Professionalism + Ethics

transcript

presented by Jason Beehler

Our Role

Part OneHow did we get here?

AttentiveFairRespect

Good WriterOrator

Open-minded

PerspectiveProactive

Thoughtful

Logical

Detail-Oriented

ControlledSmart

HonestHard Working

Focused

Considerate

French thinker

1831-32

“Democracy in America”

“In America, there are no nobles or literary men, and the people are apt to mistrust the wealthy; lawyers consequently form the highest political class and have the most cultivated portion of society.”

Joe Jamail Depo in Texas for case in Delaware

It goes about as well as that last depo

Jamail calls opposing counsel an a**shole

Belittles his trial skills

Says “You could gag a maggot off a meat wagon.”

Joe Jamail

Show cause why you shouldn’t be barred from ever appearing in Delaware again.

I’d rather have a nose on my ass

than ever appear in Delaware again.

CBA Survey 500 non-lawyers polled

Public Opinion of Lawyers

Make Too MuchGreedyCaringEthicalHonest

Put Clients 1stSolve Problems

More interested in making money than serving clients?

Agree/Strongly agree47%

Disagree/Strongly disagree

Lack fundamental integrity?

Use complicated language most people cannot

understand?

Arrogant?

No opinion15%

Only available for rich people?

No opinion14%

Source of Opinion

News + Media

Don't Know

Friend's Experience

Overall Impressions

Lawyers I Know

Even lawyers don’t like lawyers

Dissatisfied with life19%

Would not become lawyers again24%

Do not desire to remain in law practice 46%

Felt lonely/remote from others42%

Consume 3-5 alcoholic beverages a day16%

are unhappy with their careers

Lawyers say that they…

wouldn’t become lawyers again

wouldn’t advise others to become lawyers

hope to leave practice of law

I am no longer comfortable working for a group largely populated by gossips, backstabbers and Napoleonic personalities.

In fact, I dare say that I would rather be dressed up like a piñata and beaten than remain with this group any longer.

I wish you continued success in your goals to turn vibrant, productive, dedicated associates into an aimless, shambling group of dry, lifeless husks.

Part TwoWhat is professionalism?

Take 5 minutes and think of an example of unprofessional behavior that you have experienced.

Pessimistic

CynicalLiarsUptight

VainStubborn

UnreasonableConceited

Dispassionate

Poor Social Skills

Out of Touch

ControllingBossy

UnhappyOverbearing

Don’t return calls

Egotistical

ABA Commission Report (1986)

Social changes of the 50s, 60s + 70s

Rise in number of attorneys

Younger Bar

Kinship among specialists > bar as whole

Technology

Expense of litigation

What does professionalism

“We know what it is, we just can’t

describe it.”

+ Ethics/integrity+ Competence/independence+ Meaningful CLE+ Civility+ Obligations to justice

system and rule of law+ Pro bono

Jerome J. Shestack(ABA)

Chief Justice Veasey(Delaware)

“Trouble Spots”+ Rambo tactics+ Gouging on windfall fees+ Misleading advertising+ Frivolous motions+ Handling matters beyond

capability+ Disingenuous dealings

“Ethics is that which is required and

professionalism is that which is expected.”

Georgia Supreme Court

__________________________________________________________

Professionalism

Ethics

Howbadis it?

Commission on Professionalism

To promote professionalism among attorneys

+Monitor + coordinate professionalism in courts, bar associations + law schools+Develop educational materials

A Lawyer’s CreedA Lawyer’s Creed

Aspirational Ideals

Lawyers’ primary obligations are to the institutions of law and

the betterment of society

In the end, it’s simple…

don’t be a jerk

Part ThreeWhy should we care?

To Opposing Party

You are a sh*! head PhD

To Judge

You are a marginal incompetent

To Opposing Counsel

[insert obscenities here]

Court’s Response

Part of the role of an attorney is to remove

himself from the emotions of the moment

Part 3: Our Role

Part FourOur role

Why did you want to be a lawyer?

AttentiveFairRespect

Good WriterOrator

Open-minded

PerspectiveProactive

Thoughtful

Logical

Detail-Oriented

ControlledSmart

HonestHard Working

Focused

Considerate

CBA Survey 500 non-lawyers polled

Most Favorable Things Lawyers Do?

Help people41%

17%Protect Rights

21%Provide good representation

12%Uphold Justice

“What is, however, surprising and unsettling is how reluctant

attorneys have been to address conditions of practice over which

they have control. “

What would improve your impression of lawyers?

Communicate more honestly with clients

More fully explain fees to clients

Review local rules

Arrive on timeCooperate on scheduling

Be preparedBe courteous and civil

Go off the record if necessary

Disconnect devices

Don’tDepose to burden/harass

Coach the deponentInstruct witness not to answer

Beat opponent to the punchBe rude or degrading

Be prepared

Arrive on timeDress appropriately

Stand when addressing judgesBe accurate

Stipulate to facts not in dispute

Disable electronic devices

Don’tAd hominem attacks

React negatively or display angerInterrupt

“You’ve committed reversible error”Move freely without consent

Ohio tips on our handout

Are standards of professionalism

learned behaviors?

Be part of the solution

Mind your mannersCooperateBe reasonable

MentorUse available resources

So . . .

Part 3: Our Role

Litany of Charges

1. C.I.

Armengaurepresents C.I.

C.I. has evidence

against 2 others

C.I. plea agreement,

“fully cooperate”

Armengausigns the 2

others as clients

Armengaueventually removed

1.7 – Conflict of Interest

1.9 – Duties to Former Clients

3.3 – Candor toward the tribunal

1.3 - Diligence

2. Pack

Armengaurepresents Pack

(possession)

Also represents Stephenson (passenger)

Stephenson indicted for

murder

Pack has evidence against

Stephenson

Armengaueventually removed

1.3 - Diligence

3. Martin

Armengaurepresents

Martin

Martin sentenced to 10

Armengau files for judicial

release

Application untimely

(frivolous)

Armengaudoesn’t return

1.3 - Diligence

4. Maschke

Armengaurepresents Maschke

$15,000 flat fee to appeal

Armengau fails to file transcript

Appeal dismissed

Armengaudoesn’t return

1.3 – Diligence

1.4 – Communication

1.5 – Clearly excessive fee

1.1 - Competence

5. Money

Commingled personal & IOLTA funds

Misappropriated client funds

Non-client funds to keep IOLTA afloat

Didn’t give clients refunds

Didn’t maintain ledgers

1.3 – Diligence

1.15 – Client funds

8.4 - Dishonesty

1.1 - Competence

6. Ads

“Armengau & Associates” “Specialization”

Lists other states of practice

Didn’t give clients refunds

Didn’t maintain ledgers

7.5 – Firm name/letterhead

7.4(e) - Specialty

7. Indictment

Sexual assault Kidnapping Gross indecency

Gross sexual imposition Rape

7.2 – gifts to clients

8.4 – illegal acts

8.4 – Dishonesty/fitness

1.7 - conflict

8. Professionalism

“you will end up rotting in

prison”“What you say

means nothing”“You are a very

dishonest person”

“You’re going to sink like the

Titanic”“Have a

wonderful day”

Part 3: Our Role

Procedural History

Order of Proceedings

1 Indictment

2 CBA Proceeding

4 Felony Suspension

3 Conviction

Thank You!

Jason H. Beehlerjbeehler@keglerbrown.com614.462.5452 ohiolegalethics.com