Happy Birthday, Mr. Lincoln: Abe on Lawyer Ethics

John Steele, on his essential blog, the Legal Ethics Forum, had the wit and wisdom to post Abraham Lincoln’s “Notes for a Law Lecture” today in commemoration of Abe’s birthday. I had been looking for an appropriate post for the occasion, and I cannot improve on John’s selection.  Written around 1850, it is as excellent a statement of what lawyers should aspire to in 2011 as it was when Lincoln was practicing, and it also confirms our 16th President’s eloquence, clarity of thought, and instincts for good.

Happy Birthday, Mr. Lincoln.

________________________________________________________________

Abraham Lincoln’s Notes for a Law Lecture Continue reading →

Frivolous Charge of the Month (Runner-Up): Redskins Owner and Ethics Dunce, Dan Snyder

Most NFL fans know that Washington Redskins owner Dan Snyder is the most hapless, inept, and narcissistic team owner in the league, spending millions upon millions of dollars on the once successful franchise while meddling in team affairs and ending up with a squad that seems to get worse every season. Few knew how petty and mean he was, however, until he was angered by an alternative media publication that published a reporter’s withering, exhaustive article last year, entitled “The Cranky Redskins Fan’s Guide to Dan Snyder”, cataloging the full range of Snyder’s non-feasance, misfeasance, malfeasance, and plain old bone-headedness over his career. Snyder’s lawsuit, filed this week in New York, claims that the article contained “numerous outrageous, false and defamatory statements of and concerning” Snyder. “Simply put,” it says, “no reasonable person would accept the publication of these types of false, malicious, and/or defamatory statements about them or their spouses. Nor would any reasonable person tolerate an anti-Semitic caricature of himself or herself prominently displayed on the front pages of a newspaper containing false and malicious allegations.”

The lawsuit is ridiculous on many levels, but mostly because it is a classic frivolous action. Continue reading →

Ethics Dunce: The Ever So Tolerant Wisconsin Bar

Hot on the heels of the story about the New Jersey lawyer who managed to avoid interruption to his legal career after admitting forgery, we have more disturbing evidence that a profession that insists on self-regulation may have a rather different concept than the public about what constitutes “fitness to practice law.”

The professional ethics rules in every state declare that substantial dishonesty and especially failure to obey the law call into question a lawyer’s trustworthiness and are grounds for suspension of disbarment. Many states automatically disbar any lawyer convicted of a felony. But in Wisconsin, a local newspaper investigative report reveals, there are 135 attorneys continuing to practice law despite convictions for battery, theft, fraud and repeat drunken driving. Some even had active licenses even as they served time behind bars, giving a new meaning to the term, “jail house lawyers.” Another 70 of Wisconsin’s  attorneys-in-good-standing managed to avoid discipline by getting charges reduced or entering into deferred prosecution agreements. Continue reading →

Now THIS is Incivility!

Michael Rausch, a 46-year-old Cherry Hill, N.J., lawyer, threw three punches at a Scranton lawyer who, he said, called him stupid and bald.

The fisticuffs occurred in July at the Lackawanna County Courthouse during a civil suit regrading a car accident. Lawyer Rausch was placed on probation, and he resigned from his law firm as a result of the incident.

Hey…what’s wrong with being called “bald”?

Stay Classy, New Jersey: Lawyer Gets Slap on the Wrist For…Forgery??

The Legal Profession Blog reports that a New Jersey lawyer Donald Bedell Jr. has been reprimanded for forging two clients’ signatures on releases for an unauthorized settlement, appending his own signature as a “witness,” and then attesting that both clients had appeared before him to sign.

Not suspended. Not disbarred. Reprimanded. Continue reading →

“He’s Suffered Enough”: Ethical Lawyering, Dubious Ethics

Attorney Barry Wilson is undoubtedly doing his job, and it is a tough one: arguing for the justice system to do less than throw the book at Boston’s disgraced former Boston City Councilor Chuck Turner, who richly deserves it. This is the lawyer’s sacred duty to a client that makes the profession the butt of jokes and the object of contempt, but it is an ethical and systemic necessity.  It also can be stomach-turning in cases like Turner’s. All Wilson has in his defense arsenal is the hoary “he’s suffered enough” argument. It is always ethically dubious, and this time it boarders on ridiculous.  Continue reading →

Dishonest Excuse of the Month

”Radical times call for radical measures.”

—-Thomas Walkley, a lawyer from Norton, Ohio, explaining why he dropped his trousers while counseling two 19-year-old youths as part of mentoring program to help at-risk young people. Continue reading →

Put A Picture Of This In The Dictionary Next To “Unethical Class Action Settlement”

Hewlett-Packard has been sued in a class action lawsuit, made up of a huge number of users of the company’s printers and ink cartridges, for a wide variety of problems. Here’s what the lawyers have come up with: a $5,000,000 settlement to be paid off in $2 and $7 coupons that can only be used at HP.com to purchase Hewlett-Packard products, and which can’t be transferred or combined, and will expire in six months. Consider: Continue reading →

When Does A Nasty E-Mail Exchange Constitute Punishable Unethical Conduct?

Now we know—at least when Florida lawyers are concerned.

Tampa lawyer Nicholas F. Mooney  and Palmetto lawyer Kurt D. Mitchell received suspensions from the Florida Bar and the Florida Supreme Court after an escalating e-mail exchange that  continued over six months.

A lack of civility is considered a breach of professionalism in all jurisdictions, but not an ethical violation calling into question fitness to practice law—the standard for bar discipline—unless it is extreme, and usually not until there have been warnings issued. Apparently this particular spat was just too much for the Bar to take, perhaps because it reflects badly on the entire profession. Continue reading →

When TV’s Ethics Matter, and When They Don’t

As one who has argued that certain TV commercials, notably the infamous “green shirt” Tide commercial, the Twix commercial  and Direct TV’s disturbing (but often funny) series showing football fans hurting rival team supporters, I know I’m asking for trouble by declaring, as I officially do here, that for compliance firm Global Ethics to criticize TV shows like “The Office” and “30 Rock” for supposed workplace ethics violations is absurd. But it is absurd. And criticizing the commercials in question is not.

Hear me out. Continue reading →