104
z Professionalism + Ethics presented by Jason Beehler
| Date post: | 21-Apr-2017 |
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Professionalism + Ethics
presented by Jason Beehler
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How?
2
What?
Why?
Our Role
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Part OneHow did we get here?
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AttentiveFairRespect
Good WriterOrator
Open-minded
PerspectiveProactive
Thoughtful
Logical
Detail-Oriented
Just
ControlledSmart
HonestHard Working
Focused
Considerate
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French thinker
1831-32
“Democracy in America”
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“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.”
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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.”
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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.
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CBA Survey 500 non-lawyers polled
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Public Opinion of Lawyers
Make Too MuchGreedyCaringEthicalHonest
Put Clients 1stSolve Problems
Smart
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More interested in making money than serving clients?
Agree/Strongly agree47%
Disagree/Strongly disagree
41%
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Lack fundamental integrity?
Agree/Strongly agree19%
Disagree/Strongly disagree
60%
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Use complicated language most people cannot
understand?
Agree/Strongly agree60%
Disagree/Strongly disagree
33%
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Arrogant?
Agree/Strongly agree40%
Disagree/Strongly disagree
45%
No opinion15%
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Only available for rich people?
Agree/Strongly agree48%
Disagree/Strongly disagree
38%
No opinion14%
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Source of Opinion
News + Media
Don't Know
Friend's Experience
Overall Impressions
Lawyers I Know
TV
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Even lawyers don’t like lawyers
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Dissatisfied with life19%
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Would not become lawyers again24%
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Do not desire to remain in law practice 46%
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Felt lonely/remote from others42%
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Consume 3-5 alcoholic beverages a day16%
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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
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I am no longer comfortable working for a group largely populated by gossips, backstabbers and Napoleonic personalities.
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In fact, I dare say that I would rather be dressed up like a piñata and beaten than remain with this group any longer.
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I wish you continued success in your goals to turn vibrant, productive, dedicated associates into an aimless, shambling group of dry, lifeless husks.
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Part TwoWhat is professionalism?
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Take 5 minutes and think of an example of unprofessional behavior that you have experienced.
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Pessimistic
CynicalLiarsUptight
VainStubborn
UnreasonableConceited
Dispassionate
Poor Social Skills
Out of Touch
Mean
ControllingBossy
UnhappyOverbearing
Don’t return calls
Egotistical
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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
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What does professionalism
mean?
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“We know what it is, we just can’t
describe it.”
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+ Ethics/integrity+ Competence/independence+ Meaningful CLE+ Civility+ Obligations to justice
system and rule of law+ Pro bono
Jerome J. Shestack(ABA)
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Chief Justice Veasey(Delaware)
“Trouble Spots”+ Rambo tactics+ Gouging on windfall fees+ Misleading advertising+ Frivolous motions+ Handling matters beyond
capability+ Disingenuous dealings
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“Ethics is that which is required and
professionalism is that which is expected.”
Georgia Supreme Court
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__________________________________________________________
__________________________________________________________
Professionalism
Ethics
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Howbadis it?
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1992
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Commission on Professionalism
To promote professionalism among attorneys
+Monitor + coordinate professionalism in courts, bar associations + law schools+Develop educational materials
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1997
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A Lawyer’s CreedA Lawyer’s Creed
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Aspirational Ideals
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Lawyers’ primary obligations are to the institutions of law and
the betterment of society
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In the end, it’s simple…
don’t be a jerk
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Part ThreeWhy should we care?
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To Opposing Party
You are a sh*! head PhD
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To Judge
You are a marginal incompetent
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To Opposing Counsel
[insert obscenities here]
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Court’s Response
Part of the role of an attorney is to remove
himself from the emotions of the moment
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Part 3: Our Role
Part FourOur role
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Why did you want to be a lawyer?
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AttentiveFairRespect
Good WriterOrator
Open-minded
PerspectiveProactive
Thoughtful
Logical
Detail-Oriented
Just
ControlledSmart
HonestHard Working
Focused
Considerate
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CBA Survey 500 non-lawyers polled
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Most Favorable Things Lawyers Do?
Help people41%
17%Protect Rights
21%Provide good representation
12%Uphold Justice
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“What is, however, surprising and unsettling is how reluctant
attorneys have been to address conditions of practice over which
they have control. “
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What would improve your impression of lawyers?
Communicate more honestly with clients
89%
More fully explain fees to clients
85%
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Do
Review local rules
Arrive on timeCooperate on scheduling
Be preparedBe courteous and civil
Go off the record if necessary
Disconnect devices
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Don’tDepose to burden/harass
Coach the deponentInstruct witness not to answer
Beat opponent to the punchBe rude or degrading
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Do
Be prepared
Arrive on timeDress appropriately
Stand when addressing judgesBe accurate
Stipulate to facts not in dispute
Disable electronic devices
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Don’tAd hominem attacks
React negatively or display angerInterrupt
“You’ve committed reversible error”Move freely without consent
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Ohio tips on our handout
Are standards of professionalism
learned behaviors?
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Be part of the solution
Mind your mannersCooperateBe reasonable
MentorUse available resources
So . . .
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Part 3: Our Role
Litany of Charges
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1. C.I.
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Armengaurepresents C.I.
C.I. has evidence
against 2 others
C.I. plea agreement,
“fully cooperate”
Armengausigns the 2
others as clients
Armengaueventually removed
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1.7 – Conflict of Interest
1.9 – Duties to Former Clients
3.3 – Candor toward the tribunal
1.3 - Diligence
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2. Pack
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Armengaurepresents Pack
(possession)
Also represents Stephenson (passenger)
Stephenson indicted for
murder
Pack has evidence against
Stephenson
Armengaueventually removed
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1.7 – Conflict of Interest
1.9 – Duties to Former Clients
3.3 – Candor toward the tribunal
1.3 - Diligence
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3. Martin
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Armengaurepresents
Martin
Martin sentenced to 10
years
Armengau files for judicial
release
Application untimely
(frivolous)
Armengaudoesn’t return
fee
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1.7 – Conflict of Interest
1.9 – Duties to Former Clients
3.3 – Candor toward the tribunal
1.3 - Diligence
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4. Maschke
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Armengaurepresents Maschke
$15,000 flat fee to appeal
Armengau fails to file transcript
Appeal dismissed
Armengaudoesn’t return
fee
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1.3 – Diligence
1.4 – Communication
1.5 – Clearly excessive fee
1.1 - Competence
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5. Money
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Commingled personal & IOLTA funds
Misappropriated client funds
Non-client funds to keep IOLTA afloat
Didn’t give clients refunds
Didn’t maintain ledgers
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1.3 – Diligence
1.15 – Client funds
8.4 - Dishonesty
1.1 - Competence
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6. Ads
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“Armengau & Associates” “Specialization”
Lists other states of practice
Didn’t give clients refunds
Didn’t maintain ledgers
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7.5 – Firm name/letterhead
7.4(e) - Specialty
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7. Indictment
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Sexual assault Kidnapping Gross indecency
Gross sexual imposition Rape
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7.2 – gifts to clients
8.4 – illegal acts
8.4 – Dishonesty/fitness
1.7 - conflict
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8. Professionalism
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“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”
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Part 3: Our Role
Procedural History
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Order of Proceedings
1 Indictment
2 CBA Proceeding
4 Felony Suspension
3 Conviction
