legal ethics

Is a Plagiarist a Trustworthy Attorney? Let’s Ask Mary Frances Prevost!

/ Jack Marshall / 46 Comments

This is me, apparently.

San Diego criminal defense attorney Mary Frances Prevost has an interesting post on her blog about the ethics of George Zimmerman’s first set of attorneys.

MINE.

You wouldn’t know it was mine, of course, because blogger/attorney/ former Washington Post journalist Prevost has slapped her own name on it. There it is, right at the beginning: “by Mary Francis Prevost.” I think that’s interesting.

Her post, entitled “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”, was posted the same day as the Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”, which began, coincidentally enough, by quoting John Steel’s post from the Legal Ethics Forum that read, “[S]hut up, guys. Shut the h*** up.”  It was two introductory paragraphs later, however, when “her” post got into the substance of “her” analysis of the ethical problems with the farewell press conference given by George Zimmerman’s attorneys shortly before the shooter of Trayvon Martin was charged, however, that I really began getting a serious dose of deja vu, also known as “Holy crap! This woman stole my article!” Continue reading →

The Messy Case of the Courageous/ Zealous /Inept/ Dedicated/ Venal/ Lying/ Unethical/ Ethical Lawyer

/ Jack Marshall / Leave a comment

The courtroom chaos of Gilbert and Sullivan’s “Trial By Jury” was nothing compared to this!

One thing we do know for sure: the lawyer was rushed. And therein lies much of the problem.

This mind-blowing scenario, that could have easily been an episode on “Boston Legal” or “Ally McBeal,” occurred in California.  After a week long trial in a personal injury case where the brain-damaged plaintiff’s lawyer had asked for millions in damages, jurors  deliberated only four hours and announced they’d reached a decision. Both lawyers were certain a defense verdict, against the disabled man, was coming. Plaintiffs attorney C. Michael Alder pulled defense counsel  into the hallway for last-minute settlement negotiations, hoping that the defense would agree to some damages as insurance against a surprise plaintiff’s verdict. With his developmentally disabled client (who had suffered brain injuries in a fall from an ambulance) and his mother by his side, Alder exchanged figures and rejections with   defense lawyer James Siepler, who had an insurance claims adjuster on his cellphone.

Los Angeles County Superior Court Judge Michael Johnson was impatient, for the jury was ready to give its verdict. Literally at the last second,  Alder and Siepler agreed to a  $350,000 settlement, and returned to the courtroom. “The parties have advised me that they have reached a settlement of the case,” the judge informed the jurors, adding, “They will be happy to talk with you out in the hallway to get your views.”

They got the jurors’ views, all right. The jurors told the attorneys that they were going to award the plaintiff 9 million dollars. Continue reading →

Trayvon Martin-George Zimmerman Ethics Train Wreck Post-Bail Update

/ Jack Marshall / 103 Comments

Sadly, still with a good head of steam...

George Zimmerman has been released on $150,000 bail, prompting more ethical misconduct from the media and the lynch mob on the Left:

  • Cable news was reporting that Martin’s parents are “devastated” at the news of Zimmerman’s release. They should not be devastated that an innocent man (in the eyes of the law) is not being forced to stay in prison for more than a year to await trial, and the fact that they are suggests that vengeance, not “justice”, is their true objective. Meanwhile, for CNN et al. to be reporting this as if releasing a defendant on bail is some kind of gift to Zimmerman or affront to Martin’s family is irresponsible and provocative. The news organizations have an obligation to explain that bail is based on the likelihood that the defendant is not a danger to others and not a flight risk. Zimmerman is neither: he turned himself into police as soon as he was charged, and has ties to the community. In America, we do not keep people in jail before they have been convicted unless it is absolutely unavoidable. Citizens interested in ‘justice” should not be devastated when any fellow citizen is afforded freedom up to and until his guilt of a crime has been proven. It is a right they may need themselves some day. Continue reading →

Ethics Dunce, Trayvon Martin-George Zimmerman Ethics Train Wreck Division: Mansfield Frazier

/ Jack Marshall / 24 Comments

"Do the right thing, George. Or else."

Mansfield Frazier, whose name I was blissfully unaware of until I read his astounding opinion piece in The Daily Beast, thinks that in order to prevent another set of deadly riots along the lines of what occurred when the police who beat Rodney King were acquitted, George Zimmerman should be persuaded to accept a prison sentence without a trial by jury of his own. “The time is now for strong hands to take the helm and steady the ship of state—not to mention our national racial, political and legal discourse. The paramount concern has to be to avert a large-scale racial calamity.” he writes.

