Ethics Quiz: Is This A Trustworthy Lawyer?

“Your Honor! I object!”

Sarah Naughton, for 8 years a Cook County (Chicago) prosecutor, was arrested and charged after she and a male companion caused a disturbance in an adult store when they were asked to leave ( they appear to have been bombed). After banging on the windows and calling out obscenities, the two got in a tussle with the store’s employees, and Sarah allegedly bit one of them on the leg.  She also apparently pulled the infamous, “Do you know who I am?” card, to which I guess I would have answered, “Lindsay Lohan?”

Here is video of the aftermath: the prosecutor is the one wailing and insulting the officers as she sits handcuffed on the pavement.

She has been placed on administrative leave for now.

I know: we all have our bad days and nights, and some of us don’t handle liquor very well. Naughton apparently hasn’t done anything like this before; on the other hand, her conduct does not exactly burnish the reputation of Chicago Law enforcement. Your Ethics Quiz, as we head into an ethically challenging weekend (as they all are):

Does this unfortunate private behavior in this one incident show that she lacks sufficient trustworthiness and professionalism to represent the Cook County prosecutor’s office? Continue reading →

“And Now We Welcome You To Another Episode of “As The Media Shrugs”! Elizabeth Faces Exposure As a Dishonest and Unlicensed Lawyer…Will She Finally Reveal The Truth? Will Voters Care?”

“Nope, no way to Texas; can’t get to New Jersey…maybe I should just bite the bullet and get a Massachusetts law license? Nawww, who’s going to care?”

No major newspapers or broadcast news outlets seem to care, but what was originally dismissed as a partisan blogger’s over-reaching accusation has been bolstered by more than one smoking gun, proving Elizabeth Warren’s untrustworthiness and lack of fitness for high office.

Robert Eno of Red Mass Group, who joins Prof. William Jacobson as a blogger doing dogged and necessary research on the Massachusetts Senate candidate, has convincingly shown that Warren’s justification of her practice in Massachusetts, sans law license, doesn’t work, because what she says can’t possibly be true.

Earlier this week, Warren tried to rebut Jacobson’s allegations by explaining, “I haven’t practiced any law since 2010 since I went down to do the Consumer Financial Protection Bureau. I’ve been a member of the bar in Texas for all of my career, in the Supreme Court bar, and until a few weeks ago the bar in New Jersey.” Warren and her defenders also argued that Jacobson’s claim that she was operating a regular law office out of her Harvard faculty office, which would make her an unlicensed Massachusetts practitioner, was inaccurate. Warren periodically was involved in cases in Federal court, which did not require a  Massachusetts license, they said. All that was necessary for Warren to appear before various Federal Courts was for her to be duly licensed in a state or territory, and file a statutory request to the court to appear.

Warren’s problem: it is beginning to appear that she may not have been properly authorized to practice law anywhere, or, if she was, she had to be using her Harvard office as a regular law office, meaning that she was practicing Massachusetts law. Without a license.

Here is what Eno discovered:

1.  Warren says she has been a continuous member of the Texas bar,which is technically true but misleading. After following her constantly changing spin while explaining her undocumented status as an affirmative action beneficiary, I believe misleading us is her intent. Yes, she has been a member of the Texas bar during her whole career, but during most of that period she was not allowed to practice Texas law, which was the topic under discussion when Warren cited her membership. Kim Davey the Public Information Officer for the State Bar of Texas told Eno that Warren has been on inactive status in Texas since June 1, 1992. Inactive status means a lawyer is not authorized to practice law. Warren says that she only stopped practicing law (while living and working  in Massachusetts) in 2010, which means that she could not rely on her Texas license while she was at Harvard.

2. Thus it must have been her New Jersey law license that made Warren eligible to appear in Federal Court. But there’s a problem there, too. New Jersey rules hold that a lawyer can only be a licensed attorney in good standing in New Jersey if that lawyer maintains a bona fide office for the practice of law. The office can be in any state, but it must qualify as a law office, or New Jersey’s license to practice law is no longer valid.

This means that Warren is mired in a Catch 22. If, as her defenders and Warren have maintained, she was not engaged in the practice of law because her Harvard office did not constitute  “a systematic and continuous presence in Massachusetts for the practice of law” (because Warren was just a typical Harvard law professor who now and then helped write a few briefs for the U.S. Supreme Court and out-of-state federal courts), then she could not meet New Jersey’s licensing requirements, and was practicing law without any valid law license in any state once she went on inactive status in Texas. If, in the alternative, her Harvard office was a bona fide office for the practice of law, rather than a place where she just “dabbled,” then she was practicing in Massachusetts without a Massachusetts license. Continue reading →

The Part of Legal Ethics The Public Will Never, Ever Understand

Sen. Brown has the pulse of the public on this issue, and like the public, he’s ignorant.

