The Comfort Women Memorial Lawsuit: A “Disgusting” Legal Argument, Perhaps…Unethical, No

The Glendale Comfort Women Memorial

The Glendale Comfort Women Memorial

The large and respected law firm Mayer Brown has taken the ugly case of some Japanese-American clients who want the city of Glendale, California to remove a memorial to World War II “comfort women” from a public park. In doing so, and in the way it is proceeding, the firm has inspired harsh condemnation from two estimable legal commentators, both First Amendment champions: Marc Randazza, and Ken White. Their objections, which caused Randazza to call the firm “the least honorable law firm in the world,”and White to conclude, “This lawsuit is thoroughly contemptible. It should fail, and everyone involved should face severe social consequences,” are heartfelt, but, I think, misguided. Their argument, beside arguing that the lawsuit is frivolous, is best articulated by Randazza: Continue reading →

How Can Lawyers Be Shockingly Unethical Without Breaching Any Legal Ethics Rules? Meet Styles & Pumpian

"Let's have a moment of silence for Ira, our troubled friend, partner and colleague, a fine lawyer who left this world too soon....Ok, now that's over, how can we keep his fee from his family?"

“Let’s have a moment of silence for Ira, our troubled friend, partner and colleague, a fine lawyer who left this world too soon….OK, now that’s over, how can we keep his fee from his family?”

Ira Bordow, a partner in the Wisconsin law firm of Styles & Pumpian, had been handling a family’s dispute with an insurance company. Successfully too: he negotiated a $250,000 settlement, and the company sent him the check for that amount, to be divided among the plaintiffs and Bordow’s firm. Bordow, as a partner, was going to get a $41,666 share.

The 54-year-old lawyer, however, had problems of his own that money could not solve, and committed suicide. His brother found the quarter of a million dollar check on the seat of Bordow’s Lexus coupe, and properly and correctly sent it on to  Styles & Pumpian.  Bordow had already earned his cut of the settlement at before he took his own life, for he, and the firm, were working on a contingent fee basis. The representation was at an end. Apparently, however, once the firm had the check in hand, the brilliant legal minds at Styles & Pumpian applied their craft to thinking of ways they could avoid paying the grieving family of their tragically demised partner any of the loot. They thought of one too, at least one they felt was worth a shot.  The firm is refusing to pay the Bordow estate the late lawyer’s $41,666 cut, arguing that Bordow’s suicide in his River Hills home negated his partnership agreement with the firm. It was a breach of contract, they say, and thus, even though he would have received the money if he had lived, the firm can keep it now.

Continue reading →

Ethics Dunce (Advice Columnist Division): “Dear Prudence”

Hmmm...refreshing! And strangely tangy!

Hmmm…refreshing! And strangely tangy!

Here is my guess: nearly 100% of all people with two ethics alarms to rub together would be able to answer this question correctly, responsibly, and within about 1o seconds of thought. The question, in essence:

‘I worked as a nanny for a couple I didn’t like, so to make myself feel better, I secretly poisoned them. Now I work elsewhere, and I hear that they are both ill and doctors are stumped. I feel kinda bad about it. What should I do?’

The obvious answer: “For God’s sake, you idiot, tell them what you did, so the doctors can treat them! Why are you wasting time talking to me? They could die, and you would be responsible!”

But this answer isn’t the one given by Emily Yoffe, Slate’s serially incompetent and unethical advice columnist. She responded, in a live online chat that uncovered this vile supplicant, who confessed to routinely dipping her employers’ toothbrushes in the toilet and periodically spiking their bedside water with the same fecal solution, by writing this:

“Part of me would love to tell you to rush to confess. However, I will extend you a courtesy that you didn’t give your “inconsiderate” and “rude” employers. That is, while I think this couple should know the source of their illness, confessing could leave you open to potential prosecution. You may deserve it, but you need to consider the stakes here.”

