Tag Archives: lawyers

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

11 Comments

Filed under Character, Gender and Sex, Law & Law Enforcement, Professions

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

7 Comments

Filed under Education, Ethics Train Wrecks, Gender and Sex, Government & Politics, Jumbo, Kaboom!, Law & Law Enforcement, Professions, U.S. Society

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.”

Continue reading

10 Comments

Filed under Character, Gender and Sex, Government & Politics, Law & Law Enforcement, Popular Culture, Race

Warning From Great Britain: The “Lawscam” Excuse Is Coming To Colleges

It was all the fault of imperial Indian history....

It was all the fault of imperial Indian history….

The controversy died down a bit in 2016, but it is still out there: unemployed young lawyers are still blaming their law schools for the fact that their degrees didn’t deliver riches and success in a competitive field. When a ballyhooed lawsuit by one such lawyer failed last April, it briefly muted the howling, but the central misconception is still virulent. From the Ethics Alarms post about that law suit:

The rejection of Alaburda’s law suit sends a message that young lawyers need to hear, and heed. If they thought a law degree was going to guarantee their success, they have been tragically confused by the culture’s hucksters and politicians, not the law schools.  For too long, education has been sold as the key to income and jobs, when it is nothing but a process designed to make more competent, able, creative and responsible human beings. By itself, a degree proves nothing. It only signifies that its owner has had access to useful knowledge and the chance to develop useful skills. It is up to graduates to use that knowledge and those skills to make a life for themselves. If they fail to achieve their goals, they cannot blame the law school because they perceived a promise that was never made.

One failed suit, however, couldn’t undo the destructive false message society and its leaders have been issuing for decades: “the purpose of earning a diploma is to get a good job.” As more and more young men and women are steered into college and a college degree becomes symbolic of nothing, there will be more law suits by college graduates like the one currently being fought in Great Britain, where Faiz Siddiqui, an Oxford graduate, is suing his alma mater for not giving him a first-class degree 16 years ago. (In British universities, graduating with a “first class degree” is roughly similar to graduating “with honors” in an American college. Based on a student’s grades, Oxford gives out three classes of degrees, first-class being the highest.)

Siddiqui is now 38 years old, angry and disillusioned. In his suit, he alleges that his life and career were stunted because he didn’t earn “a first,” as the degree is called, when he  studied modern history at Brasenose College and graduated from Oxford University in June 2000. “Negligent teaching” in a course on Indian imperial history, he says, pulled down his overall grade and ruined his life. Now he’s asking for a million British pounds in damages for his lack of lifetime earnings in a legal action against the Oxford chancellor, masters and scholars. His barrister, Roger Mallalieu, also claims that Oxford is responsible for Siddiqui’s insomnia and depression.

Apparently the history module was less than optimum while Siddiqui was a student, because half of the teaching staff responsible for Asian history were on sabbatical.  Mallalieu told the British high court that the inferior teaching resulted in his client’s lesser grade and thus “denied him the chance of becoming a high-flying commercial barrister.” Continue reading

41 Comments

Filed under Around the World, Education, Law & Law Enforcement, U.S. Society

More Ethics Movies For The Holidays: “Woman In Gold”

portrait-of-adele-bloch-bauer-i-by-gustav-klimt

The movie critics site “Rotten Tomatoes”calls “Woman in Gold” dull, which tells you pretty much all you need to know about “Rotten Tomatoes.” No, there are no explosions, no sex scenes, no CGI, just a well-acted, powerful story of how justice can take a long time to prevail, but given enough dedication, integrity and luck, it still does prevail with sufficient frequency to stave off despair.

“Woman in Gold” is a 2015 film starring Ryan Reynolds and Helen Mirren. It is a virtual docudrama telling the true story (mostly accurately) of Maria Altmann (Mirren), a plucky Jewish refugee in Los Angeles, who, assisted by her young lawyer, Randy Schoenberg, battled the government of Austria  to obtain the return of Gustav Klimt’s renowned portrait of her aunt, Adele Bloch-Bauer. That painting, along with more by Klimt and  other painters as well, were among the art treasures stolen by the Nazis  prior to World War II. The legal battle ended up before the Supreme Court of the United States, and the conflict was finally settled by a shocking decision by an Austrian panel of mediators. You can read about the real case here.

It may be dull to dull minds, as Red Smith famously said about baseball, but I have seen the film twice now, and it moved me to tears both times. “Woman in Gold” shows once more, as I fervently believe, that right can and often does triumph over bureaucracies, greed, power and stupidity, and that lawyers, maligned as they are, are often essential to that process. Schoenberg shows us the epitome of a zealous and courageous lawyer, making personal and professional sacrifices for a cause he comes to believe is important both to his client and to humanity. Continue reading

7 Comments

Filed under Around the World, Arts & Entertainment, Character, Government & Politics, History, Law & Law Enforcement, War and the Military

From The “Why People Hate Lawyers” File: The Lawyer Who Bit Off More Than He Could Chew

"Bit--off--too-much--chicken--no---plastic---knife---ARRRGH!"

“Bit–off–too–much–chicken–no—plastic—knife—ARRRGH!

Paul Newton Jr., a lawyer in Gulfport, Mississippi, sued Popeye’s after he required emergency surgery to remove a chunk of fried chicken from his throat last November. He claims the fast-food restaurant was negligent and caused his near fatal accident because it didn’t include a plastic knife along with the “spork” in his drive-through order.

Newton says he consumed  the meal (two chicken breasts, an order of red beans and rice, a biscuit and a soft drink…YUM!) in his office, and had to “hold a chicken breast in his hands and to tear off pieces thereof with his teeth.”In the  lawsuit , the lawyer maintains Popeyes had a duty to provide the appropriate utensils so customers will be able “to cut their purchased food orders into appropriate portions.”

Newton abandoned his chicken suit–well, not his chicken suit, but his chicken lawsuit— the Huffington Post reported, after receiving “extreme comments directed to me and my family.”

Like “Learn to eat!”, maybe? Continue reading

6 Comments

Filed under Business & Commercial, Ethics Alarms Award Nominee, Law & Law Enforcement

Sometimes It All Comes Together…But First, A Song!

As those who have read here for a while know, among my fondest passions, virtually life-long, are baseball,  theater and ethics. Today, I have the pleasure of seeing them all come together in a single event. How often does that happen?

At noon, I will be giving my most recent musical Continuing Legal Education ethics seminar, “Ethics Cabaret,” at Nationals Park in D.C. prior to the Mets-Nats game. “Ethics Cabaret,” like its six predecessors, presents legal ethics hypotheticals  as parodies of pop, rock, Broadway or country-western standards, presented by a professional performer. In this case, the performer is American Century Theater veteran Esther Covington, who accompanies herself on the keyboard. I write the songs that make the young lawyers cry, but she sings them, beautifully and often hilariously.

Speaking of Barry Manilow, my favorite segment of the seminar is the parody of one of his signature songs, which you can hear above—it’s an ear-worm, so be careful. The legal ethics version is about “Bridge of Spies” and the many quandaries raised in the film, which I examined in this post earlier this year. The parody is called “Who is the Client?,” lyrics-only copyrighted by ProEthics. Here they are….you can sing them along with Barry’s version! Continue reading

8 Comments

Filed under Arts & Entertainment, Education, Law & Law Enforcement, Professions