Tag Archives: legal ethics

Fake Legal Résumé Ethics

fake-resume-usaWhat the legal profession will regard as conduct that calls into question a lawyer’s honesty sufficiently to disbar him is a mysterious and unpredictable area. Remember, John Edwards never received as much as a rap on the wrists for his exorbitant lying to hide the fact that he had a mistress and a love child while he was running for President in 2008. Now the Michigan Attorney Discipline Board has been affirmed in its decision to disbar lawyer Ali Zaidi for having false credentials and representations on his professional resumé.

I would expect that to send chills down many a lawyer’s spine, since professional resumés of lawyers and non-lawyers alike are so frequently loaded with puffery that it is almost an “everybody does it” ethical breach. (This is my favorite, the long-time lie of Clinton crony Bill Richardson.) Fortunately for most of them, the Rules of Professional Conduct involving honesty are narrowly interpreted to exclude all but violations of law, breaking official pledges, defaulting on loans and lying under oath, unless they involve the actual practice of law. (Lying to a judge, to a client or in a brief is career suicide.) Does a resumé fudge qualify as the unethical practice of law? Not usually: Ziadi’s must have been something special.

It was. Continue reading

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Filed under Character, Ethics Alarms Award Nominee, Ethics Dunces, Law & Law Enforcement, Professions, Workplace

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

Now THAT’S A Trump Bribe…Wait, Wait, I Mean The APPEARANCE Of An ALLEGED Bribe!

Why is Pam smiling?

Why is Pam smiling?

After his election victory, Donald Trump agreed to pay out $25 million in settlement  of claims against the new defunct Trump University. In September, before the election, the Florida Attorney General’s office had announced that that there were “insufficient grounds” to proceed with a fraud probe of the school. Three years earlier, it had announced that it was considering such a probe in anticipation of legal action against Trump University.

Four days after that threat, Donald Trump’s personal charity illegally donated $25,000 to a political group supporting Florida Attorney General Pam Bondi’s re-election campaign. Bondi personally solicited that donation from Trump just as her office was deciding whether to pursue the Trump U. investigation. (This is almost certainly an prosecutorial ethics violation, as well as being obviously corrupt.) This revelation by the Associated Press emerged during the campaign, and was swamped by all the other Trump controversies at the time.

Yesterday, Trump’s transition team told Bloomberg that Pam Bondi has accepted a job in Trump’s White House. 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.”

Continue reading

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Remember California Attorney Mary Frances Prevost, Who Plagiarized Ethics Alarms? Guess What!

Yup, I saw THIS coming...

Yup, I saw THIS coming…

She’s been suspended.

For the third time.

Good.

To recap…Back in 2012, Mary Frances, who  describes herself on her website as “California’s Top Criminal & DUI Attorney,” posted an essay allegedly authored by her called  “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”

Oddly, it was posted the same day and shortly after my Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”

Mary Frances’s was almost word for word the same post, plus some original material at the end. She had ripped me off. She hadn’t even tried to disguise it. This is called stealing, and I believe, shows that an individual lacks the honesty and trustworthiness to practice law.

I took three deep breaths, wrote a post about her plagiarism, e-mailed Prevost and required four things. First, an explanation if she had one; then an apology, a retraction, and proper credit. I didn’t demand damages, as I could have.

Mary Frances’s response was astounding. She didn’t have the courtesy to respond to my e-mail, but went on Facebook to accuse me of plagiarizing her, a neat trick, since my post pre-dated hers. Then she insulted me repeatedly, apparently unaware of how hypocritical it is to claim another lawyer is lacking in legal analysis skills and writing ability when you just published his essay as your own. I posted her whole rant here; it is deranged, making it especially funny that she accused me of being “off my meds.”

The Facebook post was defamation per se: malicious, and deliberately false. I contacted a California attorney, who agreed it was defamation, but said that based on her reputation, he felt it would  not be worth the money, the trouble or all the attacks she was capable of to go to war with her. He also dissuaded me from filing an ethics complaint, saying that unlike some states, California frowns on ethics complaints when there are grounds for lawsuits, and also tends to discount complaints from non-California lawyers.

“Just wait,” he said. “She’ll get hers. Lawyers like this almost always do.” Continue reading

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The Michael Slager Trial: When The Ethical Course Is To Not Exercise a Right

shooting_of_walter_scott

Michael Slager is the white North Charleston police officer who stopped African American Walter Scott for a taillight violation on April 4, 2015, and in the ensuing events, ended up fatally shooting Scott as he fled the scene, in the back, as recorded on a cell phone video. Of all the many police-involved shootings, this is the least equivocal. Slager is guilty of murder of one kind or another: in South Carolina, there is only one kind, and  mitigating circumstances are reflected in the sentence. He could receive life in prison, or much less time.

But every criminal defendant has the right to be tried by a jury of his peers before the law finds him guilty, and Slager is taking full advantage of the right. In doing so, he is forgoing his last clear chance at redemption. The former officer—he has already been fired for the episode and not just put on paid leave, as is usually the case—is understandably trying to avoid a conviction and jail time, even though, should he be acquitted by some miracle or act of mass hypnosis, it would be certain to provoke even more anger and distrust in the black community, and, I would hope, among non-African Americans as well. A justice system that finds, no matter how it reaches such a conclusion, that an officer who shoots a fleeing man dead like Slager did is not guilty needs to be blown up and seeded with salt. When Slager’s first lawyer saw the video, he quit.

Do you think an acquittal is impossible? Don’t. All that is needed is a jury full of people who “think,” and I use the word generously, like the signers of this petition. I’m pretty sure that there are more than twelve of them available. Continue reading

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