That part of Emily, apparently, is the sensible, compassionate, ethical part, and it was over-ruled by the unethical, irresponsible, dumb part. The lawyer, if he or she is more ethical than Emily, a good bet, will tell the Potty Poisoner that she should confess immediately in case an E Coli infestation is what is making the couple ill, particularly because they might die, greatly increasing her risk of serious criminal penalties as well as, you know, ending their lives and leaving their children parentless.  The lawyer will also explain all the possible scenarios resulting from what Emily seems to dread, honesty and accountability. Even lawyers, who are required to place their clients’ best interests first, are not supposed to advise them to cover up their crimes and allow their victims to perish. Advice columnists are definitely not supposed to do this, and are duty bound to give wise and responsible advice that is in the best interests of all concerned, not just their correspondents, who are likely to be, in general, less than bright, ethically-clueless, and in need of nannies themselves.

“Dear Ethics Alarms: I’m an advice columnist and I told someone who said that she had been poisoning her employers with fecal matter that she didn’t need to ‘fess up, even though they became deathly ill. Now she has written me a follow-up, thanking me for my advice since the couple died, leaving several young children orphaned, and she would have been in big trouble if she had come clean. Now I feel guilty. Should I?”

Yes.

______________________
Pointer: Fark

Source: Slate

The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile

"How can you trust him to head the Civil Rights Division of the Justice Department? He's a Lawyer!"

“How can you trust him to head the Civil Rights Division of the Justice Department? He’s a Lawyer!”

I don’t know much about Debo Adegbile, President Obama’s choice to head the Justice Department’s Civil Rights division. I know that he could hardly be more of a disaster than the current Attorney General, Eric Holder, and that the odds are that he would have to be much better. It may be that Adegbile is superbly qualified; it may be that he isn’t qualified at all. But I do know, with 100% certainty, that his representation of a convicted cop killer to seek to overturn his conviction is completely, absolutely irrelevant to his qualifications or character, and that for conservatives, Republicans and GOP Senators in Adegbile’s confirmation hearings to argue otherwise is both irresponsible and contemptible.

I first learned of this controversy from conservative radio host Mark Levin, who can really be an ugly hypocrite at times, and this was one of those times. Levin is a distinguished lawyer and an ethical one*; I refuse to believe that he does not comprehend ABA Model Rule 1.2 (b) or its importance to his profession. It reads:

“A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

This principle is essential to allow, not merely the justice system but the entire rule of laws in a democracy, to function properly, and any lawyer who cynically, unethically, and dishonestly undermines it is playing with fire. “It is a move,” writes  Prof. Jonathan Turley, “that strikes at the heart of the notion of the right to counsel and due process”—-but it is much more than that. If every citizen does not have full access to the laws of the land, the ability to use them to his own benefit and protection whatever his purpose, as long as it is legal, then this is not a government by the people and for the people, but rather a government of law-manipulating specialists and experts who bend ordinary citizens to their will through the use of complex, convoluted, jargon-riddled statutes and regulations that their victims can’t possibly understand. Continue reading →

The News Media’s Self-Degradation Continues: The Unethical Sliming of Chris Christie

Yellow Journalism

You have to feel for Christie, who as a Republican moderate can literally find no news media organization that isn’t determined to destroy him, facts or fairness be damned. As a Republican, he is assured of being treated like the Devil incarnate by MSNBC no matter what he does or says.  As a proven leader of talent and charisma who poses a threat to the media’s relentless anointment of Hillary Clinton (a WOMAN!!!)—who has displayed neither— as the next President,Christie has a giant target on his back that the mainstream media cannot resist. As non-hateful Republican who is capable of bi-partisan conduct, will shake the President’s hand and has social positions to the left of Pat Robertson and Rick Santorum, Christie is also persona non grata at Fox News.