Especially since politicians like Scott Brown keep making sure that they misunderstand.

In this week’s Massachusetts Senate debate between Sen. Scott Brown and Democratic challenger Elizabeth Warren, Brown slammed the anti-corporate crusader, the self-styled intellectual catalyst for the Occupy Movement, for accepting $250,000 from the Travelers insurance company to help the company deny claims for asbestos poisoning. He said:

“You chose to side with one of the biggest corporations in the United States: Travelers Insurance. When you worked to prohibit people who got asbestos poisoning, and I hope all the asbestos union workers are watching right now. She denied, she helped Travelers deny those benefits for asbestos poisoning, made over $250,000 in an effort to protect big corporations….”

Brown is accurately stating the way most people look at lawyers and what they do. But he is absolutely mistaken. His characterization of what Warren did is incorrect, and his inference of hypocrisy is unfair.  It is all the worse because he is a lawyer himself. If Senator Brown, as a lawyer, doesn’t understand what’s wrong with his accusation, he should. If he does know, then he is undercutting his own profession for political gain. [NOTE: The original version of the post incorrectly stated that Brown was not a lawyer. My thanks to Mass lawyer James Flood III for flagging the error.] Continue reading →

Prosecutor, Prosecute Thyself!

The New York Times revealed this week that more than 300 district attorneys’ offices engage in a practice that is a clear violation of legal ethics and probably illegal as well.  These prosecutors partner with debt collecting agencies, which sent thousands of threatening letters to people across the country who have bounced checks, threatening them with harsh penalties and imprisonment. The letters bear the seal and signature of the local district attorney’s office, which gives them extra persuasive power.The companies also try to sell the check-writers  on budgeting and financial responsibility classes, and if they sign up, the district attorneys’ offices get a commission, in addition to a fee from the firms. It’s all in the interest of more efficient law enforcement, prosecutors argue; the partnerships free them to work on more serious crimes. Continue reading →

The Difference Between Legal Ethics and Ethics: A Son Takes Sides

“You’re doing WHAT???????”

Nevada lawyer Mark Liapis decided to represent a man sued for divorce by his longtime spouse. The spouse petitioned the court to have him barred from the case, and the court agreed: Mark was, after all, representing his father against his own mother.

Ick. Continue reading →

Trayvon Martin-George Zimmerman Ethics Train Wreck Update: The Unethical “Witness Nine”

She looks credible to me!

Now where were we?

When we last left this ongoing orgy of unethical conduct in every corner, Mr. and Mrs. Zimmerman were caught lying to the judge about their financial resources, claiming to be destitute for bail purposes, and trying to hide all the money that had come in through contributions to their website. Now the judge is buying a ticket, and has ordered the release of the tape recordings of a woman only known now as “Witness 9.”

Witness 9 has a story that is old, irrelevant, but certainly calculated to inflame the public and the jury pool against the defendant. She says…

  • Zimmerman began sexually molesting Witness 9 when she was six years old and Zimmerman was about 8.
  • It continued until she when she was 16.
  • The molestation included forced kissing, fondling, groping, and inserting his fingers into her vagina.
  •  “We would all lay in front of the TV” to watch movies, “and he would reach under the blankets and try to do things. … I would try to push him off, but he was bigger and stronger and older.”
  • Zimmerman’s family doesn’t “like black people if they don’t act like white people. They like black people if they act white.”
  •  Zimmerman also does not like blacks, though she personally she had never seen him disparage blacks or act as though he hated blacks.

Let’s see:

1. An allegation of sexual molestation that is decades old, very strange (Uh, why did you keep watching movies under a blanket with a molester for ten years, ma’am?), impossible to substantiate, and 100% irrelevant to the crime Zimmerman is charged with committing..

2. A bizarre allegation about Zimmerman’s family, that is incoherent. So do they “like” blacks, or don’t they? I don’t like whites who act like idiots. Does that make me racist? And what is “not acting like a white person,” anyway? Not listening to Donny Osmond music? Not playing cricket? What? Is wandering around  in the rain and looking like you are casing houses acting white, acting black, or just acting like a crook?

3. An assertion about Zimmerman’s opinions of blacks that the witness can’t support with any statements or conduct…

4. …that is apparently not based on any recent evidence.

In addition, we know nothing about this woman on which to assess her credibility, except that she has a grudge against George Zimmerman.

