The acclaimed CBS series “The Good Wife” premiered last night, with an episode called “Taking Control.” The title is ironic in one respect. Because the legal profession regards lawyers as being in control of the non-legal staff that works for them, good wife and whiz-bang attorney Alicia Florrick (played by Juliana Margulies) violated one of the most important legal ethics rules in the very first episode. This was far from unrealistic, however. Her ethical breach is not only a common one, but also one that many lawyers are careless about. It is also unethical conduct that the public assumes is standard practice for lawyers…because movies and TV shows make it seem that way. Continue reading
legal ethics
Despite Evidence, Obama’s D.O.J., Democrats and News Media Stonewall Black Panther Case
The bizarre conduct of the Obama-Holder Department of Justice in refusing to to fully prosecute a 2008 instance of blatant voter intimidation at the polls by members of the New Black Panthers in Philadelphia has been denied by D.O.J. (despite a video that proves the Voting Rights Act violation ), ignored or buried by most major news sources (despite Washington Post ombudsman Andrew Alexander chiding his own paper for failing the public with inadequate coverage of the story) and attacked as manufactured by Republicans by partisan Obama defenders (despite the fact that, well, it just isn’t.) It is both disturbing and depressing that this conduct persists, long after the event itself, months after one Justice Department Civil Rights attorney quit to expose the episode publicly, and while the non-partisan U.S. Commission Civil Rights holds hearings on the case.
At issue is racial bias in Attorney General Erik Holder’s Civil Rights Division, which the Obama Administration must not permit, tolerate or excuse, but appears to be anyway. Continue reading
Is “Have a Nice Day, You Piece of Shit!” An Unethical Goodbye?
An ethics complaint has been filed against an Illinois attorney who, as he left a courtroom, bid farewell to his opposing party with the words, “Have a nice day, you piece of shit!” The alleged legal ethics violations are Illinois Rule 4.4, which prohibits using means that have” no substantial purpose other than to embarrass, humiliate or burden a third person,” and Rule 8.4, which among its provisions forbids “conduct prejudicial to the administration of justice.”
It seems unlikely that the Illinois Bar will find these Rules to have been violated to the extent justifying discipline. Make no mistake: the statement is unethical. Continue reading
Possessed Lawyer Ethics
Is it unethical for a lawyer to claim she is possessed by a client’s dead wife?
This question has been puzzling professional responsibility experts for decades. Okay, not really. In fact, surprisingly, it just doesn’t happen all that often. But in Arizona, a lawyer is now facing suspension for claiming that she was possessed by the spirit of a client’s dead wife, then lying about it under oath. The dead wife is being accused of illegal immigration.
[OK, I made up that part, too. Sorry; couldn’t resist.]
The ABA Journal reports that the lawyer, Charna Johnson, began representing a client during his divorce proceedings. Continue reading
BREAKING NEWS! Blago’s An Unethical Lawyer, Too!
A librarian at Northwestern University found confidential attorney-client files in eighteen boxes of files belonging to Rod Blagojevich. The librarian purchased them at in an auction held by a moving and storage company that sold Blagojevich’s stored possessions after he stiffed the company on his storage bills. The files date from the ex-Illinois governor and current criminal defendant’s days as a prosecutor. Even though Blago no longer practices law (his bar status is inactive), his duty to protect prior client confidences is sacred and perpetual. The relevant Illinois Rule, 1.6, says:
(a) Except when required under Rule 1.6(b) or permitted under Rule 1.6(c), a lawyer shall not, during or after termination of the professional relationship with the client, use or reveal a confidence or secret of the client known to the lawyer unless the client consents after disclosure.
That means that leaving boxes of former client secrets statements, records and confidences in boxes stored in a facility where you’re not paying your bills is recklessly risking the privacy of those documents, and making it possible for them to fall into untrustworthy hands—not that Rod Blagojevich meets the minimal level of trustworthiness either.
Blago told the AP that he had no idea what was in the boxes. Wrong answer: he has a duty to know where his client files are and that they are secure. He also said that he didn’t know he was in arrears at the storage facility. Also wrong: staying current with the bills was his responsibility as part of his duty to protect his clients’ confidences.