Thus it was that a completely self-serving, borderline unethical letter seeking financial benefits for his client sent by the lawyer of the former Port Authority official who personally oversaw the lane closings at the George Washington Bridge was turned into a “bombshell” yesterday and this morning, with headlines and breathless talking head claims that are completely, utterly, irresponsible, dishonest, misleading, unfair and wrong. Here’s a sample:

  • “Christie Linked to Knowledge of Shut Lanes” (NY Times) Untrue. He has not been linked. A lawyer hinted that some evidence suggesting he might be linked exists, or is said to exist, somewhere. That is not being “linked.”
  • “Chris Christie should resign if bombshell proves true” (Star-Ledger) And if it’s proven that I am a cucumber, I should jump in a salad.
  • “Chris Christie just got thrown under the bus in that traffic jam scandal that has jeopardized his presidential ambitions.” CBS’s Scott Pelley. By the press, perhaps.
  • “Explosive new allegations about Chris Christie. Tonight, the man at the center of the bridge shutdown scandal says the governor isn’t telling the whole truth. He says there’s evidence to prove it.” NBC’s Brian Williams. “Lawyer of accused official facing charges says it’s someone else’s fault!” This is headline news?
  • “This is a hugely significant development in the investigation! It’s a direct challenge to the credibility of Governor Christie.” NBC reporter Michael Isakoff Wrong. It’s significant if it’s true. There is no more reason to believe it is true than to believe it isn’t.

No, Michael, what this is is a journalistic disgrace and an example of intentionally misleading, partisan and biased reporting.  The context of the statement being pumped up into a crisis for Governor Christie was omitted in every one of the hysterical “We got him now! media reports until deep into the published or broadcast account, if it was mentioned at all….in other words, well after the point where the average member of the public stops reading or listening. This is unconscionable. It’s disgusting. It is gutter reporting, and rotten journalism. What if each report, as it should have, framed the story this way:

“In today’s new, the lawyer for David Wildstein, the ex-Port Authority official facing indictment in the bridge-closing scandal that has rocked the administration of New Jersey Governor Chris Christie, is using the threat of his client revealing undisclosed evidence indicating knowledge and involvement by the Governor as leverage to have Wildstein’s criminal defense, including the lawyer’s own fee, paid for by the state.”

Because that’s what the story really is.

Take the time to read the entire letter in question, not just the sections I have bolded. Naturally, most of the news reports referenced the letter without actually allowing us to read the letter. The New York Times made it damned difficult to read the letter online, but at least it was there. Here is the whole thing. I’m sorry, but the issue can’t be understood without reading all of it. The letter is from Wildstein’s lawyer, Alen Zegas, to Darrell Butchbinder, who is the General Counsel for the Port Authority: Continue reading →

Now THAT’S An Unethical Lawsuit!

"All right, sir---put down the sneakers and come out with your hands up..."

“All right, sir—put down the sneakers and come out with your hands up…”

Eastern Oregon Correctional Institution inmate Sirgeorgio Clardy should probably forget his aspirations of becoming a jailhouse lawyer, if his first effort is any indication.

Sirgiorgio, an aptly named pimp, is in stir because, among other things, he brutally stomped the face of a john who was trying to leave a Portland hotel without paying Clardy’s prostitute. Jurors found him guilty of second-degree assault for using his Air Jordans as a dangerous weapon to beat the john’s face to a pulp. Now the 26-year-old pimp turned prisoner turned pro se litigant has filed a $100 million lawsuit against Nike, the maker of the Jordans, claiming the shoe manufacturer shares responsibility for the assault that was among the crimes that drew him a 100-year prison sentence. (The jury also found him guilty of robbing the man he beat and  beating the 18-year-old girl he forced to work as his prostitute. This is not, I think it is safe to say, a nice guy.)

Clardy’s creative lawsuit claims Nike breached its duty to place a label on his athletic shoes warning purchasers that they could be used as a dangerous weapon, because, I guess, the evil shoes made him do it. Or, in the alternative, he had no idea that repeatedly slamming his foot down on a man’s head would do any harm. Or something. Basically, he’d just really like a hundred million bucks, and either doesn’t know, or doesn’t care, that he’s making a travesty of the justice system.

