“A Brooklyn attorney was disbarred Wednesday for a range of misconduct, from fabricating court orders to making misrepresentations to secure third-party litigation funding. … ‘The severe and gross violations committed by the respondent fully merit the special referee’s conclusion that the respondent is “morally corrupt and intellectually bankrupt,”‘ the appellate court wrote in a per curiam opinion.” [Reuters; Mr. Tanella’s happier, award-winning days]
Posts Tagged ‘ethics’
As IOLTA shrinks, its advocates get creative
The idea of Interest on Lawyers’ Trust Accounts (IOLTA) programs in California and elsewhere is to skim off tiny sums from clients’ accounts, too small to be worth arguing about (isn’t that what class action theorists are always claiming defendants get away with?) to finance legal representation, sometimes for indigent clients, other times for “cause” litigation, the latter of which results in “a lot of unsuspecting clients funding things they may or may not have believed in.” With interest rates at prolonged lows, however, the sums raised by IOLTA have drooped, and California bar authorities have responded by burying new line items in dues renewals for voluntary levies — which have not, it seems, resulted in the hoped-for flood of lawyer contributions. [Charlotte Allen, L.A. Times](& Legal Ethics Forum)
Elephant sized payout in Ringling Bros. abuse of process case
According to a press release from Feld Entertainment, which owns the Ringling Bros.-Barnum & Bailey circus, the American Society for the Prevention of Cruelty to Animals (ASPCA) has agreed to pay $9.3 million to settle racketeering and other charges arising from alleged litigation abuse in lawsuits beginning in 2000 over elephant welfare. Feld says ASPCA and others paid a plaintiff and fact witness in the case whose testimony a judge described as not credible. It says it intends to continue suing other animal-welfare groups that it has named in connection with the episode, including the Humane Society of the United States, and Fund for Animals, as well as attorneys. [more on circus’s side of dispute; earlier here, here, here, here] More: John Steele, Legal Ethics Forum.
Class action law, for export?
Better sort out the ethical issues first [Edward Siedle, Forbes]
“We know only one category as prosecutors, and that is a ‘V.’…It’s ‘V,’ for victim”.
Monroe Freedman lines up Angela Corey’s press conference — in which she spoke of “our precious victims,” talked of having prayed with the Martin family, and suggested that her investigators had established “the facts” and “the truth” regarding the guilt of George Zimmerman — against the code of ethics. Earlier on the prosecution affidavit here [expanded and retitled 8:30 a.m. Apr. 16].
“The legal investigator should not rely upon pretext or subterfuge…”
“….except in situations when an honest and straightforward approach will not be effective.” [David Hricik (citing not endorsing), Legal Ethics Forum]
Macaulay on legal ethics
We will not at present inquire whether the doctrine which is held on this subject by English lawyers be or be not agreeable to reason and morality; whether it be right that a man should, with a wig on his head, and a band round his neck, do for a guinea what, without those appendages, he would think it wicked and infamous to do for an empire; whether it be right that, not merely believing but knowing a statement to be true, he should do all that can be done by sophistry, by rhetoric, by solemn asseveration, by indignant exclamation, by gesture, by play of features, by terrifying one honest witness, by perplexing another, to cause a jury to think that statement false.
—Thomas Babington Macaulay, Essay on Francis Bacon
2nd Circuit revives client conflict suit in Nextel settlement
The court said the conflicts between law firm Leeds Morelli and its clients’ interests in the employment case were so “enormous” that they could not be waived by the clients. Ethicist Stephen Gillers calls the ruling a “must read for the legal ethics crowd with jaw dropping allegations“. [ABA Journal, opinions, more documents, earlier coverage] More: Daniel Fisher, Forbes.
Before hiring a criminal defense lawyer…
…consider this cautionary tale [Brian Tannebaum].
“Foreclosure relief” and its temptations
The St. Petersburg Times explores the ethical issues raised by the practice of a Florida lawyer who “flies his six-seat Piper Malibu around Florida championing the cause of the little guy. His target: the big, bad banks.” The plan: charging upfront fees of up to $5,000, plus a contingency, for the privilege of enrolling in “mass joinder” suits demanding foreclosure relief.