What If Lawyers Had Written the Ten Commandments?

_DSC4851Here’s a few clever quotes about the learned and noble profession of law:

1. Imagine the appeals, dissents and remands if lawyers had written the Ten Commandments.
Harold Bender, Theologian

2. LAWYER: A professional advocate hired to bend the law for a paying client; for this reason considered the most suitable background for entry into politics.
The Cynic’s Dictionary

3. In the Halls of Justice, the only justice is in the Halls.
Lenny Bruce, Comedian

4. My daddy is a movie actor and sometimes he plays the good guy and sometimes he plays the lawyer.
Actor Harrison Ford’s son

5. Lawyers are: Those who earn a living by the sweat of their brow-beating.
James Huneker, American composer and music critic

6. The ideal client is the very wealthy man in very great trouble.
John Sterling, British author

7. A lawyer is someone who writes a 10,000 word document and calls it a “brief”.
Franz Kafka, German novelist

8. He who has said “Talk is Cheap”, never hired a lawyer.
Author unknown

9. Lawyer’s Creed: A man is innocent until proven broke.
Author unknown

10. Be frank and explicit with your lawyer….It is her business to confuse the issue afterwards.
Author Unknown

11. Make crime pay. Become a Lawyer.
Will Rogers

12. I’m trusting in the Lord…and a good lawyer.
Oliver North

Is there anything nice anybody has ever said about lawyers? God Bless Abraham Lincoln:

“Discourage litigation. Persuade your neighbours to compromise whenever you can. As a peacemaker a lawyer has a superior opportunity of being a good person. There will still be business enough.”

Lawdiva aka Georgialee Lang

DISBARRED- The Series: Roy Cohn

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Roy Cohn was a Jewish lawyer from the Bronx who gained fame and later notoriety as chief counsel to Senator Joseph McCarthy in his investigation into Communist activities in the 1950′s. Son of a judge and graduate of Columbia Law School at the age of twenty, Cohn had to wait until he was twenty-one to begin his legal career as a prosecutor in the Department of Justice offices in Manhattan.

Cohn worked on the Alger Hiss trial, an American lawyer, accused of being a Soviet spy, and was on the team of prosecutors who obtained espionage convictions and the death penalty for Soviet spies Ethel and Julius Rosenberg in 1951. Cohn often told others that it was his cross-examination of Ethel Rosenberg’s brother that sealed the convictions. He also bragged that it was his personal recommendation to the judge that the death penalty be imposed on the Rosenberg’s.

In 1954 Edgar Hoover of the Federal Bureau of Investigation chose Roy Cohn over Robert Kennedy to act as chief counsel to Senator Joseph McCarthy, the decision apparently made to avert any accusations of anti-Semitism. Several years later McCarthy and Cohn were investigated for the zeal they employed in the McCarthy hearings, including their condemnation of both communist sympathizers and homosexuals. Cohn bore the brunt of the criticism, while McCarthy’s career lay in shambles.

Cohn left the Department of Justice and went into private practice for thirty years, acting for high-profile clients such as Donald Trump, Mafia figures Tony Salerno and John Gotti, Studio 54 owner Steven Rubell, the Roman Catholic Diocese in New York and the New York Yankees Baseball Club.

In the 1970′s and 80′s, federal investigators charged Cohn with professional misconduct, perjury, witness tampering and financial improprieties involving city contracts and private investments, but he was never convicted.

However, in 1986 a five member panel of the New York Supreme Court Appellate Division disbarred Roy Cohn for unethical conduct, misappropriation of client funds and pressuring a client to amend his will. The “will” incident happened in 1975 when Cohn attended upon a dying, comatose, multimillionaire client in hospital; lifted his hand, placed a pen in it and had him make a mark on a will that benefitted Cohn and his client’s granddaughter.

The official stripping of his license to practice law occurred in the last month of Cohn’s life in August 1986 at the age of 59. Mr. Cohn was diagnosed with AIDS in 1984 but kept his illness a secret. It was reported that Mr. Cohn’s goal was to die completely impecunious, owing money to the U.S. tax authorities. He apparently succeeded.

Roy Cohn’s life and legacy survives in today’s popular culture. In the award winning “Angels in America”, written by Tony Kushner, Cohn was played by actor Al Pacino as a hypocrite haunted by the image of Ethel Rosenberg as he lays dying from AIDS. Characters modeled after Roy Cohn have also appeared in The Simpson’s, The X-Files, a Kurt Vonnegut novel and a song written by New Yorker, Billy Joel.