I am confident that there is literally no chance such a lawsuit goes to trial; if there is, I am through defending the legal system for good. This is a textbook frivolous lawsuit if brought by a real lawyer, rather than an unrepentant, violent, non-too-swift pimp.  The legal ethics rule that makes such monstrosities an official ethical violation, Rule 3.1, says that…

“A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law.” Continue reading →

The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part Two of Three)

Snowden

The Ethics Alarms review of a truly disheartening year in ethics continues with fallen heroes, ficks, fools and follies with Part Two of the 2013 Worst of Ethics awards….and there’s one last section to come. Be afraid..be very afraid:

Fallen Hero of the Year

Edward Snowden, whose claim to civil disobedience was marred by his unwillingness to accept the consequences of his actions, whose pose as a whistle-blower was ruined by the disclosure that he took his job with the intention of exposing national secrets, and whose status as a freedom-defending patriot lies in ruins as he seeks harbor with not only America’s enemy, but a human rights-crushing enemy at that. The NSA’s over-reach and mismanagement is a scandal, but Snowden proved that he is no hero.

Unmitigated Gall of  The Year

Minnesota divorce lawyer Thomas P. Lowes not only violated the bar’s ethics rules by having sex with his female  client…he also billed her his hourly fee for the time they spent having sex , a breach of the legal profession’s rule against “unreasonable fees.” Yes, he was suspended. But for not long enough…

Jumbo Of The Year

(Awarded To The Most Futile And Obvious Lie)

Jumbo film

“Now, if you had one of these plans before the Affordable Care Act came into law and you really liked that plan, what we said was you can keep it if it hasn’t changed since the law passed.”

—–President Obama

2013 Conflicts of Interest of the Year Continue reading →

“Jack Reacher” Ethics, Or Why It’s No Fun Going To Movies With Me

Jack ReacherI thought the Tom Cruise action film “Jack Reacher” would be a good way to escape from an aggravating day at the ethics grindstone, but no. It was rapidly apparent that this would be one of these movies with a sociopathic vigilante hero—Reacher (Cruise) is kind of a cross between Steven Segal and Billy Jack, summarily executing bad guys and completely uninterested in nuances like trials. The character, from the pen of British writer Jim Grant, is supposed to be 6’5″ tall and weigh about 250, so having the diminutive Cruise play him is a bit like having Danny DeVito play Fezzik in “The Princess Bride.”

The main annoyance was the typical persistent misrepresentation of legal ethics, especially the attorney-client privilege. Reacher is dark, free-lance, drifting Mr. Fix-it, and he is engaged by lawyer Helen Rodin as an investigator to prove her client, an ex-military sniper who is being prosecuted by her father, the DA, for apparently gunning down five random innocent victims in a shooting spree, is something more than a mad dog killer. In their initial conversation about the case, Cruise asks if what he is telling her is privileged. She assures him that it is, but the sequence is misleading, for Reacher and for the audience. Continue reading →

The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part One)

This is the first installment of the Worst.  It says something, and not something happy, that this segment of the year-end awards are more than twice as voluminous, and far more competitive, than the “Best” of 2013 ethics. Well, nobody said it would be easy….

Ethics Train Wreck of the Year

trainwreck

Obamacare, a.k.a Affordable Care Act. This is quite an achievement, as there were at least two other three Ethics Train Wrecks rolling along in 2013 that would have been easy victors in a less horrible year. One of them, The Trayvon Martin- George Zimmerman Ethics Train Wreck, was last year’s winner, and still wreaked ethics carnage across the culture, thanks to Zimmerman’s trial (which never should hev been brought), the biased media coverage, the incompetent prosecution, the inept judge, and then afterward, the ignorant and/or racially motivated attacks on the jury for doing its job well and fairly against overwhelming odds. Yet as bad as this hangover from 2012 was, the Sandy Hook Ethics Train Wreck was arguably even worse. The news media decided to go Soviet and abandon all pretense of objectivity, essentially becoming an Obama Administration propaganda tool for gun control. Elected officials lied their heads off; so did the aroused NRA. Gun owners talked and behaved like they were about to be Gulaged. Legislators shamelessly used the grief of victims to stampede public opinion; children became props; fake statistics were everywhere; brain-damaged Gabby Gifford was programmed to read child-like messages as if they were the conclusions of research papers. The President’s total lack of political leadership skill again came front and center, then, when he had failed to do what he promised to do, the opposition was vilified by celebrities like Jim Carrey, who called them murderers and worse.

