These are cases that have to be won.” “That have to be won”? Failure, as in acquittal, is “not an option”? This was a confession of the muddled, simultaneously alpha and omega false logic that would become a hallmark of Obama World. Holder proclaimed that the world had to see the United States give its enemies a fair trial, then told Congress that the “fair trial” he was proposing was a show trial,  a kangaroo court, in which justice meant a guilty verdict. It was a stupid, stupid thing for any lawyer, much less an Attorney general to say. Tragically, it was no aberration.

2. Holder refused to defend the Defense of Marriage Act, though it was a law passed by Congress and signed  by a Democratic President. I think he should have been impeached for that. Slate, among others, says that he was “vindicated” because the Supreme Court held the law unconstitutional. They didn’t vindicate his refusing to do his job. It is not the prosecutor’s duty to veto laws duly passed by the legislature and signed into law, nor should he have the power to do so. Holder’s precedent took a bite out of the rule of law, and stood for stunning arrogance. He viewed DOMA as a civil rights incursion: gee, what other laws don’t you like, sir? We found out: he didn’t like drug laws, because he sympathized with the poor, black criminals that tended to violate them. His solution? Minimize the penalties, and send the message that abusing illegal drugs was no big deal. Democrats wanted to curry favor with the Hispanic-American voting bloc? Holder was eager to assist by not enforcing the Federal laws, and by doing everything he could to prevent the states from policing illegal immigrants as well. In a system of laws, favoring authorities that pick and choose which to enforce according to their political beliefs is endorsing obstruction over process, and politics over justice.

3. When acting unconstitutionally suited Holder’s partisan masters, however, he would do it. In 2013, the Justice Department  seized Associated Press phone records, and monitored Fox News reporter James Rosen following a story he published in 2009 on Iran.

4. Holder oversaw specious and intellectually dishonest justifications for the U.S. policy of assassinating suspected terrorists without providing them with a trial, and or any evidence that they were planning imminent attacks. By defining the word imminent in the broadest possible way, this advocacy for the elimination of due process equaled the worst deceits of the Bush Torture Memos, the only difference being an official pass from the Obama-enabling press. The policy, basically a license to murder, ensured that assassinations could be carried out against anyone who the U.S. government feared if the person was located on foreign soil and could not be captured.

5. Then there is Operation Fast & Furious, the proof positive that Holder was going to get away with anything and everything. The Bureau of Alcohol, Tobacco, Firearms and Explosives lost an estimated 1,400 weapons in Mexico, among them: two guns that were used to kill U.S. Border Patrol agent Brian Terry in December 2010.  Holder is the supervisor of the ATF, but testified before the House Judiciary Committee that he had only known about the sting named “Operation Fast & Furious,” for a few weeks. Then investigators uncovered memos on Fast & Furious sent to Holder in July 2010. A reasonable conclusion was that Holder had lied under oath. Oh, no, Holder “explained,” he never read the memos. He was incompetent, not culpable. Despite all evidence to the contrary, Holder indignantly denied a DOJ cover-up, saying that“This operation was flawed in concept, as well as in execution,”  and refusing to be held accountable for his own department’s deadly botch. Bolstered by Obama’s assertion of executive privilege, which prevented future prosecution, Holder refused to turn over documents related to the fiasco. Congress held Holder in contempt in June 2012, and he thoroughly deserved it, because the American people had a right to know the extent of the bungling in the highest reaches of the Obama Administration.

6. Although the supporters of Holder claim that his legacy was built on a dedication to civil rights, this was only in the narrow areas where the Democratic Party saw political advantage. He was not concerned, for example, in the civil rights of Americans when the government wanted to use modern surveillance technologies to spy on them. In the 2012 Supreme Court case U.S. v. Jones, Holder’s Justice Department argued that the police did not violate the Fourth Amendment by attaching  GPS devices to cars so they could know where they were going and where they had been, with that evidence used to acquire evidence. incriminate, try and imprison.  The Supreme Court rejected that position unanimously, because it was a mark of a burgeoning police state.

