How not to practice law: commit voter fraud

A Trump supporter lawyer who was convicted of two counts of election fraud, based upon evidence establishing that he had voted in both Florida and in Ohio in the 2020 presidential election as well as in the 2022 general election and who was later suspended from the practice of law in both Ohio and Florida, was more recently disbarred in New York.  For more on the case, go to the Legal Profession Blog here.

Should the lawyers who plead guilty in cases related to election fraud be disciplined despite their plea agreements saying their crimes did not involve "moral turpitude"?

 If you have been paying attention to the news, you know by now that three lawyers have pled guilty in the RICO case in Georgia claiming that 19 defendants participated in an attempt to overturn the results of the last presidential election.  One of these - perhaps the lesser known of them - was Jenna Ellis who worked with Rudy Giuliani to press state legislatures to overturn the 2020 election results.  (The others are Sydney Powell, and Ken Chesebro).  

Ellis is an interesting figure in all this.  Earlier this year she admitted to having lied about the elections in order to avoid harsher discipline in Colorado but then promptly proceeded to lie about it in the media. (See here.)  And she has flipped-flopped about her opinion on Trump several times.  And now, she tearfully admitted to the charges in Georgia.  But she has no credibility when she says she regrets her conduct.

I am writing about this today to comment on the fact that the plea bargain agreements related to these lawyers have included explicit statements that the district attorney does not consider the crimes to be "of moral turpitude."  

Aside from the fact that I have never truly understood the concept of moral turpitude and how it is applied by courts and disciplinary agencies (go here and scroll down for my comments on this over the years), the specific use of this language in the bargaining agreements is meant to help the lawyers keep their law licenses despite their convictions.

I understand that this was probably a condition negotiated by the parties in order to get the defendants to  plead guilty and to cooperate with the prosecution.  Yet, I wonder how necessary it was to get that result.  

And, more importantly, I disagree with the suggestion that the lawyers should be allowed to keep their licenses.  Thus, I hope that the appropriate disciplinary agencies do not feel they are obligated to allow them to do so.  It is important to understand that the Georgia DA and the judge in the case can say whatever they want about moral turpitude, but they cannot tell the disciplinary agencies in other jurisdictions how to regulate the practice of law in their jurisdictions nor who to admit or disbar.  

Thus, the fact that the plea agreement says the crime committed wat not one of moral turpitude should not be a bar for a local disciplinary agency to bring disciplinary procedures against a lawyer for having violated a rule like Model Rule 8.4(b) which ways it is misconduct to "commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects." 

All of these lawyers have violated this rule and should be properly disciplined for it.  Ellis not only violated the rule, she then lied about it to the media, thus violating another rule (about engaging in dishonest conduct).  

For coverage on the guilty plea by Jenna Ellis, you can check out the following:

Above the Law

Politico

MSNBC

NPR

The Hill

Jurist

Politico

How not to practice law: start dating a client and then help him murder his "ex"

Above the Law is reporting on a case in Oklahoma in which the state is seeking the death penalty for a lawyer.  The lawyer is accused of three counts of deliberate and intentional first-degree murder and one count of first-degree burglary in connection with the murders of the lawyer's client ex-girlfriend and her parents.  You can read the story here.

Another lawyer gets in trouble for nakedness

 A few days ago I posted a story about a lawyer who got in trouble for driving naked.  Today the story is about a lawyer who apparently has been consuming too much alcohol recently, and the most recent time it happened, well, you guessed it... she got naked in public and was arrested...  

Above the law has a comment on the case;  The ABA Journal has the story too.

How not to practice law: drive naked

The Legal Profession blog is reporting (here) that the Butler (Ohio) County Bar Association has recommended an indefinite suspension of an already-suspended attorney for a series of incidents of public indecency that included driving while nude.  The lawyer evidently suffers from a mental health issue (compulsion) that had driven him in the past to engage in inappropriate  sexual behavior.  The panel proposed a number of conditions for reinstatement.  

How not to practice law: videotape co-worker while she is undressing in the office

It has been a while since I have posted an entry into the "How not to practice law" series, a series of posts about incredibly stupid things that lawyers do.  Past examples include the "typical" showing up drunk, judge having someone deciding case for them, lying and so on.

Today's story involves a lawyer who had the bright idea to place a secret camera in a colleague's office so he could record her changing clothes.  When caught, he was indicted and charged with a felony, after which he pled guilty to a reduced charge.  Now he is facing disciplinary charges for violating Illinois Rule 8.4(b) (committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.)

You can read the disciplinary complaint here and a summary here.

