Gee, I Wonder Why the Public Is Losing Trust In The Justice System….

I am heading to Richmond to do a three hour legal ethics seminar, and in my preparation, I ran across this depressing story. The seminar is called “Legal Ethics Unmasked,” and man oh man, has watching lawyers, prosecutors and judges reveal the creeps beneath been disillusioning.

The ABA headline was certainly clickbait: “Judge settles suit accusing lawyer of threatening to release her intimate photos in bid to scuttle deposition.”

Continue reading

Is Marco Bisbikis The Most Unethical Lawyer Ever?

How could a lawyer be more unethical?

As unethical, sure: I am confident that there have been other lawyers who are tied with this Michigan lawyer for the title. But more? Consider:

Marco Bisbikis, a Michigan lawyer in good standing, worked as an attorney for the Dan Hutchinson and his wife, wrote himself into popular Oakland County jeweler’s will while he was preparing it for his client, who was also under the impression that his attorney was a loyal friend. (Can you blame him? Who wouldn’t trust a face like that?)

Then Bisbikis paid a hit man to shoot and kill Hutchinson so the lawyer could inherit millions of dollars in a trust fund. On June 1, 2022, outside an Oak Park pawn shop, the hit man did just that. Bisbikis and the hired killer, Roy Larry, were convicted of first-degree murder, conspiracy to commit murder, solicitation of murder, and felony firearm and in June they were both sentenced life in prison. Two other men involved in the plot were convicted and sentenced last year.

Continue reading

Ethics Villain: Ex-J.D. Vance Friend Sofia Nelson

“Villain” is the best I can muster right now. I really can’t find the right word for someone who would do what Sofia Nelson did, or who would be able to look at themselves in the mirror after she did it.

Nelson, a close friend of J.D. Vance’s in law school and for many years thereafter, sent about 90 of the emails and text messages they exchanged from 2014 through 2017 to The New York Times. Nelson is gay or a trans-male or a trans-female, or something, I couldn’t possibly care less. Nor will I read the Times’ article about what its partisan “Slime Trump and Vance!” posse found in the emails thus far. All that matters from an ethics perspective is the throbbing betrayal of trust represented by anyone the sharing past private communications with a media outlet without obtaining consent and permission from the other party to the exchanges. It’s revolting that the Times would accept such stuff: this is a National Enquirer level story. Trump’s running mate once wrote “Love you” to a guy who is now a chick! Ew! Does that mean Vance is gay, not that there’s anything wrong with that?

Continue reading

Yet Another Candidate For My Proposed New Standard For Disbarment…

Alejandra Caraballo, a clinical instructor at Harvard Law School’s Cyberlaw Clinic, has joined the large cadre of fools who seem to seriously believe former President Donald Trump has a strong similarity to Adolf Hitler. After the assassination attempt on July 13, Caraballo posted on Twitter/”X”: “Trump is going to use this as his Reichstag moment to crack down when he’s elected.” See?

Continue reading

Ethics Dunce and Legal Ethics Dunce: The Connecticut Bar Association

This is concerning, but, frighteningly enough, not surprising. As Ethics Alarms has noted many times, the legal profession has been among the critical institutions most thoroughly corrupted, indeed lobotomized, by partisan bias and Trump Derangement. As if that wasn’t bad enough, I am also getting reports from various quarters about the deep corruption in many state bar associations. This is especially problematic for me, as bar associations are a significant market for my ethics training services (if they ares sufficiently corrupt, such organizations tend to say “We don’t need no stinkin’ ethics training!”). Well, the Connecticut Bar is in the minority of bar associations that have never sought my wisdom, so I am unencumbered by conflicts of interest.

Continue reading

The Nathan Wade Interview: Apparently Fulton County Lawyers Don’t Get That “Legal Ethics” Thingy…or Ethics Generally

I find the transcript of the interview of deposed Fani Willis prosecutor and loverboy Nathan Wade many things: damning, outrageous, disgusting, shocking. Mostly I find it to be more evidence that I have wasted the last 25 years trying to make the legal profession more ethical. This guy, a “prominent and respected Atlanta lawyer,” not only doesn’t know what ethics is, he’s infuriatingly smug about his ignorance.

These are the people Democrats have placed in charge of “saving democracy” by using the criminal laws to keep Donald Trump from delivering condign justice to the Biden presidency, as in crushing, unequivocal defeat.

On Sunday’s “World News Tonight” and Monday’s “Good Morning America” ABC revealed two segments (here and here) from an “exclusive” interview with former Fulton County, Georgia special prosecutor Nathan Wade. He was, you’ll recall, forced to withdraw from the lucrative gig gifted to him by his girlfriend Fani Willis by the judge in the case, Willis’s prosecution of Donald Trump for “election interference.”