7. When Democrats wanted to create racial divisions, however, to rile up the base, Holder reported for duty. He assisted the unconscionable effort, still ongoing, by Democrats to characterize a responsible and necessary protection of the integrity of the voting process—photo IDs—as a racist plot, though the measure had long ago been approved by liberals, and only recently became stigmatized as “voter suppression.”

8. Holder’s major wound that he inflicted on the nation was his clear intention to project the image of a black Attorney General whose concern was minorities, whose assumption was that whites were the enemy, and whose biases were front and center. An early cue was his department’s abandonment of charges against two New Black Panthers who stood armed outside a Philadelphia polling place. The controversy, assisted by the media, devolved into an argument over whether this was an example of Justice receiving orders from the political Machiavellis in the White House, or just a lousy, bigoted example of “discretion.” A long official investigation found the latter, but either way, the message sent to white Americans was that this Justice Department was not especially interested in protecting their rights. In the Trayvon Martin shooting and the Ferguson episode, two local issues that should not have been his concern, Holder made statements, engaged in gestures and took actions that signaled his allegiance to the black victims, and opposition to the white (or “white Hispanic”) individual accused. He repeatedly spoke collaboratively before Sharpton’s followers, endorsing their diagnoses of a racist nation, and, by extension, a white population aligned against African Americans. Especially revolting was his repeated attempts to duck legitimate accountability for, you know, being terrible at his job, by race-baiting, such as when he explained Congressional criticism of his handling of Fast & Furious—a career-ender for any white Attorney General, or an appointee of any President who believed in accountability, by saying in 2011…

“This is a way to get at the president because of the way I can be identified with him, both due to the nature of our relationship and, you know, the fact that we’re both African-American.”

It shouldn’t have to be said, but I’ll say it anyway: the job of Attorney General, like the job of President, must be, and must be seen as being, absolutely neutral regarding race. Holder intentionally projected himself as an AG who cared more about minorities than non-minorities, increasing distrust, undermining respect in the justice system, and dividing the nation.

9. Not that he wasn’t feckless and incompetent too: for example, Holder’s Justice Department, almost certainly to ensure later campaign support, allowed multiple corporate criminals to escape serious punishment. For example, the Justice Deportment made a ridiculous plea deal to allow Halliburton executives to avoid jail time after they destroyed evidence of their culpability in the Deepwater Horizon oil spill. The company agreed to pay the maximum allowable fine of $200,000, accepted  a three-year probation;  continued its cooperation with the government’s criminal investigation (which it had to anyway), and  made a voluntary contribution of $55 million to the National Fish and Wildlife Foundation to clean off those oil-covered sea birds and otters. It could do this with the confidence that hard-core Democrats, being total hypocrites, would still attack the Republican party as a cadre of soulless corporate fat cats and insist that any criticism of Holder’s Justice Department and his boss’s administration was rooted in racism.

And again, the amazing thing is: That’s not all.

Any politician, elected official, pundit, columnist, civil rights leader or President who declares that Eric Holder was a wonderful public servant and a great American is telling you one of three things, or all of them:

  • They are liars.
  • They don’t know anything about Eric Holder, or
  • They believe the integrity of the nation’s laws should be warped and the public trust should be forfeited for a race-based, partisan agenda.

I don’t know about you, but I’ll be taking names.

Is There An Ethical Interpretation of Hillary’s Response To The Illegal Immigration Activist In Iowa?

Psst! The "thumbs up" really means, "I like your shoes"...

Psst! The “thumbs up” really means, “I like your shoes”…

In case you missed it while waiting for the next NFL player to beat up someone, Hillary Clinton, who is in Iowa theoretically testing the waters for a Presidential bid, answered this way when pressed by an activist on the rope line to give her views on President Obama’s delay of his promised executive order granting some privileges to illegals…

“I think we have to elect more Democrats.”

What did she intend to convey by this, and can such an intent possibly be defended? Some possibilities:

A. Translation: “I am running for President, and to be successful, I can’t possibly tell you my real views on this topic, since whatever position I take will lose votes. So I’m going to answer with a non-sequitur, as if I didn’t hear the question.”