No, the paramount concern is for the justice system to give George Zimmerman the same due process of law, same fair trial, same guaranteed legal defense and same right to a trial before his peers as any other citizen accused of an alleged crime that has not been used to fan racial hate and suspicion on MSNBC. Those concerned about potential race riots should look to the people who irresponsibly lit the fuse to ignite them, and order them to snuff out the flame. Those concerned should observe the actions of the Florida prosecutors, who have given every indication that they either have no valid case or are incapable of presenting one. They should seek to discipline a national news media that has misinformed the public about the case, stating that there were elements of racism and profiling in Trayvon Martin’s death when the evidence so far firmly establishes neither. It is not George Zimmerman’s responsibility to sacrifice his freedom to prevent a social calamity that was not and will not be of his making. Continue reading →

In Brooklyn, Another Nightmare Prosecution

/ Jack Marshall / 5 Comments

Prosecutors intentionally robbed Darrell Dula of a year out of his life. What should happen to them?

We continue Unethical Prosecutors Week with this jaw-dropping horror story from Brooklyn, New York.

In June 0f 2011, the accusations of a 22-year-old prostitute led to Damien Crooks and Jamali Brockett being arrested on charges of forcing the woman  into prostitution when she was a 13-year-old girl, and then raping, assaulting and sexually trafficking her for the next 8 years. She also accused  Jawara Brockett and Darrell Dula of raping her. They were also arrested and charged.

The day after she fingered Brockett and Dula, however, the 22-year-old prostitute confessed to detectives that she concocted the accusations against them.  “I once again asked [her] if she was raped,” a detective wrote in a police report after the interview. “She told me ‘no’…”   Then she signed a recantation.

Never mind. Even though they knew a conviction would be impossible after the alleged victim and accuser had recanted her own account, prosecutors continued to pursue the case. Continue reading →

Trayvon Martin-George Zimmerman Ethics Train Wreck Update: The Special Prosecutor Buys a Ticket!

/ Jack Marshall / 8 Comments

Don’t tell me Angela Corey is unethical too! Hey…I told you not to tell me!

Here, almost in its entirety, is noted legal ethicist Monroe Freedman’s post on the The Legal Ethics Forum, regarding Special Prosecutor Angela Corey’s outrageously unethical press conference. I was going to post on this myself, but I could not improve on Prof. Freedman, which should come as no surprise to anyone familiar with his career and contributions to legal ethics theory. His title was “Trayvon Martin, Angela Corey, and Prosecutors’ Ethics.”  When I read it, the only thing I could say was “Bingo!”  From here on, it is all Monroe:

“Special Prosecutor Angela Corey used her press conference to establish three things.

“First, her investigative team… “worked tirelessly” in a “never-ending search for the truth and a quest to always do the right thing for the right reason.”  We are “not only ministers of justice,” we are “seekers of the truth,” and we “stay true to that mission.” Continue reading →

The Criminal Justice Ethics Breakdown: Unforgivable, Incomprehensible, and Horrifying

/ Jack Marshall / 24 Comments

"Yeah, that's bad, but can you believe those gas prices?"

There is no longer any way for the defenders of the criminal justice system, or indeed American democracy and its ideals, to deny that thousands, and perhaps tens of thousands, of Americans languish in prison for crimes they did not commit. This fact is so terrible in its implications for the nation, the system, the public and the legal profession that I feel incapable of grasping it all, still, though this has been slowly dawning on me for a long time. Right now, it is all I can manage to escape denial, for the deprivation of so many innocent people of their liberty is my responsibility, as well as yours, and that of everyone else. Even in the midst of serious policy debates over so much else that is vital to our future, how can anyone argue that this isn’t the highest priority of all?

Yesterday, the Washington Post revealed that

“Justice Department officials have known for years that flawed forensic work might have led to the convictions of potentially innocent people, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled. Officials started reviewing the cases in the 1990s after reports that sloppy work by examiners at the FBI lab was producing unreliable forensic evidence in court trials. Instead of releasing those findings, they made them available only to the prosecutors in the affected cases, according to documents and interviews with dozens of officials. Continue reading →

Unethical Quote of the Week, Trayvon Martin Ethics Train Wreck Division: Dr. Boyce Watkins

/ Jack Marshall / 2 Comments

“Sybrina’s words have opened the door for millions of people to understand when George Zimmerman is let off the hook with either an acquittal or a plea bargain for a lesser charge.”

—Syracuse University Professor Boyce Watkins, in a blog post complaining that the comments of Sybrina Fulton, Trayvon Martin’s mother stating that she thought the shooting of her son was “an accident” were devastating to the chances of convicting George Zimmerman of second degree murder.

Unmasked at last!