But the Affordable Care Act lapped both of these. It revealed itself to be a five-year long train wreck that just took a break after an earlier stretch where the bill was passed without due diligence by its supporters and using a cynical by-passing of due process. A Presidential lie intentionally devised to deceive the public was repeated for the five-year span, and then exposed when the law began to take affect….but not before the law inspired Republicans to force a reckless and irresponsible shut-down, a mini-train wreck within the train wreck.  The website debacle was initially spun by the news media (not working worth a damn isn’t a “glich”), then the evidence of near criminal ineptitude became impossible not to report. The indisputable evidence that the President of the United States had sold a program under false pretenses came to light, prompting dozens of politicians, bloggers, pundits and reporters to destroy their credibility forever (I hope) by desperately trying to either rationalize the lie ( “the ends justify the means”), call it something other than what it was (The New York Times’ disgraceful “incorrect promise” was one low point), or simply deny that it was a lie at all (Democratic Chair Debby Wasserman Schultz, setting a new low for personal dishonesty, itself an achievement in her case). Then, when the public pressure and political fall-out became unbearable. the President just began amending the provisions of his own law on the fly, except that it was the nation’s law, and it’s unconstitutional to do that—this, after the mantra from Democrats and the news media during the shut-down debate was that the ACA was “settled law.”  HHS Secretary Sibelius misled Congress, the White House denied that her stated goals were goals once it was obvious they wouldn’t be met; and nobody was held responsible for yet another Obama Administration debacle. And there’s a lot more, with the train wreck still moving at top speed.

Fraud of the Year

Iowa State University biomedical sciences assistant professor Dong-Pyou Han, who resigned after admitting he tainted blood samples to get desired outcomes in research animals, allowing him to claim a break-through in the effort to develop an AIDS vaccine. The National Institutes of Health had awarded Han’s research team $19 million in multi-year grants.

Incompetent Elected Officials of the Year

  • Elected Body (National): House Republicans, who staged a wholly useless, expensive and damaging government shut-down on “principle,” without ever articulating what that principle was sufficiently for anyone responsible to agree with them. Runner-Up: The California House Legislature, which passed a law allowing illegal aliens to practice law.
  • National Elected Official:  President Obama.  From being incapable of working with Congress, to refusing to fire incompetents, to not knowing what was going on in his own administration, to drawing red lines he wasn’t willing to defend (and then advocating killing people just to show he was willing to defend them), to undermining the trust and faith in both his office and himself by uttering unequivocal lies, President Obama had one of the worst years of self-inflicted miscalculations, errors, failures and reversals of any U.S. President in history. I’m sorry to have to say it, but it’s true.
  • Local Elected Official: Storey County (Nevada) Assemblyman Jim Wheeler (R). Wheeler told a group that if his constituents demanded it, he would vote (with a heavy heart)  to reinstate slavery, as he felt doing so would be his duty as a representative. Runner-up: Maryland House of Delegates Member Don Dwyer (R), who after a drunk driving and drunk boat piloting episode, the latter injuring several people, blamed his conduct in part of feeling betrayed over his colleagues approval of gay marriage in Maryland.

Sexual Harasser Of The Year Continue reading →

Dear Legal Profession: How Can We Respect And Trust You When You Police Yourself Like THIS?

Justice_broken3

I’ve been defending my profession a lot here lately, but I also recognize that there is a very good reason why such incidents as the surprisingly generous sentence in the “Affluenza” case and the drug court judge who suffered an alcoholic relapse on the bench are wrongly interpreted as proof of inequities and double standards in the legal system. The reason is that those who oversee the system do inexplicable things that appear to the outside world as not only a lack of integrity but also the apparent inability to realize how such conduct undermines the public trust.

Both of these recent news stories are cases in point:

I. The Imaginary Government Lawyer

In 2012, the Nebraska state supreme court disbarred lawyer David Walocha for not paying his bar dues and proceeding to practice law for 13 years with a suspended license. At the end of 2013, the District of Columbia Bar had to decide what to do with former Justice Department attorney Laura Heiser, who practiced 21 years with a suspended license in the District. What was her punishment? She received an informal admonition, which is the least severe form of disciplinary action.  Continue reading →