Is this ethical? No. It’s an important issue, and if she is running for President, she has an obligation to communicate her views. If she has a position but doesn’t have the integrity and courage to communicate it, that’s cowardly and a breach or responsibility.

B. Translation: “We risk losing at the polls in November if voters know what the President really intends to do, and those who stand to benefit from his unilateral act circumventing the democratic process will vote Democratic anyway, even if the delay infuriates them. So it’s the smart move.”

Is this ethical? Surely not. It’s an admission that the President is trying to gull low-information voters, and that she approves of the strategy. It’s an expression of support for allowing the deportation of human beings for speculative political gain. It’s an endorsement of “the ends justify the means.” Continue reading

I Don’t Believe It! Rep. Mark Sanford (R-SC) Betrayed Someone Who Trusted Him? NO!

SANFORDSignature significance. It is the one act that shows that “anyone can make a mistake” is the confounding rationalization that it is. For there are single instances of bad conduct that tell you everything you need to know about someone’s character. If, for example, a state Governor disappears, leaving his aides to lie that he’s “hiking,” when he really is AWOL and cheating on his wife with his “soul mate” in South America, this is signature significance. This man can’t be trusted, and its a good bet that he’s not playing with a full deck, either.

I am speaking, of course, about Rep. Mark Sanford, once the Governor of South Carolina. His tenure in that high office was a casualty of his being stricken with overwhelming amorous feelings for Argentine beauty Maria Belen Chapur, who, he said, was the love of his life. The previous love of his life, Sanford’s wife, was understandably bitter, but not the forgiving, absurdly gullible voters of South Carolina, who after waiting a couple of years, allowed Sanford back into a position of power over their lives, electing him to the House of Representatives.

The fools! Continue reading

The NFL’s Foolish, Counter-productive, Unethical Gay Affirmative Action

Hey, if Nathan is happy, then the NFL is happy...

Hey, if Nathan is happy, then the NFL is happy…

The Dallas Cowboys signed openly gay defensive lineman Michael Sam to be a member of its taxi squad, thus making him–let’s see,now—the first gay NFL practice squad player ever, at least the first to let everyone know his sexual proclivities. Wow…that’s some great plot for a made-for-cable movie! I’m getting goosebumps already!

Some sportswriters had opined that it would be a “disaster” for the NFL if Sam , who was cut by the Rams, the team that drafted him, wasn’t signed by some pro team, on the theory that this would expose the whole league as bigoted against gays. Of course, it could also mean that Sam just isn’t good enough, and whom he chooses to roll in the hay with isn’t considered either a virtue or a detriment to playing NFL football. This would be called, I believe, common sense and integrity.

Never mind. Several sources report that the NFL, also believing that there was a looming disaster, “lobbied” teams to sign Sam after he was cut. This both establishes a policy of gay affirmative action in the NFL, and also exemplifies what is wrong with all affirmative action. Let’s make a list: Continue reading

Unethical Tweet Of The Month: New York Magazine Columnist Frank Rich

Stay classy, Frank.

Stay classy, Frank.

Full disclosure: I went to college with Frank Rich. He gave me a rave review for a performance once. When he turned into the vicious, biased, hateful jerk he reveals himself to be in his not merely progressive but irrationally  hostile to conservatism op-ed columns and, prior to that, his vitriolic and hyper-critical theater reviews for the Times, I don’t know. Maybe if I had befriended him back then, he would not be the bitter misanthrope his is today. Maybe just an outstretched hand, a kind word, or a sharp, “Why don’t you stop being such a dick?” would have turned the tide of his life around. Alas, we shall never know.

Here is what Rich tweeted yesterday, upon learning of the guilty verdict handed down against former Virginia Governor Bob McDonnell and his wife:

Rich Tweet

Continue reading

Senator Landrieu’s Corrupting Lie

Moon and Mary. If home is where the heart is, she's probably OK.

Moon and Mary. If home is where the heart is, she’s probably OK.

This is a fact: Mary Landrieu, the Democratic senator from  Louisiana, doesn’t live in that state, hasn’t for years, and nobody believes she does.

