Tag Archives: lawyers

I Suppose Ethics Alarms Has To Officially Designate “Bloody Headgate” As An Ethics Train Wreck, Since Now The VFW Has Boarded

The Veterans of Foreign Wars declared that Kathy Griffin’s photo of Trump’s severed head is unprotected under the First Amendment.

They are ignorant and have embarrassed themselves. The organization doesn’t even understand what its members have been allegedly fighting to protect and preserve.

VFW National Commander Brian Duffy issued a statement that “The Veterans of Foreign Wars of the U.S. strongly condemns comedian Kathy Griffin’s incredibly revolting attack on the President of the United States . . . . What she did was not humorous nor should it be protected speech or expression. Playing to an audience with a severed head is what our enemies do. The USO should end its relationship with her.”

Actually, playing to an audience with a severed head is what Shakespearean companies performing “MacBeth” have done on stages, professional, college and amateur, in the U.S. and elsewhere for hundreds of years, you ignoramus.

This is another reason why the Left’s claims that “hate speech” shouldn’t be protected are so dangerous to our society: too many citizens of all political persuasions don’t understand what free speech is, and are too ignorant to know how to counter this threat to democracy

Let’s see: Griffin, her lawyer, the President and his punching-down tweet; Rosie O’Donnell, who announced that she had no sympathy for 11-year-old Barron Trump seeing photos of someone apparently holding up his father’s head, the mainstream media hypocrites who told audiences that Griffin’s “eliminationist rhetoric” wasn’t news or worth discussing, though a far less threatening image dominated their conversations for weeks when they tried to tie Sarah Palin’s metaphorical cross-hairs on a political race map to the madman who shot Rep. Giffords…I was wondering which organization would be the first on the Right to claim that what Griffin did warranted criminal punishment. The VFW would have been a good bet.

But wait! There’s more!... and I should have seen this one coming too. Progressive favorite Alec Baldwin, a habitual boor and Ethics Dunce, weighed- in in support of Griffin and her severed Trump head as only he can, tweeting,

“Dear Kathy Griffin, Kathy….baby…I’ve been there. The whole Henry Hyde thing [with] Conan, where we bring out an oxygen mask at the end? a joke. That’s what I thought. That’s what we intended. No one walked out of the studio and said, “No! We’re serious!” No one. But all your gutless, weasels in the GOP insisted that I actually threatened Hyde. They played the victim beautifully. Kathy…fuck them. Fuck them all. No 1 believes u meant 2 threaten Trump.Trump is such a senile idiot, all he has is Twitter fights. ignore him. Like the leaders of all the other countries in the world. Ignore him.”

Honestly, I do not understand how anyone can laugh at Baldwin knowing the anger, bitterness and nastiness that ooze out of every pore; it’s like finding Bill Cosby or Woody Allen funny. Yet that this guy passes for a wit, political pundit and truthteller by Hollywood progressive standards.

Dear Alec…
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Ethics Dunce: Annie Peguero, Defiant Breast-Feeding Mom

Ah, yet another feast from the legal/ethical divide, with seasoning from the minority/majority ethics balancing dilemma, and a side-dish of favored group arrogance and entitlement! The beverage? Why breast milk, of course!

Yum!

Annie Peguero’s 19-month-old baby became unruly during the service at the Summit Church in Springfield, Virginia, so she nursed her, right there, in the church. She was quickly asked to move the operation to a private room, but Peguero refused.The church staff told her that it does not allow breast-feeding without a cover because the activity might make members of the congregation uncomfortable.

The mother of two left the church, and soon posted a livestream video on Facebook telling viewers her side of the story and urging women to stand up for breast-feeding.

“I want you to know that breast-feeding is normal,” she said.

Is it normal without any cover in a church? That church? Peeing is normal, but I wouldn’t rely on the “normal” categorization take a whiz in a pew. Farting is normal, but if I felt a big one coming, I would excuse myself. Eating is normal, but chowing down on a huge Italian sub during the hymns would be in bad taste. Sex is normal, but…well, you get the idea. Annie doesn’t.

