Today Ethics Alarms is launching a new category, the Jumbo Award. The Jumbo is named after the famous moment in the 1935 musical (and 1962 movie adaptation)“Jumbo” in which a clown, played in both by the sublime Jimmy Durante, is trying to sneak the largest elephant in the world out of the circus, which has been seized by creditors. A sheriff intercepts the would-be elephant-napper, and demands, “Where do you think you are going with that elephant?” To which Durante’s character replies innocently, as if the pachyderm at the end of the rope in his hand is invisible, “Elephant? What elephant?”
Henceforth, the Jumbo will be periodically awarded to an ethical miscreant who continues to try to brass his or her way out of an obvious act of ethical misconduct when caught red-handed and there is no hope of ducking the consequences. And the first recipient is faux lawyer John Mark Huerlin.
Huerlin was suspended from the practice of law, yet was caught representing himself as a lawyer in several ways, which you cannot do while you are suspended. To do so is an ethical violation in itself—dishonest, defiance of the bar, and the unauthorized practice of law. Nonetheless, he used a letterhead that referred to the “Law Offices of John M. Heurlin” and an email address that read “JheurlinLaw@Netscape.net.” But the real kicker was that Heurlin held himself out as an attorney in litigation on his own behalf, by following his name with “Esquire” on court pleadings.
Huerlin told the bar that he could explain everything. Esquire means that I’m a lawyer in good standing? My goodness! This is all a big misunderstanding, then. I didn’t use “Esquire” to indicate that I was a lawyer. I thought “Esquire” just meant that I was a subscriber to the magazine, Esquire!
Now either disbarred or soon to be, Mr. Huerlin is officially authorized to replace that confusing reference to his reading habits with a new suffix, so he can present himself as John Mark Huerlin, Jumbo.
Facts: ABA Journal
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