All kidding aside, though, it is often the case that many of the stories in the "how not to practice law" series involve personal issues such as addiction, alcoholism, inability to control urges (whether based on greed or sexual desire) and so on.  That is troubling and sad, but lawyers need to know that their role requires professionalism, discipline and the ability to stay in control.  If you or someone you know has these types of issues, get help.  Bar associations have lawyer assistance programs or access to other alternative.  Everybody makes mistakes; but often those mistakes will cost lawyers their livelihood.

DC's strange concept of moral turpitude -- UPDATED

In Washington DC, disbarment is mandatory for convictions of crimes that involve moral turpitude, yet I continue to be baffled by Washington DC's concept of moral turpitude.  I have discussed cases that found no moral turpitude when a lawyer was convicted of murdering his wife (here), or of stealing property from a store for personal gain (here), or of felony traveling for the purpose of engaging in sex with a minor in a case in which the attorney had made a 12-year-old boy his sex slave for six years (here). Yet tampering with a witness was considered to involve moral turpitude (here). See here for more.

Adding to the list now we have a case in which an attorney who pleaded guilty to a misdemeanor violation of 22 D.C. Code section 3531(c), which makes it a crime to electronically record, without consent, a person using a bathroom or restroom or who is undressing or changing clothes.

According to the Legal Profession blog, Maryland recently disbarred an attorney who videotaped three tenants in intimate encounters.

In Washington DC, apparently this type of conduct is not considered to involve moral turpitude and resulted in only a three year suspension.

The Legal Profession Blog has more information on the case here.

For a short summary of the issues related to the concept of moral turpitude go here.

UPDATE (7/30/16):  The District of Columbia Board on Professional Responsibility has issued its long-awaited report in which it explains that it disagreed with a hearing committee recommendation and concluded that the attorney's crime involved moral turpitude.  The Legal Profession Blog has more details here.  The Board apparently stated this was "a difficult case."  I don't understand that.  To me this was an easy case, but as you know, I have long had reservations about DC's concept of moral turpitude, so what do I know...

Discipline for moral turpitude. What is moral turpitude?

I have commented before how the concept of "moral turpitude" is used inconsistently and how I am still confused as to what it really means.  About two weeks ago, Prof. Ronal Rotunda (Chapman) wrote an excellent short comment on the issue here.  He concludes that "the law may reject “moral turpitude” as a standard too vague to apply, yet some courts continue to apply it, even though those courts have adopted new rules that reject “moral turpitude” as the standard. Go figure." 

DC's strange concept of moral turpitude

In Washington DC if an attorney's conduct is found to involve "moral turpitude" disbarment is automatic.  The problem is that there is no clear definition of the concept of moral turpitude and the boards and courts continue to make very strange rulings on it.  For example, a few years ago the Board on Professional Responsibility concluded that a lawyer's conviction for murdering his wife did not establish moral turpitude (here), but this was later reversed.  Then there is the case of a lawyer who lied, cheated and stole property from a store for personal gain.  He was convicted for it, yet the DC Court of Appeals found that the conduct did not involve moral turpitude - even if it could be considered to be a "serious crime."  I wrote a long comment on that case here.  And finally, there is the case in which an attorney who was convicted of felony traveling for the purpose of engaging in sex with a minor was found not to have engaged in conduct involving moral turpitude. According to an account of the case, the attorney had made a 12-year-old boy his sex slave for six years and was convicted and sentenced to 15 years behind bars.  My comment on that one is here.

But not all is hope is lost.  While holding a child as a sex slave is not moral turpitude, it has been decided that tampering with a witness constitutes moral turpitude (here). And today comes news that a new opinion of the DC Court of Appeals has found that a conviction for obstruction of justice constitutes moral turpitude per se.  The Legal Profession blog has more on the case, including a comment on it from the Huffington Post here.

I guess I just don't understand the concept of moral turpitude.  It would seem to me that it has to mean something broader than interference with the judicial process, which seems to be what the DC decisions are limiting it to.

Washington DC's notion of moral turpitude apparently does not include holding a minor as a sex slave

If you are a long time reader of this blog, you know that I have asked before for an explanation as to the notion of moral turpitude in Washington DC.  Today I read about a new particularly disturbing case that raises the question again.  In the past, I commented on a case where it was determined that the conduct of a lawyer in lying, cheating and stealing money was not considered to be moral turpitude because it was not "dishonesty with intent for personal gain."  See here.  I could not understand how it could not be, but that was that.  Then there was the case where it was found that tampering with a witness was considered moral turpitude per se which resulted in disbarment (here).  OK.  I have not problem with disbarring an attorney that engages in that conduct, but is that really moral turpitude?

