legal ethics

BREAKING NEWS! Blago’s An Unethical Lawyer, Too!

/ Jack Marshall / 3 Comments

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”

/ Jack Marshall / 3 Comments

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

/ Jack Marshall / 1 Comment

“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

/ Jack Marshall / 6 Comments

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

/ Jack Marshall / 9 Comments

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

/ Jack Marshall / 8 Comments

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 →

Ethics Outrage and Cover-Up: Racial Bias At the Justice Department

/ Jack Marshall / 5 Comments

The story told by former Department of Justice attorney J. Christian Adams is shocking in many ways. It shows an abject refusal of Attorney General Holder’s D.O.J. to enforce the law equally with black and white. It shows sympathy within the Obama Administration for, of all, groups, the Black Panthers, a racist organization. It details perjury by high-ranking officials, and a hard breach of President Obama’s pledges to uphold the rule of law, embrace transparency, and to embody a post-racial philosophy. Finally, it shows the same kind of manipulation of law enforcement by ideological zealots that stained the Bush Department of Justice. Continue reading →

Florida Lawyer Quits For The Right Reason, But Will Get Credit For The Wrong One

/ Jack Marshall / 1 Comment

Florida lawyer Dan Gelber quit his law firm, Akerman Senterfitt, after BP hired the firm to represent it in the oil claims process. This will undoubtedly help him in his campaign for Florida Attorney General (Gelber is currently a state senator). His decision to resign is a very prudent and ethical one, but not for the reason most Floridians will think. Continue reading →

The Ethics of Rejecting Clemency

/ Jack Marshall / 10 Comments

A strange tale in the New York Times, told by reporter Adam Liptak, raises a persistent problem of executive ethics. Is it unethical for a state governor to reject a recommendation of clemency based on strong evidence?

As Liptak tells it, it had been 28 years since Ronald Kempfert had seen his father, imprisoned in an Arizona prison in 1975 for a 1962 double murder, when a lawyer contacted Kempfert and told him that his father had been framed—by his mother.  Nearly the entire case against the father, William Macumber, had been based on his wife’s testimony that he had confessed the murders to her. Kempfert, knowing his mother, and knowing the toxic state of their marital discord at the time of her testimony, agreed that she was quite capable of doing such a thing, and after doing some digging on his own, concluded that his father, now elderly and ailing, had been wrongly sentenced to life imprisonment without parole.

There was more.  Continue reading →

Blumenthal’s Lies and Professional Discipline

/ Jack Marshall / Leave a comment

I know I’m harping on Richard Blumenthal, but:

An Illinois attorney has just been suspended from the practice of law for three years for using a doctored resume to obtain his job at a big law firm.

Richard Blumenthal has doctored his resume, in public, by leading voters and media to believe he was a Vietnam veteran, when he was not. He is seeking a job, not with a law firm, but in the U.S. Senate.

The Illinois attorney has been found unfit for the practice of law by dint of his dishonest conduct, which raises doubts about his trustworthiness. Is filling out a resume to acquire a legal job itself the practice of law? No. Can anyone think of a reason why it is less indicative of bad character for a lawyer to fabricate credentials in pursuit of a non-legal job (albeit for a position that makes laws!) than a legal one? I can’t. That would seem to be an absurd distinction. Lying to the hiring partner at a law firm is worse than lying to the citizens of Connecticut? Blumenthal is the State Attorney General: he works for the people of Connecticut; they are his clients!  His lie is certainly worse.

Forget about not voting him into the Senate. Connecticut should work on kicking Richard Blumenthal out of the Attorney General’s office.