legal ethics

Strange Ethics: Another Indiana Prosecutor Jumps the Rails

/ Jack Marshall / 3 Comments

"Ward, I'm worried about the Hoosier.."

There’s a wonderful Charles Addams cartoon that shows a bunch of hobos and bums lying around Greek columns under a college reunion “Welcome Alumni!” banner. One of the disheveled alums says, “I used to think it was me, but maybe this school is just no damn good.”

In light of a second Indiana prosecutor losing his job over making outrageous suggestions about how Wisconsin’s Gov. Walker should handle his labor battles, I’m beginning to wonder about Indiana’s training of its various government attorneys.

First, as discussed here, an Assistant Attorney General went on twitter and suggested that Walker use “live ammunition” on union demonstrators.

Now a deputy prosecutor in Johnson County named Carlos Lam has resigned after conduct far worse than that. At least Jeff Cox, the tweeter, was probably joking. Lam sent a serious  email to Walker suggesting that the governor—I’m not making this up—set up a fake attack on himself to attract public sympathy, writing… Continue reading →

And the Frontrunner for the 2011 “Eliot Spitzer Award for Outrageous Hypocrisy” is….

/ Jack Marshall / 4 Comments

Looks like this year's "Spitzie" is already in the bag!

Clark County (Las Vegas) Deputy District Attorney David Schubert!

From the Las Vegas Sun:

“Metro Police said chief Clark County Deputy District Attorney David Schubert was arrested in connection with drug charges Saturday night. Police spokesman Jay Rivera said Schubert was charged with possession of cocaine and booked into the Clark County Detention Center…
Police planned to release more information about Schubert’s arrest on Monday, Rivera said.

“Schubert recently prosecuted the high-profile drug cases involving Paris Hilton and pop singer Bruno Mars.”

Now THAT’s hypocrisy!

I’m Worried About “The Good Wife”

/ Jack Marshall / 10 Comments

Shape up, Alicia.

CBS’s “The Good Wife” seems to be getting more cavalier with its ethics breaches, a disappointing trend. Showing the ethical fudging that undoubtedly goes on behind the scenes at major law firms (on occasion) is appropriate; treating major violations with a shrug is not. I know it is tempting for the show to assume it has the intelligent legal TV show championship sewed up, since “the Defenders” is a joke and “Harry’s Law” is a disgrace, but it’s standards have been high, and it is dispiriting to see them flag with such missteps such as…

  • Prosecutorial misconduct casually brushed off as nothing. When Alicia asks why a videotape  is so much clearer than the one the prosecutor’s office turned over as evidence, she is told that what she received before was a copy of a copy of a copy–“just to mess with you.” Continue reading →

She-Hulk Legal Ethics

/ Jack Marshall / 7 Comments

One of the most creative websites around, Law and the Multiverse, discusses the legal issues that would arise in a parallel existence in which super-heroes were real. The site finally delved into the topic of legal ethics a couple of weeks ago, and the post is both fun and informative on the issue of lawyer solicitation.

She-Hulk’s alter-ego, Jennifer Walters (who, unlike She-Hulk, is not green) is a practicing attorney. (So is Daredevil, and if anyone knows why they never formed a firm, let me know.) The post involves the propriety of She-Hulk’s soliciting legal business at the scene of a rescue. The issue is pretty straightforward. It does not, however, deal with the question of whether She-Hulk can ethically practice law when she is not Jennifer Walters. Does Walters’ license still apply to She-Hulk, who looks different, sounds different, thinks differently and has a different personality? The question is similar to the issue of whether Dr. Hyde can legally. practice medicine.

Oh well, maybe they’ll take that one up another time. You can read about She-Hulk’s legal ethics problem here.

The Times’ New Ethicist Commits Malpractice

/ Jack Marshall / 13 Comments

The new Times "Ethicst" shows her dark side.

Randy Cohen’s replacement as “The Ethicist” in the New York Times Magazine, Ariel Kaminer, had a flawless maiden flight last week, but crashes and burns on her first question this week. As was too often true of Cohen, she messes up in the area of honesty and legal ethics.

The inquirer, an applicant for law school, had asked a former professor to write a recommendation.  The professor, an apparent creep, said she was too busy—Honestly: writing recommendations for students applying to graduate students is part of her job, and how long does it take?—but if that if the student would write it, she would gladly “edit as needed” and submit it under her own name. Ariel’s inquirer felt uncomfortable writing her own letter of recommendation, but did not “wish to jeopardize my chances of being accepted into my top-choice school by being overly conscientious.” Ariel’s question to answer: is it ethical to draft the letter? Continue reading →

The Ethics of Singing For Muammar

/ Jack Marshall / 4 Comments

Sing, Nelly---and charge him through the nose.

