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Description: Just in time for Halloween, Ethics Nightmares returns to the MBA. Join Attorney Andrew Franklin as he guides you through a trail of shocking and absurd lapses in judgment. Prepare for an engaging and occasionally humorous look at the practice of law.
Attendees will become familiar with ethical principles and the program will deliver a review of:
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Stakeholders to the legal system
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Rules of Professional Conduct (Chapter 20 SCR)
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Wisconsin OLR statistics
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Case Law
Agenda:
PART I – Approaches to Ethics 1-1:50pm
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Introduction
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Update on the Status of Discipline in Wisconsin
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Review of OLR Annual Report for FY 2017-18
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Approaches to Understanding Legal Ethics
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Standards and Norms of Ethical Behavior
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A Stakeholder Approach to Legal Ethics
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Stakeholders in Attorney Client Relationships
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Identify those impacted by attorney misconduct
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Spotlight on Rights of Victims and Third Parties
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Methodology for Approaching Ethical Decisions
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Overview of Discussion Questions Common to Cases:
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Who are the stakeholders, and how are they implicated by the behavior?
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What rules are implicated?
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How to prevent similar circumstances
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What are the aggravating and mitigating factors of each case?
PART II – Cases 2-2:50pm; 3-3:50pm
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Oh, Canada!
Law Society of Ontario v. Weinles, 2018 ONLSTH 105 (Canada)
Attorney disciplined for false advertisement by use of adjective “Golden” in description and in website, reference to “Team”.
Issue: Canada Professional Rule 4.2-1
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Blame Mom
In re: Donald Paul Rosen 12 PR 0088 (Illinois0
Attorney engaged in misconduct including misappropriation made false statements to clients and police, and tried to blame theft/misappropriation on his 82 year old mother.
Siu Ching Ha v. Baumgart Café 15-5530 (New Jersey 2018)
Attorney claims she missed filing deadline due to family emergency in mexico city, however, her Instagram account begs to differ, reflects she was in NY at the time. Received $10,000 in sanctions from judge.
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Renegotiation of Contract for Professional Services
NC Bar v. Stella 18 DHC 28 (North Carolina)
Attorney hires prostitute, agrees to sex act to be performed, gets into contract dispute about amount owed, then makes false report to police claiming he was the victim of a robbery and sexual assault.
Rule 8.4(b), (c), (d)
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Gotta Boogie
Florida Bar v. Robert Joseph Ratiner (Florida 2018)
Respondent Attorney with history of obnoxious behavior disbarred.
Florida Bar Rule 3-4.3, 4-3.5(c), 4-4.4(a), 8.4(a), 8.4(d)
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Listening In
In the matter of Robert Neary (Indiana 2017)
Assistant District Attorney has a habit of listening in on attorney client communications. Two instances lead to 4 year suspension.
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Make Homophobia Great Again
State of Michigan Atty Discipline Board (Michigan, 2018)
Attorney appeals decision disbarring him after Trump wins presidency. Decision affirmed. Underlying facts are that Assistant Attorney General for Michigan learned of election of gay student to student council presidency at University of Michigan and engages in vicious campaign of harassment and insults.
MRPC 3.1, 6.5, 8.4a, 9.104(4), 8.4(b), (c), 9.104(1), (2), (3)
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Caught on Tape
Cleveland Metro. Bar Assn. v. Moody, Slip Opinion No. 2018-Ohio-4071
Attorney Caught on Tape Bragging about ignoring counsel’s discovery requests and calling her insulting names.
Indefinite suspension.
Issues: diligence, dishonesty, counseling a witness to lie.
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Road Rage
Columbus Bar Assn. v. Okuley, Slip Opinion No. 2018-Ohio-3857
Attorney causes accident with bicyclist, provokes physical altercation with eyewitness, and lying about facts to law enforcement
Rules 3.4(a), (c), 8.4(c), (d)
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Chest Bump
IN RE: FELIX ANTHONY DEJEAN IV NUMBER: 16-DB-069 (Louisiana)
Attorney chest bumps district attorney after conference in chambers.
Rules 8.4(b), 8.4(d)
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A Whole Lotta Bull
US v. Bradley Pistotnik and David Dorsett (Kansas)
Wichita Attorney who rides bull in commercial directed SW engineer to attack review sites.
Charged with Fraud in Connection with Computers, 18 USC 1030a7A and 2, conspiracy, false statements
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New York, New York
Matter of Webber, 2018 BL 246098, NY App Div 2017-13064 (7/11/18)
Lawyer Suspended for False Advertising by putting logo of school he didn’t attend on his website; also incompetence in underlying bankruptcies.