Lawdiva aka Georgialee

Celebrities With Law Degrees

GEO CASUALLots of people have law degrees but never practice law, or they work as a lawyer for a short time and then start a new career. There are dozens of career politicians and writers who left the law to pursue other ambitions.

There are also well-known celebrities who obtained law degrees before they became actors, singers, TV personalities, or authors. Some of the more surprising include:

1. JERRY SPRINGER

Yes, the guy with the trashiest talk show on television graduated from Northwestern School of Law in Chicago, before he began his political career (Mayor of Cincinnati, Ohio) or became the number one news anchor in Cincinnati, winning ten Emmys. He has hosted a variety of other shows, including “America’s Got Talent” and is the subject of “Jerry Springer The Opera” which opened to good reviews in the United Kingdom, won Best Musical in London’s Westside and has been performed in the U.S., Canada and Australia. There is reportedly 8,000
obscenities in the show and it is rife with profanity.

2. JOHN CLEESE

Cleese, one of the funniest comedic actors, best known as part of the Monty Python troupe and the harried innkeeper at Fawlty Towers, obtained his law degree from Cambridge. His writing, directing, and acting credits are prolific. Fawlty Towers was named by the British Film Institute as one of Britain’s Top 100 British Television Shows.

He remains active with TV and film projects and in 2010 went on the road with his “Alimony Tour”, ostensibly to earn extra money after his expensive divorce from his second wife, who was a psychotherapist. In 2013 Cleese toured Canada with his “John Cleese: Last Time to See Me Alive” show, which played to sold-out audiences and critical acclaim.

3. ANDREA BOCELLI

Everyone’s favorite opera singer earned his law degree at the University of Pisa and practiced law for one year before he launched his extraordinary career in opera. Born with limited eyesight he lost his sight completely at the age of twelve. Bocelli has sold millions of records and performed all over the world. His early mentor was Luciano Pavarotti and Bocelli sang at Pavorotti’s second wedding and at his funeral.

In 2010 he received a Star on the Hollywood Walk of Fame, an honour that pales in comparison to the accolades he has received from numerous countries, but particularly his home country of Italy. He made his debut at the Metropolitan Opera in 2011 performing a recital of operatic arias. While popular with the public, opera critics have been less than kind to Mr. Bocelli, slamming his poor technique and shaky breath support.

4. JULIO INGLESIAS

Spanish singer Julio Inglesias, father of pop star Enrique Inglesias, attended law school in Madrid in the 1960′s. He has had a superlative career, producing 77 albums, recorded in 14 languages, selling over 300 million records.

His awards, honours and prizes are too many to list. According to Sony Entertainment, he is one of the top 30 recording artists in the world. In 2012 he performed a concert in Equatorial Guinea where tickets were sold for $1,000 each.

5. HOWARD COSELL

Legendary sports broadcaster Howard Cosell obtained his law degree from the New York University of Law and practiced as an employment/union lawyer in Manhattan. His clients included high-profile athletes including Willie Mays. Cosell was involved in Little League baseball and agreed to do a weekly radio show featuring these young athletes. He did the show for free for three years and then obtained a sponsor to entice ABC Radio to give him a sports talk show, which was the launching pad for his career as a sports journalist.

His relationship with Mohammed Ali brought him greater fame and fortune and he became a fixture on Monday Night Football.

Cosell was the first to admit he was arrogant and obnoxious and took pride in his nickname “the mouth that roared.” He died in 1995.

Lawdiva aka Georgialee Lang

Passionate Entreaties Against Trinity Law School Persuaded BC Lawyers

10950859361151CDPLet me recap the recent special meeting of the members of the Law Society of British Columbia, a meeting prompted by a motion from Victoria lawyer Michael Mulligan who sought to overturn the 20-7 decision of the governors (benchers) of the Law Society, who had approved the admission of future Trinity Law School students as articling students in B.C.

When the meeting began at 12:30 pm on June 10 Law Society President Jan Lindsay announced that just over 1,200 lawyers were present and a quorum was established. Family law lawyer barbara findlay (lower case is how she spells her name) moved the motion and made a passionate speech urging members to vote in favour of the motion.

Her speech was nothing short of brilliant as she referenced her struggles as a lesbian woman grappling with earlier laws that denied gays, lesbians and transgendered persons basic human rights. She did not mince words, she argued that during the time, not that many years ago, when homosexuality was labeled a mental illness, she had spent time in a mental institution, all because she was a lesbian.

Ms. findlay has been a friend and colleague of mine for many years. Recently when Canada passed laws permitting non-resident same-sex spouses to come to Canada to be divorced, if the American state they lived in would not divorce them and if they had married in Canada, she and I collaborated on several of the first cases to be heard in Canada. She had clients seeking this relief, as I did, and we compared professional notes in our efforts to serve our respective clients.