There is a technical term for testimony like this: garbage. It was no less than malicious to release it, and is proof, as if more was needed, that the prosecution in this case is not interested in justice, but serving the agenda of activists who have threatened social unrest and violence if Zimmerman isn’t summarily sacrificed on the altar of racial politics. Fair trial? Can’t risk that.

I suppose, in an ethics train wreck of six months duration, it shouldn’t be surprising that George Zimmerman is being railroaded.

CORRECTION: In the original version of this post, I wrote that Witness 9’s testimony was released by the prosecution, and laid blame on prosecutor Angela Corey, who has tried to poison the jury pool in this case already. A helpful commenter produced an earlier news report that indicates that both the defense and the prosecution opposed releasing the testimony.

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Source: Slate

Facts: Orlando Sentinel

Graphic: tramthuynh

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Ethics Quote of the Week: Washington Sports Writer Sally Jenkins

“Overreaching by government is far more harmful than any of the alleged offenses. It has poured more poison into the system than is contained in any needle.”

—-Sally Jenkins, writing in the Washington Post sports pages about the Roger Clemens prosecution.

Elsewhere in her column, Jenkins writes:

“Someone in authority at the Justice Department should have said to the federal investigators who pursued Clemens since 2007 on perjury charges, “You don’t have the evidence that can win a conviction.” The government never had a case, and knew it didn’t have a case (or at least should have), and brought the case anyway.”

Bringing a case when a prosecutor doesn’t have sufficient evidence is the epitome of unethical prosecution, and the Clemens case certainly qualifies. I can’t write much about this now, because I am preparing to give an ethics seminar to Washington D.C. government attorneys about legal ethics in government practice. I always find the government attorneys to be extraordinarily informed regarding ethical standards, and to have excellent ethical instincts. I will be talking about the Clemens case, and the Ted Stevens prosecution that went so horribly wrong, and the Fast and Furious investigation, in which a Federal Prosecutor announced his intention to take the Fifth Amendment if he was called before Congress. I will be talking about a lot of things.

There is obviously a problem.

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Spark: Ron Sarro

Source: Washington Post

Graphic: The Cell Phone Junkie

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Professional Tip, Lawyers! It’s Unethical to Sexually Assault Opposing Counsel When the Judge Leaves The Room.

NOT the ethical way to “present a motion”…

New York has suspended  lawyer Lawrence Baker from the practice of law for two years after it was determined that he behaved unethically with a female opposing counsel after  a judge overseeing a pretrial conference in chambers left the room to attend to another matter. For his part, Baker only admits to engaging in inappropriate conversation and giving the women a “love tap” on the shoulder. Uh, well, it seems to have been a bit more than that. An investigation determined that Baker kissed the lawyer, plunged his hands down her blouse, fondled her, and, <cough>, exposed himself.

The technical term for this, in the ABA’s ethics rules, is “engaging in conduct prejudicial to the administration of justice.” 

The old gag about this kind of conduct was that the lawyer “presented his briefs” to opposing counsel.

The vernacular term for it is, “YIKES!”

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Source and Facts: ABA Journal

Graphic: Leer Centrum

Brian Banks’ Lawyer’s Dilemma: The Ethics of Counselling An Innocent Client To Plead Guilty

Would Wanetta have eventually admitted her lie if Brian Banks had been sentenced to 40 years? Would you bet your life on it?

The understandable uproar over Brian Bank’s five year imprisonment for a rape he never committed has focused public attention on the wrenching situation where a criminal defense attorney feels he must counsel an innocent client to plead guilty (or no contest, in Banks’ case) when the only alternative appears to be conviction at trial and a harsher sentence.  Banks’ attorney persuaded him that five years for a crime he didn’t commit was preferable to a maximum of 40 years if he was found guilty.  Was that bad advice? Was it unethical advice? Continue reading →

Now THIS Is An Unethical Lawsuit (And a Bonus Ethics Quiz!)

A perfect lawsuit for Jackie!

Not legally unethical, mind you, oh no no no! Remember, a lawyer is not unethical when he brings a crack-brained lawsuit as long as he can muster some vaguely plausible theory to support it. Even if he thinks the case is a long-shot of long-shots, if the lawyer has a good-faith belief that it could prevail without violating the natural laws of time and space, it’s “ethical.” Thus it is that the lawyer for the victims of a car crash caused because the teenaged driver of the other vehicle was reading a text message from his girlfriend can ethically bring a lawsuit against both the driver, Kyle Best, and his girl friend. Continue reading →