That a man who ignored his duty to the public, and tried to use his power to appoint a U.S. Senator for personal gain, was also cavalier with his ethical duties to former clients should come as no surprise. People who are unethical in one job are likely to be unethical in others. And Rod…well, I think it’s fair to say that Rod Blagojevich is likely to be unethical no matter what he does, including eating and sleeping.
Unethical To Be Too “Hard-Working”
Toledo, Ohio attorney Kristin Stahlbush has been suspended from the practice of law for two years for repeatedly over-billing the Lucas County juvenile and common pleas courts for her services as a court-appointed counsel representing low-income clients. On multiple occasions, Stahlbush billed more than 24 hours a day.
From the Legal Profession Blog:
“The Court agreed with the board’s conclusions that by knowingly billing for more hours than she had actually worked, [the attorney] violated the state disciplinary rules that prohibit charging an excessive fee; engaging in conduct involving fraud, deceit, dishonesty or misrepresentation; engaging in conduct prejudicial to the administration of justice; and engaging in conduct that adversely reflects on the attorney’s fitness to practice law.”
In the opinion, the Court said it did not impose more stringent penalties because she had no prior record of disciplinary issues,and was known as a competent and hard-working.
More than 24 hours a day? I’d say she’s hard-working, all right.
Ethics Quote of the Week: Prof. Monroe Freedman
“U.S. Attorney Fitzgerald failed to convict Blagojevich on 23 of 24 multiple counts. But not to worry. Fitzgerald succeeded in convicting Blagojevich, and destroying his reputation and career, three years ago with a vicious press conference — and without having to bother himself with due process and trial by jury.”
—Prof. Monroe Freedman, blogging at The Legal Ethics Forum.
In his press conference announcing the charges against the then-Illinois governor, Fitzpatrick memorably said that Blagojevich’s conduct had Abe Lincoln “rolling in his grave.” He also said: Continue reading
Nice Guy, Unethical Lawyer
A Massachusetts lawyer, Daniel Szostkiewicz, tried to help out a former client by hiring her as his receptionist in August 2007. She asked him to pay her “under the table,” so she could keep state health benefits for her husband, who was ill. Szostkiewicz agreed. Six months later, he fired her, and his ex-receptionist applied for unemployment. This led to the state discovering the undisclosed payment arrangement.
Szostkiewicz has received a three-month suspension, with all but one month stayed as long as he allows his law firm to be audited.
I think he got off too easy. Continue reading
The Ethics Of Using A Facebook Mole
A lawyer wants to get access to an adversary witness’s Facebook page so he can use information he finds there to impeach her testimony at trial. But even though she accepts virtually anyone who asks to be her “friend” whether she knows them or not, he worries that she wouldn’t accept his request if she recognized his name and face from her deposition, which might prompt her to guess his intent. So the lawyer asks an office paralegal to send her a “friend request” instead. Sure enough, she accepts, and soon the paralegal is gathering all sorts of dirt on the witness and passing it on to the lawyer.
Is this an ethical plan for the lawyer, or not? Earlier this year, the Philadelphia Bar Association’s Ethics Committee issued a legal ethics opinion that concluded it was not: the paralegal was acting for the lawyer, who was using subterfuge and misrepresentation to gain the witness’s consent to explore her private (or semi-private) Facebook information. The Committee said that it didn’t matter that the witness was careless with granting access, or that she gave consent to other “friends” that she barely knew: Continue reading
The Justice Department’s Voter Intimidation Cover-Up: The Blue Line Breaks
The Holder-Obama Justice Department’s efforts to impose racial bias on its enforcement of the voting rights laws are no longer in the shadows, protected by the “blue line” of liberal leaning news media. Finally, after a week of ignoring a story that should have been reported immediately, the media’s efforts to confine the accusations of former Justice Department Civil Rights attorney J. Christian Adams to conservative blogs and Fox began to crack. Today the New York Times and CNN reported the story, and will have a little easier time explaining away their tardiness as something other than naked political bias than the Washington Post, the major networks, and others.
But not much easier. Continue reading