To complicate the matter, breast-feeding is a legally protected right in Virginia thanks to badly written 2015 law that says women have a right to breast-feed anywhere they have a legal right to be. Dumb law, overly broad, and probably the result of pandering to the mommy lobby while assuming that mothers wouldn’t try to stretch the law to absurd limits. But Virginia also has a Religious Freedom Preservation Act, § 57-2.02, which says,

No government entity shall substantially burden a person’s free exercise of religion even if the burden results from a rule of general applicability unless it demonstrates that application of the burden to the person is (i) essential to further a compelling governmental interest and (ii) the least restrictive means of furthering that compelling governmental interest.

Do we really think that churches shouldn’t be allowed to have dress and decorum codes and policies? Continue reading

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Oh, Great: 21% Of Lawyers Are Stealing From Their Clients.

This should be a shock, but it isn’t. When the screenwriters for the film adaptation of “The Firm” changed the ending to focus on the fact that the mob’s law firm was over-billing clients, lots of lawyers and legal ethics specialists squirmed. Widespread over-billing in the legal profession has been a scandal waiting to break for decades.

The ABA journal reveals that a recent study by  CEB Inc. and Wolters Kluwer NV’s ELM Solutions, companies that work with corporate legal departments to manage their budgets, examined legal invoices from about 100 companies, and found that 21% of lawyers “upbilled” for their time in 2015. Upbilling is the practice of rounding up legal hours hours worked to the next hour or half hour. This could raise the annual legal bill for a partner billing 2,000 hours a year by about $29,000. Spread over all the clients and all the lawyers charging by the hour, the 21% figure translates into millions of dollars taken by fraud, and maybe billions, every year. You can read summaries of the reports  here and here. Continue reading

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Ethics Dunce: The Maryland State Bar Association

Do you know what legal ethics opinions are? Many lawyers don’t know, or barely pay attention to them, but the opinions are important. They are written when bar associations have to decide how to handle the gray areas of professional ethics, and believe me, there are more gray areas in legal ethics than the profession likes to admit. Some jurisdictions churn out lots of important and useful legal ethics opinions all year long; others barely bother with them. (Idaho simply stopped issuing such opinions decades ago.) Still, the LEOs, as they are called, are essential when one of the many legal ethics issues crop up that a jurisdiction’s rules themselves don’t cover.

Although bar associations do a terrible job making their legal ethics opinions’ availability known to the general public, LEOs have invaluable information to convey about how lawyers are ethically obligated to serve their clients. They are also essential if people like me are going to be able to remind Maryland’s lawyers about their ethical duties as part of continuing legal education seminars and expert opinions.

So why is it that Maryland, alone among the 51 U.S. jurisdictions, refuses to allow the public access to their legal ethics opinions? All right, neither does Arkansas, but nobody can read in ArkansasKIDDING!!! I’M KIDDING!

In order to find out what the Bar Association has decided regarding specific legal ethics conundrums, or whether the state has any position at all, one has to be a dues-paying member of the Maryland Bar. Never mind that Maryland lawyers, who, like most lawyers, often are subject to the ethics rules of other jurisdictions, can access neighboring bar association LEO’s with a couple of clicks on their computers. Never mind fairness or reciprocity.

Here’s how the question “Why do we hide our ethics opinions?” was answered by one Maryland lawyer online:

“Ethics opinions are MSBA work product: a benefit to members who pay their dues…An ethics opinion is a legal opinion about what it or is not permissible under the rules. If you want legal advice, pay for it. The “rules”, by the way, are published and are available to the public. As are the elements of negligence. Do you tell your clients for free how to prove their negligence cases?”

How’s that for a venal, snotty answer? In fact, there are no “hidden” laws or principles related to negligence, nor are the standards for what constitutes negligence and how it is proven in court only available for a fee. The legal ethics opinions, on the other hand, may be crucial to allowing non-lawyers  know when they are being victimized by unethical members of the Maryland bar. How convenient that the Bar hides these from the view of the group of citizens that have the most urgent need to know about them.

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Update: Astoundingly Unethical Lawyer-Hypnotist In Prison, And Disbarred.

Good.

