Professionalism + Ethics
•
4 likes•771 views
"Professionalism + Ethics" was presented by Jason Beehler on October 30, 2015, in Tuscarawas County. Jason discussed the ins and outs of professionalism and ethics to fellow attorneys.
Recommended
More Related Content
What's hot
What's hot (20)
Viewers also liked
Viewers also liked (20)
Similar to Professionalism + Ethics
Similar to Professionalism + Ethics (19)
More from Kegler Brown Hill + Ritter
More from Kegler Brown Hill + Ritter (20)
Recently uploaded
Recently uploaded (20)
Professionalism + Ethics
- 1. z Professionalism + Ethics presented by Jason Beehler
- 2. zz
- 4. zz Part One How did we get here?
- 6. zz
- 7. zz French thinker 1831-32 “Democracy in America”
- 8. zz “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.”
- 9. zz 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.”
- 10. zz 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.
- 11. zz
- 12. zz
- 13. zz CBA Survey 500 non-lawyers polled
- 14. zz Public Opinion of Lawyers Make Too Much Greedy Caring Ethical Honest Put Clients 1st Solve Problems Smart
- 15. zz More interested in making money than serving clients? Agree/Strongly agree47% Disagree/ Strongly disagree 41%
- 16. zz Lack fundamental integrity? Agree/Strongly agree19% Disagree/ Strongly disagree 60%
- 17. zz Use complicated language most people cannot understand? Agree/Strongly agree60% Disagree/ Strongly disagree 33%
- 19. zz Only available for rich people? Agree/Strongly agree48% Disagree/ Strongly disagree 38% No opinion14%
- 20. zz Source of Opinion News + Media Don't Know Friend's Experience Overall Impressions Lawyers I Know TV
- 21. zz Even lawyers don’t like lawyers
- 23. zz Would not become lawyers again24%
- 24. zz Do not desire to remain in law practice46%
- 26. zz Consume 3-5 alcoholic beverages a day16%
- 27. zz 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
- 28. zz I am no longer comfortable working for a group largely populated by gossips, backstabbers and Napoleonic personalities.
- 29. zz In fact, I dare say that I would rather be dressed up like a piñata and beaten than remain with this group any longer.
- 30. zz I wish you continued success in your goals to turn vibrant, productive, dedicated associates into an aimless, shambling group of dry, lifeless husks.
- 31. zz
- 32. zz Part Two What is professionalism?
- 33. zz Take 5 minutes and think of an example of unprofessional behavior that you have experienced.
- 34. zz Pessimistic CynicalLiars Uptight Vain Stubborn Unreasonable Conceited Dispassionate Poor Social Skills Out of Touch Mean Controlling Bossy Unhappy Overbearing Don’t return calls Egotistical
- 35. zz 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
- 37. zz “We know what it is, we just can’t describe it.”
- 38. zz + Ethics/integrity + Competence/independence + Meaningful CLE + Civility + Obligations to justice system and rule of law + Pro bono Jerome J. Shestack (ABA)
- 39. zz Chief Justice Veasey (Delaware) “Trouble Spots” + Rambo tactics + Gouging on windfall fees + Misleading advertising + Frivolous motions + Handling matters beyond capability + Disingenuous dealings
- 40. zz “Ethics is that which is required and professionalism is that which is expected.” Georgia Supreme Court
- 43. zz
- 44. zz
- 45. zz 1992
- 46. zz Commission on Professionalism To promote professionalism among attorneys +Monitor + coordinate professionalism in courts, bar associations + law schools +Develop educational materials
- 47. zz 1997
- 48. zz A Lawyer’s CreedA Lawyer’s Creed
- 50. zz Lawyers’ primary obligations are to the institutions of law and the betterment of society
- 51. zz In the end, it’s simple… don’t be a jerk
- 52. zz Part Three Why should we care?
- 53. zz To Opposing Party You are a sh*! head PhD
- 54. zz To Judge You are a marginal incompetent
- 55. zz To Opposing Counsel [insert obscenities here]
- 56. zz Court’s Response Part of the role of an attorney is to remove himself from the emotions of the moment
- 57. zz
- 58. zz
- 59. zz
- 60. zz Part 3: Our Role Part Four Our role
- 61. zz Why did you want to be a lawyer?