I must confess, I love this quote and the post that generated it. I love it because a race-baiting scholar who later defenders cannot credibly claim didn’t write what he meant, has confirmed what I have argued in multiple posts, in the course of also validating my assessment that Fulton’s comment was itself unethical, though not for the reasons Dr. Watkins objects to it.

In the rest of his post, Watkins confirms my assessment of Fulton’s irresponsible and despicable willingness to stir up hate toward Zimmerman. Continue reading →

Clarifications, Retractions, Excuses and Lies: The Low Art of Pretending You Didn’t Mean What You Said

/ Jack Marshall / 5 Comments

A figure in the public eye says something that appears sincere but that leads to negative conclusions about the speaker? Well. there are many options:

1. The speaker can stand by his or her words, and take the consequences.

2. The speaker can regret the words, express remorse, apologize, and ask forgiveness.

3. The speaker can accept the criticism and agree that he or she meant what he said, but state that, upon listening to the criticism, state that he or she no longer feels that way, and would not say the same thing today.

4. The speaker can try to say that the original statement wasn’t intended to mean what anyone hearing the words would naturally think they meant, making a plausible claim that the original statement was mis-worded.

5. The speaker can deny that he or she said the words, even, in some cases, though it was on tape.

6. The speaker can say that the words were taken “out of context,” as they sometimes are, as in Shirley Sherrod’s case, when subsequent comments at the same event changed the meaning of the quote, but were edited out.

7. The speaker can say he was joking, as Senator John Kerry tried to do after he suggested that if you don’t study hard and end up ignorant, you’ll be in the military fighting with all the other dummies, or as Professor Charles Ogletree has claimed regarding his statement that a video of President Obama hugging a radical law school professor when he was a student was hidden during the 2008 campaign.

8.The speaker can say that the statement is “no longer operative”, as Newt Gingrich did after a televised interview earlier this year. Continue reading →

Trayvon Martin’s Mother Says That The Killing of Her Son Was An Accident. Well, That’s Certainly A Generous and Reasonable Thing For Her To—Wait, WHAT???

/ Jack Marshall / 38 Comments

Great. Thanks for that statement, Sybrina. Now look what you've done to my head!

You think the Trayvon Martin-George Zimmerman Ethics Train Wreck is almost done? Ha! I would love for you to be right, but the signs are not promising:

  • Yesterday, the special prosecutor ended the suspense and announced that Zimmerman would be charged, putting a sock in the collective mouths of activists who claimed that the case was already closed. That was nice, but it also allowed Al Sharpton to claim that it was the demonstrations, the threats and the public outcry that forced that outcome. This is bad in three ways:

1.) It suggests that the U.S. justice system can be manipulated by mob rule;

2.) It tells the public that any citizen might be arrested, not because law enforcement believes it has a legitimate case, but because his rights have been balanced against other political and popular factors and found to be dispensable; and

3.) He may be right. Angela Corey, who made the decision to charge Zimmerman without a grand jury, strongly denied Sharpton’s point, and we should all hope she was being truthful.

  • But she almost certainly over-charged. Again, with a second degree murder charge, she is saying that there was no self-defense and that Zimmerman shot Trayvon out of spontaneous anger, animus or other cause that does not include any excuse or legally recognized mitigating factor. Here’s hope again: I hope she has sufficient evidence to support this. Otherwise, she has set everyone up for another round of mob fury and even violence, when Zimmerman is released by the judge who must rule on the “Stand Your Ground” law’s application to Zimmerman before trial, or when a jury finds that the evidence doesn’t support the charge beyond a reasonable doubt. Unethical: if Corey took this path  intentionally to take the city and state off the hook, guaranteeing that a judge would take the heat, and everyone could attack the judiciary for following the law, since that is the current fad. Unethical: if she overcharged to give the jury the unenviable job of freeing Zimmerman, since people are used to blaming Florida juries. (See: Anthony, Casey) Requiring less suspicion is the theory, advanced by some defense lawyers, that Corey is over-charging to put leverage on Zimmerman (he will be facing life imprisonment) and squeeze him to agree to a lesser charge, like manslaughter. Prosecutors are not supposed to charge citizens with crimes they know they can’t prove in trial; it is professional misconduct. I know, Jack McCoy used to do it all the time on Law and Order. So do too many prosecutors. It’s still unethical.
  • Zimmerman promptly turned himself in, which means that his blabber-mouth lawyers were even more unethical than I thought they were, suggesting that Zimmerman was on the run and out of state when, obviously, he wasn’t. George is well rid of these two.

If this wasn’t enough to prove that the Trayvon train wreck was still rolling, Sybrina Fulton, the dead teen’s mother, weighed in with this jaw-dropper: Continue reading →