Fine on the way to prison, where he will be hypnotized and will spend his 12-year sentence thinking he's a chicken...

Fine on the way to prison, where he will be hypnotized and will spend his 12-year sentence thinking he’s a chicken…

I hadn’t followed the story of Michael Fine since I wrote about him in 2014. This was the Sheffield, Ohio lawyer who hypnotized female clients so he could sexually molest them. When I wrote the post, two victims had been identified. The final tally was six, and there may have been more.

In September of 2015, Fine pleaded guilty to five counts of kidnapping and one count of attempted kidnapping.  He admitted to using his skill in  hypnosis to control the female clients, forcing them submit his sexual desires against their conscious will. Last week, Fine was sentenced to 12 years in prison. He had already been permanently disbarred by the Ohio Bar. Fine was not a licensed hypnotist, but needless to say, he was an unethical hypnotist too.

Judge Patricia Cosgrove told Fine at his sentencing, “At the lowest point in their lives when they came to you for help in the throes of painful divorces and custody battles, you took advantage of them. You took advantage of their trust and faith in you by sexually abusing them. You deserve to be punished.”

Ya think?

When I mentioned this case in some 2015 legal ethics seminars, many lawyers refused to believe it. I even lost a law firm client because one lawyer complained that I showed insensitivity by making a mild joke about the story, which did and does remind me of something out of a bad Adam Sandler movie.  It is the strangest example of unethical lawyering I have encountered, but I am confident that a stranger one will appear eventually.

________________________

Pointer: Fred

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The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016, Part 2

pope-trump

Part II of the Worst continues with education horrors, legal outrages, the Lie of the Year, and more.

Above? That’s obviously the…

Fake News of the Year.

Now the rest..it doesn’t get any better.

Biggest KABOOM! 

exploding-head

The YMCA Slavery Recreation.  You know, even looking through this category was dangerous. I had forgotten about all these stories, which, by definition, were all horrible. This one, from February, however, had to be the winner. The YMCA Storer Camps in Jackson, Michigan included an “educational” activity called “Underground Railroad” in which black children were asked to play runaway slaves, as some teachers and camp instructors acted as slave masters, chasing them down using real horses. Once captured, the children were “auctioned off.” The principal of the school that subjected its pre-teen students to the slavery simulations rather than the other better known YMCA camp activities like nature hikes, kayaking, canoeing, horseback riding and sitting around campfires responded that he didn’t expect the uproar, since no student had ever complained before.

Most Unethical High School Discipline

Red Mountain High School  in Mesa, Arizona. On a dare from a friend, high school football player Hunter Osborn briefly flashed his naughty bits in the team photo. Nobody noticed, including the yearbook’s faculty advisor, so the photo was published in the school yearbook.  Months later, the gag was discovered. Even though the photo was so small that offending nudity was virtually invisible to the naked eye, the school had Osborn was arrested and charged with 69 counts of indecent exposure. The charges were dropped because none of the 69 “victims” pressed charges.

Most Unethical No-Tolerance Action

hazel-tweet

John Glenn High School in Suburban Detroit.  The offense: “Inappropriate use of electronics in the restroom.” The conduct: Hazel Juco, a 17-year-old student, went to the school’s bathroom to wash her hands. When she turned on the faucet, ugly brown water came out. She then used her cell-phone to take photos of the discolored water and posted it to Facebook and Twitter.

She was suspended, but eventually social media and the local news vindicated her. The water was polluted, and the school district admitted that Hazel was punished for doing the right thing.

Most Unethical School Teacher

(Excluding Rapists)

A Tie! 

1. Malik Leigh, a teacher in Palm Beach Lakes High School’s pre-law academy a kindergarten teacher at Captain Johnston Blakely Elementary on Bainbridge Island, Washington

Leigh’s specialty is indoctrination. Aming his exam questions last year…

“If Donald Trump becomes president of the United states, we are:

A.) Screwed

B.) Screwed

C.) Screwed

D.) Screwed behind a really YUGE wall that Mexico pays for.”

and…

“When performing an opening statement, it is best to:

A. Wink at the Judge

B. find the hottest person on the Jury and focus your words on them

C. Speak to them as if they are cordial friends.

D. Treat them like the MORONS they are.”

He was suspended.