- 63. zz CBA Survey 500 non-lawyers polled
- 64. zz Most Favorable Things Lawyers Do? Help people 41% 17% Protect Rights 21% Provide good representation 12% Uphold Justice
- 65. z
- 66. zz “What is, however, surprising and unsettling is how reluctant attorneys have been to address conditions of practice over which they have control.“
- 67. zz What would improve your impression of lawyers? Communicate more honestly with clients 89% More fully explain fees to clients 85%
- 68. zz Do Review local rules Arrive on time Cooperate on scheduling Be prepared Be courteous and civil Go off the record if necessary Disconnect devices
- 69. zz Don’t Depose to burden/harass Coach the deponent Instruct witness not to answer Beat opponent to the punch Be rude or degrading
- 70. zz Do Be prepared Arrive on time Dress appropriately Stand when addressing judges Be accurate Stipulate to facts not in dispute Disable electronic devices
- 71. zz Don’t Ad hominem attacks React negatively or display anger Interrupt “You’ve committed reversible error” Move freely without consent
- 72. z
- 73. zz Ohio tips on our handout Are standards of professionalism learned behaviors?
- 74. zz Be part of the solution Mind your manners Cooperate Be reasonable Mentor Use available resources So ...
- 75. zz
- 76. zz
- 77. zz Part 3: Our Role Litany of Charges
- 78. zz 1. C.I.
- 79. zz Armengau represents C.I. C.I. has evidence against 2 others C.I. plea agreement, “fully cooperate” Armengau signs the 2 others as clients Armengau eventually removed
- 80. zz 1.7 – Conflict of Interest 1.9 – Duties to Former Clients 3.3 – Candor toward the tribunal 1.3 - Diligence
- 81. zz 2. Pack
- 82. zz Armengau represents Pack (possession) Also represents Stephenson (passenger) Stephenson indicted for murder Pack has evidence against Stephenson Armengau eventually removed
- 83. zz 1.7 – Conflict of Interest 1.9 – Duties to Former Clients 3.3 – Candor toward the tribunal 1.3 - Diligence
- 84. zz 3. Martin
- 85. zz Armengau represents Martin Martin sentenced to 10 years Armengau files for judicial release Application untimely (frivolous) Armengau doesn’t return fee
- 86. zz 1.7 – Conflict of Interest 1.9 – Duties to Former Clients 3.3 – Candor toward the tribunal 1.3 - Diligence
- 87. zz 4. Maschke
- 88. zz Armengau represents Maschke $15,000 flat fee to appeal Armengau fails to file transcript Appeal dismissed Armengau doesn’t return fee
- 89. zz 1.3 – Diligence 1.4 – Communication 1.5 – Clearly excessive fee 1.1 - Competence
- 90. zz 5. Money
- 91. zz Commingled personal & IOLTA funds Misappropriated client funds Non-client funds to keep IOLTA afloat Didn’t give clients refunds Didn’t maintain ledgers
- 92. zz 1.3 – Diligence 1.15 – Client funds 8.4 - Dishonesty 1.1 - Competence
- 93. zz 6. Ads
- 94. zz “Armengau & Associates” “Specialization” Lists other states of practice Didn’t give clients refunds Didn’t maintain ledgers
- 95. zz 7.5 – Firm name/letterhead 7.4(e) - Specialty
- 96. zz 7. Indictment
- 97. zz Sexual assault Kidnapping Gross indecency Gross sexual imposition Rape
- 98. zz 7.2 – gifts to clients 8.4 – illegal acts 8.4 – Dishonesty/fitness 1.7 - conflict
- 100. zz “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”
- 101. zz
- 102. zz Part 3: Our Role Procedural History
- 103. zz Order of Proceedings 1 Indictment 2 CBA Proceeding 4 Felony Suspension 3 Conviction
- 104. zz Thank You! Jason H. Beehler jbeehler@keglerbrown.com 614.462.5452 ohiolegalethics.com