Rules: 1.1a, 1.3a, 1.3b, 1.4a1-4, 3.4c, 7.1(a), (e), and (f), 8.4a, 8.4d
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Flashdance
In the matter of discipline of James Pengilly (Nevada)
Attorney flashes gun during deposition
Nevada Bar Rule 8.4d
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Nigerian Prisoner Scam
In the Matter of Ephraim C. Ugwuonye, 10-BD-104 (Maryland, 2018)
Attorney claims he cannot participate in oral argument of existing discipline case due to police arrest in Nigeria.
Rule 1.4(b), 1.15(a), (b), (d),
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So I Married an Axe Murderer
In the Matter of Fronse W. Smith, Jr. (Indiana, 2018)
Respondent Attorney threatens wife with Axe.
Rule 8.4(b)
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Revenge of the Nerd
Disciplinary Counsel v. Skolnick, 153 Ohio St. 3d 283 (2018)-Ohio-2990
Verbally abusive attorney makes demeaning sexual, racial jokes about staff
Rule 8.4(h)
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Attorney appears at Bar before appearing before Bar
In the Matter of Justin Holstin, Docket 20382 (Kansas 2018)
4 disciplinary complaints pending, attorney under influence at hearing panel.
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Judge Fakes Performance Reviews
In re Paul s. Moore, JC-17-042 (New Hampshire)
Judge submits fake evaluations in anticipation of NH Bar Association bar evaluation
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Judge Fakes Schedule
In re the Hon. John Patrick Contini (Fl. 2018)
Judge advised clerk to create dockets of fictitious cases in order to facilitate his absence from the courthouse while creating impression he was in the courthouse.
As of July 23rd had been absent 30 days from work.
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Bomb Threat
MATTER OF JACQUELINE B. JONES, A SUSPENDED ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE FIFTH JUDICIAL DISTRICT, PETITIONER (NY 2018)
One year suspension for calling in bomb threat to courthouse daycare center to get out of hearing.
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Bombs Away
In the matter of Brian K Telfair, (VA 2018)
Lawyer Phones Threat to Himself. Admits on stand he made threat, appeals case.
90 day suspension
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“Screwing Banks since 1992”
In the matter of Brett Welke (Indiana 2016).
Attorney disciplined for inappropriate advertisement for bankruptcy practice. 30 day suspension from the practice of law.
Rule 7.1
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Attorney Robs Bank to pay off Disciplinary Judgment
Idaho v. Richard Kriger (2014)
Attorney used settlement funds of client for his own living expenses; after accruing $50K judgment, decides to rob a bank to pay it off.
Rules 8.4(c), d
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Hijacking Clients
Review of cases utilizing internet search tags to draw business from competitors.
Rules 7.1(a) and 8.4(c)
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Prohibition against offering unsolicited legal advice
NJ V Michael Rychel (2018)
Attorney reprimanded for failure to treat with courtesy for crass suggestion to head of ethics agency investigating him.
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More Colorful Commentary
Matter of Georgini 2018 NY Slip Op 06708
Attorney wrote vulgar criticisms of case to judge
Issues: undignified/discourteous conduct degrading to a tribunal, conduct prejudicial to administration of justice and other conduct reflecting adversely.
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Character and fitness
In re Application of Baldwin 2018-Ohio-4077
Candidate cheated in law school. Course had open-book take home exam. She shared her answers to at least three questions at request of another student, whose computer failed; then lied to school when similarities were shown.
Rules: false and deceptive statements, lack of candor.
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King James
In re Leicester B. Stovell, Respondent, NO. 18-BG-115
Attorney disbarred who once claimed paternity of Lebrown James then sued for defamation when James claimed his dad was never around.
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Candid Camera
Disciplinary Counsel v. Benbow, 153 Ohio St. 3d 350, 2018-Ohio-2705 (2018)
Attorney caught on courthouse camera engaging in sexual activity with a client
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Conclusion, Wrap-Up and Final Questions
| Practice Areas: | | Ethics & Professional Responsibility | | Online Media Type: | | Video | | Production Date: | | 10/26/2018 2:00 PM EDT | | Level: | | Intermediate | | Category: | | Standard | | Duration: | | 3 Hours, 0 Minutes | | Online Format: | | Live | | Course Type: | | Public |
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| • | Atty. Andrew Franklin - Adjunct Faculty, Cardinal Stritch University |
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