Singer Nelly Furtado has been attacked recently for accepting a million dollars in 2007 to entertain Muammar Gaddafi and his family. The idea seems to be that, as ringingly put by screenwriter Mark Tapper,

“It is quite simply willful blindness to claim that there is no moral dimension in the choice to perform privately for a monster like Gaddafi, and in being paid exorbitantly from funds no doubt stolen from his own people, or misappropriated from foreign aid or dirty deals.”

Furtado isn’t the only one who crooned for the Libyan dictator, apparently. Mariah Carey, Usher, Lionel Richie, Beyoncé and other performers also accepted big bucks to give Muammar and his family a good time.Furtado is donating her fee to charity in the wake of criticism like Tapper’s and Beyoncé has also donated the million that she received to charity, apologizing profusely. Mariah Carey is begging for forgiveness.

I’m glad that the stars are giving their money to worthy causes, and no doubt it is a good public relations move in a society where half-baked ethical notions become conventional wisdom before much thought has been applied to them. Nevertheless, Furtado and the rest did nothing wrong by entertaining Gaddafi. Continue reading →

Texas Lawyers And Sex: Not Horny, Just Wise

/ Jack Marshall / 3 Comments

"Now about my fee...."

Texas lawyers have voted down a proposed ethics rule that specifically condemned attorneys having intimate relations with their clients. Naturally, the media will represent the decision as the predictable reaction of a bunch of high-rolling, fun-loving Texas legal horn-dogs to people trying to spoil the perks of their job; even the legal media has settled on a misleading headline:  “Texas lawyers reject ban on sex with clients.” But Texas lawyers don’t think that sex with clients is ethical, or want it to be ethical. Like the attorneys in many other states, they just think having a rule on this topic is bad idea. And they are right. Continue reading →

The Legal Profession Welcomes Yet Another Arrogant Jerk Into the Fold

/ Jack Marshall / 8 Comments

OK, she's snarky...but can she be a good lawyer?

…but not an untrustworthy arrogant jerk!

Marilyn Ringstaff, a 2006 graduate of John Marshall Law School, had to pay a $250 fine as a result of a minor traffic accident she was a first year law student. She represented herself in court, challenging Abe Lincoln’s Rule that “If you represent yourself you will have a fool for a client and a jack-ass for a lawyer,” and then proved Abe correct—on both counts— when she argued on appeal that her own representation was ineffective.

Ringstaff paid the fine and sent along an obnoxious note with two smiley faces, reading, “Keep the change—put into a police/judicial education fund. I can certainly say this has been an educational experience. I am now a second-year law student and can honestly relate to what a crooked and inequitable system of ‘justice’ we have.” Continue reading →

Unethical Quote of the Week: U.S. Attorney General Eric Holder

/ Jack Marshall / 6 Comments

Trick Question: Who are the U.S. Attorney General's people?

“When you compare what people endured in the South in the 60s to try to get the right to vote for African-Americans, and to compare what people were subjected to there to what happened in Philadelphia–which was inappropriate, certainly that—to describe it in those terms I think does a great disservice to people who put their lives on the line, who risked all, for my people.”

—-U.S. Attorney General Eric Holder, testifying in a Congressional hearing regarding allegations of race-based enforcement in the Justice Department, and taking issue with Rep. John Culberson, who was questioning Holder about the New Black Panther Party voter-intimidation case. Culberson quoted a Democratic activist who called the incident the most serious act of voter intimidation he had witnessed in his career, prompting Holder’s statement.

I am willing to give the Attorney General the benefit of the doubt and regard this is a slip of the tongue. It would be unfair to conclude, based on this statement, that Holder is biased. But his use of the term “my people” certainly raises the question of bias. As the Attorney General of the United States, Eric Holder is obligated to regard all American citizens as “his people.” Suggesting otherwise undermines his credibility and the people’s trust, and is at best careless, and at worst suspicious.

[Thanks to WSJ blogger James Taranto for flagging the quote.]

“Harry’s Law” Is A Legal Ethics Mess

/ Jack Marshall / 13 Comments

When it comes to legal ethics, "Harry" is no straight-shooter.

As I have noted before, TV has one of its more ethically-sophisticated legal dramas to date in CBS’s “The Good Wife.” Oh, the lawyers (and their investigators) are frequently unethical, all right, but the show has seldom represented unethical conduct as ethical, or implied that it would be defensible if it came to the attention of the bar. In contrast, the new NBC Kathy Bates drama “Harry’s Law” has already ticketed itself for the Dumb Lawyer TV Show Hall of Shame, grossly misleading its audience about what constitutes a lawyer’s ethical duties. (Other recent admittees to the Hall: James Woods’ “Shark,” the Kathleen Quinlan drama “Family Law,” Steven Bochco’s embarrassing “Raising the Bar,”and every legal show created by David Kelley.) Continue reading →