legal ethics

Boy, This Guy Must Be One Hell Of A Lawn Mower!

/ Jack Marshall / 5 Comments

This is going to be uncharacteristically short, but I feel the story deserves its own post

The Ohio Supreme Court has indefinitely suspended lawyer Austin Roan Buttars of Dublin, Ohio for transferring more than $147,000 from the accounts of a mentally ill client though the lawyer and his law firm were only owed about $19,000. Buttars acquired the other $128,000 by stealing from  or overcharging the client

Not that he didn’t work for his money. For example, the Court found that Buttars  charged his legal hourly rate for mowing her lawn.

I just thought you should know.

Ethics Quiz And Poll: The Nurse Practitioner’s Dilemma

/ Jack Marshall / 58 Comments

Sure.

It is seldom that I strongly disagree with NYU philosophy professor Kwame Anthony Appiah, “The Ethicist” of the New York Times Magazine’s long-running advice column. A month ago I did, and emphatically so.

The question posed to him involved a professional ethics dilemma, and “The Ethicist” was so certain he had the correct answer that he was uncharacteristically terse about it. I’m pretty certain about the answer too, except that my certainty is that he’s wrong. But I have some doubts, based on my ethical positions in related situations.

The inquirer was a a nurse practitioner working at a primary care clinic for low-income patients. She said that a 16-year-old patient told her that she had stopped coming by the clinic to have her birth control pills replenished because she and her partner were trying to have a baby together. She had been having unprotected sex for  a while, and she was concerned that she might have some physical problem preventing her from conceiving. The nurse practitioner asked,  “Would it be ethical for me to steer her away from trying to get pregnant? …Or, as her health care provider, do I have an ethical duty to try to help her conceive?”

Appiah doesn’t see any wiggle room. He says,

“You’re her health care provider. You should certainly tell her about the medical consequences of pregnancy. But the social and economic consequences don’t fall within your professional competence. An intervention about her life choices may seem moralizing and intrusive to her, and it could drive her away; and then she’d be losing your guidance on the things you are trained to help her with.”

Really? Continue reading →

A Professional Ethics Case Study…From Broadway

/ Jack Marshall / 9 Comments

Before you read the post, can you guess who that actor is in the Afro?

Lately I’ve been helping a lot of lawyers seeking to create so-called Rule 5.4 law firms in the District of Columbia. In these firms, unique to the District, non-lawyers can be full partners. This means that they can share in the firm’s fees, which is something otherwise forbidden and a major ethics breach in the 50 states. Lawyers cannot, must not, dare not share their fees with non-lawyers…unless those non-lawyers are partners in the same firm.

There are certain requirements for that to happen, and the main one is that the non-lawyers must be supervised by a lawyer in the firm to ensure that the non-lawyers don’t engage in conduct that would be unethical for a lawyer.  The legal profession is justifiably wary that the unique priorities of the legal profession cannot be easily absorbed or understood by those who have been trained and influenced in a different culture.

It is right to be wary. Lawyers have enough trouble avoiding violations of their own rules; doctors, accountants and others, steeped in different alignments of values, can’t just shift gears like suddenly being in a law firm is like test driving a sports car. For so-called “non professionals,” a category that is increasingly contentious, it may be even harder to adjust, if not impossible.

Lawyers are often  overly optimistic about their non-lawyer partners’ ability to learn the importance of keeping all client confidences, not crossing over into the unauthorized practice of law, sensing possible conflicts of interest and illicitly soliciting clients, or engaging in misrepresentation and deceit, to name just a few. Lawyers tend to think that all professional ethics should be fungible. It’s a dangerous misconception, and there is a little cautionary tale from, of all places, Broadway, that illustrates it.

It has been mostly forgotten, but in 1969, a musical called“Buck White” opened at the George Abbott Theater. Its unlikely star: draft-resisting ex-heavyweight boxing champion Muhammad Ali.

Yes, you read that correctly. Continue reading →

Now THIS Is An Unethical Lawyer. Yes, I Am Confident That I’m Not Jumping To Conclusions Here…[CORRECTED]

/ Jack Marshall / 10 Comments

John Gillespie, a  criminal defense lawyer in Melbourne, Florida, was arrested in a law enforcement sting operation over the weekend  for using his legal practice to recruit young female clients into a prostitution ring that he ran out of his home.

And you thought “Better Call Saul” was disillusioning…

The Orlando Metropolitan Bureau of Investigation found evidence that Gillespie “would initiate women he represented on criminal charges into prostitution or exchange sex acts for legal fees.” A former law firm employee tipped off the agency, explaining that she had helped Gillespie recruit women and girls into sex trafficking. Continue reading →

Saturday Ethics Warm-Up, 4/18/2020: The “ARRGGH!” Edition

/ Jack Marshall / 9 Comments

A weekend?

Frankly, at this point, I can’t tell the difference.