Good.

2. “Jill Watson.” You can’t be a more unethical teacher than when you’re not a teacher at all. Or human.

Naked Teacher of the Year

Leigh Anne Arthur, In a completely warped and unfair application of the Naked Teacher Principle, school district officials in Union County demanded and received the resignation of the engineering teacher  after a student stole her phone, examined its contents and found a semi-nude selfie  intended for her husband’s enjoyment only.The student, who  warned her that “something bad was coming,” sent the images to other students through text messages and social media Arthur sued the school board for wrongful termination, but recently dropped the suit.  The student was charged with a computer crime and voyeurism. The Naked Teacher Principle holds that

A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result. The first formulation of the NTP can be found here.

This obviously does not apply to Arthur. Ironically it would apply to the incoming First Lady if she were a teacher, and arguably applies still, since the First Lady is a role model.

Double Standard Of The Year

pelosi-tweet

Progressives and Democrats, who performed an immediate U-turn as soon Donald Trump won the election, and after having expressing outrage and indignation when Trump had suggested, about a month earlier, that he might not “accept the results of the election,” which he had claimed was “rigged,” immediately challenged the results of the election, and claimed it was rigged.

And they are still doing it today.

 Lie of the Year

and

Jumbo of the Year

Jumbo film Continue reading

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President Barack Obama Has Appointed A Zealous And Competent Civil Rights Lawyer To the U.S. Commission On Civil Rights, And There Isn’t A Thing Wrong With That.

Perry Mason would have defended Mumia Abu-Jamal...

Perry Mason would have defended Mumia Abu-Jamal…

President Barack Obama has appointed Debo Adegbile,  who had served as an former attorney for convicted controversial police-killer Mumia Abu-Jamal, to a six-year post on the U.S. Commission on Civil Rights. The eight-member commission consists of four members appointed by the president and four appointed by Congress.

Adegbile worked at the NAACP Legal Defense and Educational Fund when he represented Abu-Jamal in the appeal of his conviction and death sentence for the  1981 shooting death of Philadelphia police officer Daniel Faulkner. Abu-Jamal’s sentence was reduced to life in prison. Predictably, rightish-commentators and of course police groups are highly critical of the appointment, just as they were in 2014 when they and others convinced the Senate to reject Obama’s nomination of  Adegbile to lead the Justice Department’s Office on Civil Rights. Ethics Alarms noted then, in the post, The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile,

“It says nothing of Debo Adegbile’s fitness as a public servant that he represented a convicted cop killer, a cannibal, Son of Sam, Spiro Agnew or Willie Sutton. It simply says that he is a lawyer, and one who embraces the traditional ethics and aspirations of the profession. Abraham Lincoln won fame getting an acquittal for a friend whom Lincoln knew was guilty of murder, but the prosecution didn’t have the evidence to prove it. Good. Does this mean he was pro-murder? Clarence Darrow used his extraordinary persuasive power to stop over a hundred men accused of murder—most of them guilty, some of them certifiable monsters— from being executed. Good. They were citizens, they had as much a right to use the laws that offered them protection as the government had to use other laws to threaten their lives and freedom. Was Darrow a fan of killers? No, he was fan of making sure ordinary people weren’t crushed by laws and systems they could never understand, use or survive without the help of a lawyer, in his case, the greatest lawyer of them all…. The principle [critics of Adegbile’s defense of Abu-Jamal] are advocating… is a sinister one, where lawyers rather than judges or juries pass premature judgment on the claims and needs of citizens, and withhold competent access to legal remedies according the their personal assessments regarding the validity of a citizen’s motives. This, of course, gives unacceptable power to lawyers, making it their choice who gets the protections of our justice system and who does not. The danger of this contention cannot be understated….let’s remind all the conservatives using this irresponsible tactic where it leads. It leads directly to citizens being slaves to their own nations’ laws, because they can’t possibly access them on their own, with lawyers deciding who is worthy of being able to take advantage of our “inalienable” rights, and who has the “privilege” of legal representation.”

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