I don’t know if barbara knows I am a practicing Christian, but I know she knows that I would never skirt my duty to my clients or to the rule of law because of my religious beliefs. After all, the Bible tells us to “Render unto Caesar what is Caesar’s and render unto God what is God’s”, the ultimate statement on the intersection of Christianity and secular authority. When Jesus spoke these words the lawyers and Pharisees “marveled” at his wisdom.

Other lawyers speaking in favour of the motion also focused on the historical travesties visited upon gays and lesbians, one even referenced the Holocaust. A criminal lawyer told a tale of a gay client who stabbed a woman 99 times and linked it to his Pentecostal upbringing.

A bencher who had voted against Trinity published an article before the June 10 debate comparing the segregation of African-Americans in America’s southern states to his opinion of the inevitable result of Trinity’s community covenant which disallows sexual relations between unmarried spouses or married same-sex spouses.

Lawyers arguing against the motion, seeking to endorse the bencher’s earlier decision, could not match the often inflammatory rhetoric of their impassioned colleagues.

These lawyers argued the law. They reminded the members that B.C’s Human Rights Code specifically exempts religious groups. They confirmed that Canada’s Charter of Rights and Freedoms does not apply to a private educational institution, its purview of protection is against fundamentally unfair governmental action.

They relied on the Supreme Court of Canada’s earlier decision in Trinity Western University v. B.C. College of Teachers where the Teacher’s College tried to block Trinity-educated teachers from becoming members and teachers in B.C. and failed.

They implored their colleagues to recognize the myriad of legal opinions from some of Canada’s brightest legal minds, and the opinion of the British Columbia Civil Liberties Association, yes, even that bastion of liberal thinking, all of whom supported Trinity Western’s position.

There is an expression that is common amongst lawyers: “if the facts are against you, argue the law; if the law is against you, argue the facts”.

It seems that many of B.C.’s lawyers embraced the well-spun facts, and ignored the law.

Lawdiva aka Georgialee Lang

Lawyers Behaving Badly

49afd8240a58bf0fb97d4a86105572c1I’ve been told that sociopaths have three favorite occupations: practicing law, running large companies/CEO’s or holding government office/politicians! It’s a joke, but I’m sure more than a few people would agree. This week two “bad” lawyer articles came to my attention, thus my title “Lawyers Behaving Badly”.

The first is Fort Wayne Indiana lawyer James Allen Hanson, age 41, who in a fit of pique penned a Facebook message to the ex- husband of his matrimonial client, Nachole Mevis. Hanson was acting for her in respect of her divorce and in regards to an assault charge she faced where her former husband was the victim. It’s not clear why Mr. Hanson was so riled up, although media reports indicate his client was in jail for domestic assault. The message he sent read:

“You pissed off the wrong attorney. You want to beat up women and then play games with the legal system…well then you will get exactly what you deserve. After I get Nachole out of jail. I’m going to gather all the relevant evidence and then I’m going to anal rape you so hard your teeth come loose. I tried working with you with respect. Now I’m going to treat you like the pond scum you are. Watch your ass you little (expletive). I’ve got you in my sights now.”

Ms. Mevis’ former spouse, Chad Vice, contacted the police and attorney Jim Hanson was arrested and charged with felony intimidation, admitting that he sent the message to Mr. Vice while protesting that Mr. Vice gave as good as he got.

Meanwhile in Philadelphia Pennsylvania another lawyer came off the rails. Francis Malofiy brought a copyright infringement lawsuit against pop star, Usher, and nineteen other defendants in regards to Usher’s song, “Bad Girl”. In the course of representing his client, Dan Marino, Mr. Malofiy was described by trial judge Paul S. Diamond as “a paradigm of bad faith and intentional misconduct”, an unflattering portrait that was close to an understatement.

In a pretrial discovery/deposition of a certain witness, attorney Malofiy was deliberately abusive and obstructionist, making lengthy, baseless objections. He was also rude and sexist. In one exchange with defendant’s counsel he said “Don’t be a girl about this..” Opposing counsel responded “I would appreciate you not referring to me as a girl, which you have done repeatedly on the record and off the record.”

He continued to volley insulting and intimidating comments including:

“Counsel you’re defending thieves and you’re acting like somebody who should be hanging out with them at this point”

“You coached him to hell and the Judge came out and slammed you. Slammed you!”

“You’re like a little kid with your little mouth”

During one deposition Mr. Malofiy’s behavior prompted this response from the deponent:

“And for the record I’d like to say that I feel menaced and threatened by Mr. Malifiy and his continual outbursts and seemingly anger-driven conduct today.”