1. ARRGH! Trump Calls For An Insurrection! I must say, having a President who is 12 does create problems. The President’s juvenile “Liberate Michigan!” tweet naturally had the “resistance” in an uproar; the Washington Post even dug up a lawyer from the Obama administration who was willing to write an op-ed seriously arguing that he had advocated the overthrow of the government. Oh, great, I can’t wait for Adam Schiff to try to impeach him for a tweet that had the gravitas of graffiti.

If one concedes that the President should tweet at all—and since he refuses to use any filters whatsoever, I don’t concede that; I doubt that anyone who wants to maintain credibility and trust should tweet—then urging the states to start nudging the economy back into operation is a legitimate objective, and so is opposing outrageous meat-axe over-reach by governors. mayors and police that abuse civil rights—like banning the sale of seeds, or being alone in a car. However, as I am sick of saying, the President’s mode of communication does not include nuance, which makes tweets like yesterday’s irresponsible and incompetent

2. “ARRGH! I’ve been infected!”  When the going gets tough, the tough get scamming. In Arcata, California, a fake on-line ordering webpage named “Order Hero” copied web pages from local restaurants including phone numbers, addresses and actual menu items. Customers accessed the  website through Google, then provided credit card information to order food.  When the victims arrived at the restaurant to pick up their order, they learned no such on-line ordering services existed.
Continue reading →

High Noon Ethics Warm-Up, 3/19/2020: O.J. Being O.J., Honestly Unethical Journalists, A Zealous Defense Lawyer, And Pandemic Jerks

/ Jack Marshall / 25 Comments

Y-y-yup!

Started this one at precisely 12:00. Finished at exactly 1:30 pm.

An administrative note: I don’t censor comments by the regulars, but I’m going to be more aggressive in sending off-site notes of displeasure when homophobic, sexist and gratuitous ad hominem insults turn up. (Note: it is always acceptable to refer to someone as an idiot who has written something idiotic, if you explain why it’s idiotic.) We’ve never had a problem here with racist language (in part because I keep spamming comments from the Chimpmania mob), and I will continue to allow wide latitude regarding comments that are self-indicting (making fun of Hillary’s legs, for example, is a jerk move). But while no forum where intelligent participants exercise sharp critical judgment on lazy assertions and knee-jerk positions will ever be “safe,” no one who comes here should ever feel personally attacked or denigrated. I need to do a better job making sure of that. All assistance will be appreciated.

1. Wuhan Virus jerk update:

  • This (Pointer: valkygrrl):

I assume everyone now knows that O.J. is a stone-cold sociopath, but it’s considerate of him to keep reminding us. At least he didn’t say that he was furious that the Wuhan Virus restrictions on travel were impeding his search for Nicole and Ron’s killer.

  • “You know: morons!” Jennifer Rubin, the completely Trump Deranged NeverTrump conservative whose constant eruptions of hate and anger regularly embarrass the Washington Post, recently wrote that more Republicans than Democrats would die in the pandemic because the former slavishly follow Fox News. Uh, no.  If she’s right, it will be pure demographics. The Millennials  appears to be, like all of its predecessors at a similar age, dumb as bricks. CBS reports that the kids are flocking to Florida for Spring Break, while posting and saying things like this from Brady Sluder, spring breaker from Ohio and moron: ,”If I get corona, I get corona. At the end of the day, I’m not gonna let it stop me from partying. We’re just out here having a good time. Whatever happens, happens.”

This does explain the intellectual basis for Bernie Sanders’ support, however. Continue reading →

Saturday Ethics Warm-Up, 3/14/2020: Mrs. Jobs, Senator Schumer, Mayor de Blasio, And A Possum

/ Jack Marshall / 14 Comments

Hi!

I’m working on Part III of the Wuhan virus ethics series, so I’m going to try to keep related matters to a minimum here. A couple links you can check out to relieve me of the necessity of commenting on them: Here’s Ann Althouse writing about her “social distancing” without, apparently, any awareness that the average American is not retired, financially well off, with a spouse, with grown children, who are happy blogging and reading all day. And here’s Ruth Marcus, long one of the more blatantly biased (and dim) members of the Washington Post’s editorial board, authoring an op ed with the head exploding headline, “Why Joe Biden is the antidote to this virus.” I intend to keep this utter crap on file for the next time someone argues that degrees from elite institutions are evidence of intellectual ability. Marcus has a Yale and Harvard  Law degree.

1.  Rich people have a right to their wealth; it’s a shame, though, that their riches can’t buy IQ points, or the wisdom to know when to shut up. Laurene Powell Jobs, widow of Steve , told the New York Times,

“It’s not right for individuals to accumulate a massive amount of wealth that’s equivalent to millions and millions of other people combined. There’s nothing fair about that. We saw that at the turn of the 19th and 20th centuries with the Rockefellers and Carnegies and Mellons and Fords of the world. That kind of accumulation of wealth is dangerous for a society. It shouldn’t be this way….I inherited my wealth from my husband, who didn’t care about the accumulation of wealth. I am doing this in honor of his work, and I’ve dedicated my life to doing the very best I can to distribute it effectively, in ways that lift up individuals and communities in a sustainable way. I’m not interested in legacy wealth building, and my children know that. Steve wasn’t interested in that. If I live long enough, it ends with me.”