If there are more segments, I think I’ll pass: cleaning up the serial head explosions caused by what I’ve seen already is more than enough for me. Nothing in them could change my mind about Wade (or Willis) at this point. He’s not just an unethical lawyer.He’s a fick. And an asshole.

I’ll just repeat some of the more glaring statements so you get the idea:

  • Asked how he could endanger a high profile prosecution by letting an illicit romance pollute the prosecution: “You don’t plan to develop feelings. You don’t plan to fall in love. You don’t plan to  have some relationship in the workplace that we  you don’t set out to do that and those things develop organically. They develop over  over time. And the  the minute we had that sobering moment, we discontinued it.”

I see: he’s 13 years old, then….just so darned romantic or horny that he couldn’t help himself, even though this was exactly the opposite of professional behavior. Continue reading

Fani Wallis Scandal Footnote: A ‘Bias Makes Legal Ethicists Stupid’ Moment

This is disheartening, though not unexpected.

I have written about how thoroughly my colleagues in the legal ethics field are politicized, biased and frequently rendered unable to see the ethical issues through the fog of their peer-reinforced distortions. Yesterday, as my legal ethics expert listserv was buzzing with commentary on the judge’s “split the baby” response to Fulton County Fani Willis’s screaming conflict of interest, prosecutorial misconduct, race-baiting and stunning arrogance. One prominent lawyer in the field, a woman whose commentary is usually perceptive, wrote this in part…

Continue reading

Friday Open Forum: Waiting to See If I’m Right…

Judge Scott McAfee confirmed yesterday that he will announce the fate of Fulton County’s designated “Stop Trump!” agent Fani Willis some time today. From the moment your friendly neighborhood ethicist heard the basic facts in this annoying story I was convinced that one way or the other she would have to leave the Trump case. One of my legal ethics colleagues emphatically disagrees, arguing that whatever conflicts of interest she created by hiring her illicit boyfriend to help prosecute Trump were matters of legal ethics discipline but irrelevant to the defendants. He also pooh-poohed the “appearance of impropriety” issue, echoing the American Bar Association’s logic when it took that category out of the ethics rules: actual impropriety matters, the mere appearance doesn’t.

Yet Willis is a government attorney, and employees of the state are required to avoid the appearance of impropriety because it erodes the public trust. If there was ever a prosecution that mandated a squeaky clean leader beyond suspicion or reproach, this is it. Instead, Willis has left an odoriferous trail of conflicts, arrogance, hypocrisy, dubious explanations and likely lies, all supported by her obnoxious reliance on race-baiting. I have been certain that she would eventually go down for all of this, and that my learned friend–who is apolitical— as well as the my myriad partisan-biased colleagues in the legal ethics association I belong to are wrong.

Well, we shall see . If you see Fredo (“I’m smart! I’m not dumb like everybody says!”) leading off a post today, you’ll know I was right.

Meanwhile, talk about whatever interests you in the Wonderful World of Ethics.

For the EA “Do As I Say, Not As I Do” Files: Iowa Lawyer David L. Leitner

My chosen profession of legal ethics has not been covering itself with glory lately.

The Iowa Supreme Court suspended 68-year-old lawyer David L. Leitner as explained in a discouraging story in the Iowa Capital Dispatch. He’s out of the practice of law for two years: I would have disbarred him. First, Leitner represented an Iowa seed dealer who was convicted of bankruptcy fraud in 2007 after the lawyer helped him hide assets. Leitner created a company for the seed dealer with himself the company’s manager , allowing the seed dealer to send part of his income to the company while hiding it from the government, which the dealer owed about $71,000. (Can’t help clients try to defraud the government. Can’t go into fake businesses with clients designed to cheat on taxes. Pretty basic legal ethics.)

Continue reading

Now THIS Is an Unethical Lawyer!

The Tennessee Supreme Court this month disbarred a Nashville lawyer, Brian Philip Manookian, for habitual unethical conduct that I have a hard time believing that any lawyer would dare to engage in even once. Manookian, wrote the Court, “engaged in this long pattern of intimidating and degrading conduct” to succeed in a medical liability case, the Tennessee Supreme Court said. His goal was to coerce opposing lawyers “into standing down to avoid personal humiliation and emotional distress for them or their families. A business model of sorts, based on fear….To say that Mr. Manookian engaged in multiple offenses is to understate,” the state supreme court continued. “Despite lectures, fines, sanctions and suspensions from judge after judge, Mr. Manookian did not choose merely to continue engaging in misconduct—each time he received the expected negative reaction to his behavior, he responded by escalating it.”

Continue reading