In a written submission to the court Mr. Malofiy addressed his argument “Response in Opposition Re: Joint Motion for Sanctions by Moving Defendants Who are Cry Babies.” The content of the argument included such brilliant points as “this is hogwash and claptrap”; “defence counsel are lying through their teeth”; “defence counsel is bizarre, off-kilter, absurd and professional complainers”.

Even worse than Malofiy’s abusive tongue, however, was his conduct in misleading an unrepresented defendant to believe he was merely a witness and was not being sued, behavior which drew the court’s most rigorous criticism. Mr. Malofiy defended himself by saying that he was a relatively unexperienced lawyer who needed a mentor to help him, protestations that were met with disdain from the court, who sanctioned him, leaving more stringent discipline, including disbarment, to be determined.

Two more reasons why lawyers are often branded as bullies!

Lawdiva aka Georgialee Lang

Update on Teen Who Sued Parents For Child Support

GEO#1Thankfully some common sense has been injected into the situation between New Jersey teen, Rachel Canning, and her parents, Sean and Elizabeth Canning. Rachel is the 18 year-old who didn’t like her parents’ house rules, moved in with a girlfriend, and ended up in a courtroom suing her parents, courtesy of her girlfriend’s father, a local Lincoln Park politician and….wait for it…..lawyer!

Rachel obtained a court order on March 5, 2014 that denied her the child support she was seeking, but set up a court process for the matter to proceed to trial with a pretrial hearing on April 22, 2014. It was reported that her benefactor, lawyer John Inglesino, has already spent $13,000 on legal fees on her behalf.

Judge Peter Bogaard’s order also included the suggestions that the parties be encouraged to explore the option of family counselling…no kidding?

Rachel’s lawsuit turned her into an international media pariah, savaged in the court of public opinion, a situation that greatly distressed her parents, who changed counsel after the original hearing.

It cannot be a coincidence that the Canning’s new lawyer, Angelo Sarno, announced yesterday that Rachel had returned home, much to her family’s joy. Mr. Sarno said “(This case) should never have been brought to the court’s attention. It should never have been brought to the public”.

However, after Rachel returned home, her lawyer, Tanya Helfand, ran into court seeking emergency orders to seal the court file and have a guardian appointed for Rachel, telling the court that Rachel was “pressured” to return home by her parents and was waiving her complaint with no promise of financial consideration.

Judge Bogaard denied Ms. Helfand’s application.

So what you have now appears to be a classic legal conundrum. On one side, a lawyer who supports his clients to leave the legal arena before the damage is so devastating there is no possibility of reconciliation between Rachel, her parents and her two younger sisters; matched with a lawyer who apparently wants to continue and even escalate the litigation.

I still don’t understand lawyers who ignore the future ramifications of court actions involving families…one of the reasons why family law matters need to be steered away from court and into mediation or arbitration, if no compromise can be reached.

Not surprisingly, lawyer Inglesino has also been the subject of derision for interfering with Rachel and her parents in a highly personal matter.

It looks like there is only one lawyer in this piece who is wearing a “white hat”…

Lawdiva aka Georgialee Lang

Train Wreck Courtney Love Back in Court To Defend Against Libellous Tweet

GAL & PAL #2jpgAh yes, Courtney Love, a young woman with so much promise. A talented musician and actress with Grammy nominations and a Golden Globe nomination for her role in the movie “The People v. Larry Flynt”, hampered by psychological ills and sporadic drug addiction.

These days media reports focus on her bad behavior, not her artistic endeavors. She is in the spotlight this week as she attends court in California defending a law suit brought against her by her former lawyer, Rhonda Holmes. She retained Ms. Holmes several years ago to assist her in litigation involving the estate of her former husband, Kurt Cobain, of the Seattle band Nirvana. He is better known today for his tragic suicide rather than his musical legacy.

Ms. Love, apparently unhappy with lawyer Holmes, tweeted that the lawyer had been “bought off”, a serious charge against a professional whose livelihood depends upon her reputation.

This is not the first time Ms. Love has spewed ignorant remarks over the internet. In 2009 she settled another law suit brought against her by fashion designer, Dawn Simorangkir. The designer created some couture designs for Ms. Love, and then found herself on the receiving end of allegations that she was a thief and had a criminal record, again, all courtesy of Twitter.

Ms. Love wisely settled the law suit paying Ms. Simorangkir $430,000.

This week’s case is the first time a court in North America will scrutinize communication by Twitter. Witnesses expected to testify include Ms. Love, a few of her employees, and experts in language who are well-versed in the Twitter medium.

Lawdiva aka Georgialee Lang