She and her husband, who, unlike the Senator, doesn’t even pretend to live in the Bayou State, live in what the Washington Post calls “a stately, $2.5 million brick manse she and her husband built on Capitol Hill.”  The problem, or what should be a problem, is that Louisiana, by law, requires its U.S. Senators to really and truly live there. Louisiana’s Election Code states that a U.S. senator must be “an inhabitant of Louisiana when elected,” and Landrieu is hoping to be elected, which in her case means re-elected in November.

They are clever in Louisiana, so Landrieu, wink-wink-nudge-nudge, claims that she resides in the New Orleans neighborhood of Broadmoor in the home where her  parents, Moon (yes, Moon) and Verna live.  The Post explains that Verna Landrieu jointly owns the house with Nineland Partnership, a limited liability corporation the family set up for the estate planning purposes. Senator Landrieu and her eight siblings, who all grew up in the house, have equal stakes in the partnership.

She does not, in fact, live there. The other families ion the neighborhood all admit that they have never seen her.  Yet when she signed papers, under oath, establishing that she was running again for U.S. Senator, though Senator Landrieu’s  statement of candidacy filed with the Federal Election Commission  listed her Capitol Hill home as her address,  she listed her parents home as her residence to qualify for the ballot in Louisiana last week. Continue reading

Why The Winooski Bacon Controversy Matters

bacon signLast week, Sneakers Bistro and Cafe in Winooski, Vermont removed a sign reading “Yield for Sneakers Bacon” from a garden at the Winooski Rotary after a woman who described herself as “a vegan and a member of a Muslim household” called the sign offensive in an online post.

“Given the large number of Muslim families in Winooski, as well as many others who do not eat pork for a variety of reasons, it seems unnecessary for this insensitive business sign to be at the city’s main crosswalk,” she wrote. Sneakers, obeying the growing U.S. cultural mandate that any individual has a veto over words and conduct that he or she finds offensive regardless of 1) whether it is offensive to anyone else and 2) whether the alleged offense is certifiably bats, apologized, and took the sign down.

I am happy to support that this decision did not play well, even in ultra-liberal Vermont, and under a barrage of criticism on the web and elsewhere, the Sneakers’ management posted the following message on its Facebook page, thus making their situation worse:

“We are here to serve people BREAKFAST, not politics. We removed the sign that was located on public property as a gesture of respect for our diverse community. There were also concerns raised about safety. Removing it was not a difficult decision. We still love bacon. We still love eggs. Please have the political conversation elsewhere.”

That idiotic statement was the disaster anyone conscious should have been able to predict it would be. And let’s be thankful this is still true. Tomorrow, Sneakers’ response may be standard operation procedure, even if ISIS doesn’t take over the country while the President is breaking par. Continue reading

Look! There Is Hope! Sometimes The System Actually Works!

hallelujah

The 8th Circuit Court of Appeals rejected the absurdly lenient prison sentence given to an Iowa police officer who brutally beat a man without cause, then filed a false police report accusing his victim of attacking him. Mersed Dautovic had been sentenced to just 20 months for the attack after a four-day trial in which a Des Moines jury found him guilty of using excessive force and obstructing justice.

Though the sentencing guidelines called for a range of 135 to 168 months, the trial judge sentenced sentenced Dautovic to only 20 months in prison.
A three-judge panel on the 8th Circuit found this to be a “substantively unreasonable” punishment for Dautovic’s “egregious” conduct, which included savagely beating an innocent man, causing his victim serious and permanent bodily injury, then writing a false police report that caused the beaten man and his girl friend to have criminal charges filed against them,  and offering perjured testimony against them at their trial.

“When the totality of the circumstances is considered, a variance from the guidelines range of 135 to 168 months’ imprisonment to a 20-month sentence is unreasonably lenient,” Judge Roger Wollman wrote for the court in his 14-page opinion.

Ya think?

Well what do you know…justice was done within the system!

In a case involving police misconduct!

When the cop was white,

And his victims were black!

And there were no demonstrations, riots, or looting involved!I guess that’s why you didn’t see this in the news.

_______________________________

Source: Courthouse News Service.