What a stupid, ethics-challenged, smug and selfish person. The tell is offering the non-argument that people being able to make as much money as they can and want isn’t “fair” and that it “shouldn’t be that way.” How articulate and persuasive! Continue reading →

Robert Bowman Redux, Times Two, But Ohio’s Nicer Than New York

/ Jack Marshall / 14 Comments

For several years I chronicled the frustrating travails of aspiring lawyer Robert Bowman. He was the New York law student repeatedly turned down for membership in the bar by  a panel of New York judges, who determined that he did not have the requisite good character to be admitted to the practice of law in New York because he owed nearly a half-million dollars in student loans. Not paying back financial commitments is one of the specific components of “moral turpitude,” which will block anyone from becoming a lawyer, though it will seldom get one kicked out of the profession after one becomes a lawyer. Go figure. The panel kept rejecting Bowman  because they felt his debt was per se proof of  irresponsible and negligent financial management, making him an unacceptable risk for any client.

A New York bar association subcommittee investigated, and  concluded that far from being of dubious character, Bowman was an individual of “exceptional character,” with unusual perseverance, humility and tenacity. It strongly recommended him for admission to the New York Bar, despite the outstanding debts. Ireaclize now that I never told Ethics Alarms readers “the rest of the story”: Bowman is a New York lawyer now. He finally won his appeal, though the news media, which chronicled his failures, decided that his ultimate success wasn’t newsworthy.

How do I know this? Bowman contacted me himself to tell me. He said he was grateful to all the people who had supported his quest, and was telling each of them, individually, in person.

Now comes the story, also with a possible happy ending, of another frustrated lawyer-to-be with similar issues, this time in Ohio, although I must say that her circumstances seem a bit more difficult to excuse. Cynthia Marie Rodgers (above) is a Capital University School of Law graduate whose Ohio character and fitness application was rejected because she has nearly twice as much school loan debt as Bowman, almost $900,000. Continue reading →

Real Life Imitates Fiction, In This Case, “The Firm”

/ Jack Marshall / 4 Comments

Remember how, in the film adaptation of John Grisham’s “The Firm,” the young lawyer Mitch McDeere (Tom Cruise)who is  trapped in a mob-owned law firm wiggles out of his dilemma in part by proving that the firm’s lawyers were routinely over-billing clients?

Well, the Boston-based Thornton Law Firm and the Labaton Sucharow law firm in New York were caught inflating their billings on a similar scale.

Judge Mark L. Wolf concluded that the two firms double-billed  for their attorneys’ work on a class-action lawsuit involving State Street Bank, and even billed for the work of other attorneys not employed at either firm. Thornton’s managing partner, Garrett Bradley,  listed his brother as an attorney on the case and charged $200,000 for his time even though Michael Bradley was barely involved. Uncovering this scandal was another triumph of the Boston Globe Spotlight Team, the investigative reporting division that uncovered Boston’s predator priest cover-up in 2002. Continue reading →

Wasted Day Evening Ethics, 2/10/2020: As Your Host Tries To Salvage Some Productivity In A Messed Up Monday [CORRECTED]

/ Jack Marshall / 7 Comments

I don’t want to talk about it.

1. Is it ethical to point out that the candidate my desperate progressive friends are trying to justify supporting in the arid Democratic field is really a jerk? Sure it is! In a deft call that I missed, Rolling Stone writer Tim Dickinson found yet another striking example of Pete Buttigieg’s hypocrisy. He writes,

For much of the presidential campaign, Pete Buttigieg has championed the importance of the popular vote. In a town hall nearly a year ago, Buttigieg proclaimed: “One thing I believe is that in an American presidential election, the person who gets the most votes ought to be the person who wins.”

Yet after the Iowa caucuses, where Bernie Sanders clearly got thousands  more votes, Buttigieg has been trumpeting victory — on the basis of a metric that can subvert the popular vote, the state delegate haul from Iowa’s equivalent of the electoral college.

To be plain, the actual tally in Iowa seems to matter less to the Buttigieg campaign than building a perception of victory. On the night of the caucuses, long before any of the official tally had been reported, Buttigieg dubiously declared he had won..the Iowa Democratic Party has now released 100 percent of the state results. The current tally shows Buttigieg trailing Sanders by 2,631 votes, yet leading by 2 “state delegate equivalents” — a margin of 0.1 percent on that metric. Yet the official tally includes many documented and uncorrected errors and what the state party deems “inconsistencies in data.” The Associated Press has refused to call the election, and Democratic party chair Tom Perez has demanded a “recanvass” or recount. Despite the tenuousness of these results, the Buttigieg website now proclaims: “It’s official: Pete won the Iowa Caucuses!”.

President Trump’s election, however, was illegitimate. Continue reading →