Today, however, the Legal Profession blog published a note about a case in which an attorney who was convicted of felony traveling for the purpose of engaging in sex with a minor was found not have engaged in conduct involving moral turpitude. According to an account of the case, the attorney had made a 12-year-old boy his sex slave for six years....he will spend the next 15 years behind bars. And this is not "moral turpitude" per se?

The Legal Profession blog reports that the disciplinary board's lawyer members (except one recusal and one not participating) concluded that the conduct did not constitute moral turpitude per se, and therefore that there should be a hearing to determine if it was moral turpitude under the circumstances.

What a waste of resources!  Someone please explain to me under what circumstances it can possibly be thought that traveling abroad to engage in sex with a minor, bringing the minor back to the US and then holding him as a sex slave could NOT be conduct involving moral turpitude.

The Board should have held that this was moral turpitude per se and disbarred the attorney.  Period.

The only non lawyer members of the Board dissented.  Good for them.

The Legal Profession blog has the full story here.

Yet another opinion from Washington DC on the concept of "moral turpitude"

In a new case, reported today in the Legal Profession blog, the District of Columbia Court of Appeals has concluded that a conviction for federal witness tampering involves moral turpitude per se and thus requires disbarment.  The case is called In re Walter Blair and it is available here.

As you may remember, this is not the first time I have mentioned the DC courts' view on what constitutes moral turpitude.  Last September I discussed a case from Washington DC interpreting the notion of moral turpitude in an attempt to decide the proper punishment for misconduct.  See here.  In that case, the Disciplinary Board, Bar Counsel and the courts disagreed on the proper sanction for an attorney who had engaged in conduct that involved moral turpitude. 

Former White House Aide suspended for one year only over definition of "moral turpitude" -- UPDATED

In March of 2010, I reported the story that appears below. The case was appealed and the Court of Appeals just announced its decision affirming the decision.  If you remember the original story, go to the bottom for the more recent update.


March 12, 2010:

The Blog of the Legal Times is reporting today that the D.C. Board on Professional Responsibility has recommended to the D.C. Court of Appeals that former White House aide Claude Allen, who pleaded guilty in 2006 to one misdemeanor count of theft of property, be suspended from the practice of law for one year.

Allen, who at one point was nominated by President Bush to the U.S. Court of Appeals for the Fourth Circuit, admitted that, on several occasions, he bought an item at a Target store and then later went back to the store with the receipt, pulled an identical item off the shelves, and used the receipt to “return” it, allowing him to keep the purchased item at no cost.

On these facts, the Board recommended a suspension because, according to its report, bar counsel "failed to prove moral turpitude." Had bar counsel proven moral turpitude, the lawyer would have been disbarred. According to the report, the Board stated that "Allen’s actions were “deceptive and dishonest”" but not enough to show moral turpitude.

I am sorry, I must be missing something.... Let's review,... so the guy goes to the store, lies, cheats and STEALS... repeatedly.... for kicks and giggles.... (I am guessing a White House aide, federal appeals court nominee does not really need a few things from Target that badly!).... and that is not moral turpitude?!?

I guess I have to review what 'moral turpitude' means....

Ok, so let's see... According to the BLT, the Board's report states that “Dishonesty is an important factor in analyzing whether criminal conduct rises to the level of moral turpitude, but not every criminal act of dishonesty involves moral turpitude . . . The key factor, the report says, is “dishonesty for personal gain.""

Hmm... Let me see if I get this.... go to Target, ...lie, ....cheat, ....steal, .... keep money..... "dishonesty for personal gain"?....... Yeah, sorry, ... still don't get it...

How is the conduct here not "dishonesty for personal gain"? Can someone explain this to me?

The guy is a convicted liar and a thief and you are telling me that his conduct is not evidence of dishonesty for personal gain!?

Is the Board saying that it is not so bad because the guy stole "only" about $800 or so.... So stealing is not so bad as long as it is not that much? Is that what you are telling me? Is that a lesson you'd like me to teach my 5 year old?

I think I have made my point. I hope the court disregards the recommendation and does the right thing here. This guy should be disbarred. Period. If he needs psychiatric help, get him help, do whatever, but don't allow him to represent people whose property, lives and money depend on him until he shows he can be trusted. Shame on the Board.

More on the story here.  You can find the Board's report through this link.

UPDATE:  September 8, 2011

More than a year since the decision of the DC Board on Professional Responsibility, the DC Court of Appeals has affirmed the decision and imposed a one year suspension.  On appeal, Bar Counsel had requested that the Court reject the Board's conclusion and order disbarment.  As I argued back when the Board's decision was issued, I agree with Bar Counsel.

But the Court did not agree, holding that a misdemeanor should never be considered, per se, a crime involving moral turpitude - even if it could be considered to be a "serious crime."  But that was not the end of the question.  Finding that the conduct did not involve moral turpitude per se, the court had to evaluate the specific facts of the case to determine if, under the circumstances, the conduct should be considered to have involved moral turpitude.  The court concluded that it did not.

Bar counsel argued that the conduct involved moral turpitude because it was intentional dishonesty for personal gain.  The court saw it slightly differently concluding that, although "it is clear that respondent committed an intentional act of dishonesty, . . . and because respondent kept the stolen items, he actually personally gained from the commission of the theft," the lawyer's actions "were not so much motivated by a desire for personal gain as by psychological disturbances."

I understand the court's reasoning, but I remain unconvinced, particularly when the Hearing Committee who heard the original evidence did not give credit to the testimony of the attorney's doctor whose opinion and diagnosis was described as imprecise and "changing" -- which I take to be a nice way of saying it was unconvincing to say the least.

Judge for yourself and let me know what you think....  The case is called In re Claude A. Allen and the opinion of the court is available here.

For more on the story go to the Blog of the Legal Times and the Legal Profession Blog.

Moral Turpitude?

I have heard colleages of mine complain that the concept of "moral turpitude" is not very clearly defined as a standard to determine if an attorney should be disciplined. Now comes news of a case that should add fuel to that fire.

The Legal Profession Blog reported yesterday that a District Of Columbia hearing committee held that a lawyer should be disbarred because he engaged in conduct involving "moral turpitude." What is interesting about the case is that this decision was actually a reversal because the Board on Professional Responsibility had concluded that the lawyer's conviction did not establish moral turpitude per se.

Now here are the facts of the case: the lawyer had come home angry about something relating to the Maryland or D.C. lottery. He then proceeded to shoot his wife in the head with a .32 caliber revolver. Fortunately, she survived and the lawyer was sentenced to 25 years in prison.

Now here is my take on this: do we really need to get into a debate as to what constitutes moral turpitude, have a committee issue an opinion, hold a hearing to have another commitee then issue a reversal all to conclude that a guy who shoots his wife in the head when he gets angry and is sentenced to served 25 years in prison should not be allowed to practice law?! I mean, c'mon people! He shot his wife in the head; he got convicted!! What more do you need to know?

Illinois slaps on the wrist for stealing. Bad example!

The Legal Profession Blog reports today that an Illinois hearing board concluded that a lawyer's license should be "monitored rather than revoked" in a case where the attorney stole money from his firm and then lied about it to the firm and during the disciplinary procedure. The attorney's explanation of the misconduct was that "we were behind on our bills and our house payment, and I just made a bad choice . . . That's why I did it."

So let me get this straight.... the guy is behind in his bills so he steals money from his firm; he admits to it and the board just gives him a two year suspension stayed after nine months with two years of probation. That's a gift to him and a bad example to the rest of us. I've said this before. I have no patience for people who steal money. He should have been disbarred on the spot. Period; end of story. How can you possible conclude that the lawyer "knowingly and intentionally . . . committed conversion" and then not disbar him?

Here is what the board said: "The misconduct committed by the Respondent was extremely serious. He intentionally converted funds belonging to the law firm where he was an associate attorney. Instead of turning over to the law firm, as he was required to do, certain funds he received in fees the Respondent deposited such funds into his own account and used the funds for his own purposes. The Supreme Court has stated that intentional conversion involves "moral turpitude," is a "grievous departure from an attorney's ethical obligations," and "places the entire legal profession in disrepute." [citations] The Court has also made it clear that every attorney, experienced or inexperienced, should understand the wrongfulness of taking funds belonging to another. [citations] Moreover, the Respondent was charged with and admitted twenty-one separate conversions of client fees belonging to the law firm during a one-year period. Thus, the seriousness of the Respondent's misconduct is enhanced because he engaged in a pattern of conversions."

The Board then went through a number of "aggravating circumstances" including the fact that he submitted false information to the law firm in order to carry out and conceal his scheme of converting the fees he received from the clients, that the testimony disclosed more conversions than those discussed in the disciplinary complaint and that he lied in his testimony before the board.

How can you possibly not recommend to disbar this guy?! Shame on the board. What message does this send? Go ahead and steal and lie about it; don't worry, we won't really be too hard on you as long as you have a good excuse. And we wonder why people hold lawyers and our disciplinary system in low esteem!

The opinion can be found here.