From Around the Blawgosphere:
FYI: If I am not noticing that you have written something about me or my site or that you have blogrolled me I apologize. Technorati seems to have gone haywire so I'm not getting the info I was previously.
(1) I Respectfully Dissent - I stumbled upon this just recently and I recommend it.
(2) Freespace talks about how I'm doing hard and noble work. The work may be noble but I make no claim as to myself.
(3) The Curmudgeonly Clerk comments further on my short statement on the attorney who had "sexual contact" with her client in jail.
I've seen arguments on both sides of whether you can have sex with a client and was pretty sure that the Bar looks askance at it (although I thought there was no specific rule) so I went back thru the VSB online disciplinary records. I found a number of records where sex was a part of the reason for suspension. An example:
February 22, 2000And I found one where the specific reason for disciplinary action was sex:
"LAWYER A"
VSB Docket No. 98-010-1787
The Virginia State Bar Disciplinary Board suspended LAWYER A's license to practice law in the Commonwealth of Virginia for two (2) years effective February 18, 2000. The Disciplinary Board found that beginning in the fall of 1997, "LAWYER A" engaged in a prolonged sexual relationship with a client, whom he also employed in his law office after the establishment of an attorney-client relationship. He also engaged in inappropriate conduct of a sexual nature with another client, and engaged in acts of sexual harassment of a third woman, who was also employed in his law office. Respondent also failed to maintain any trust accounts in accordance with the mandatory record keeping requirements pertaining thereto, albeit without any financial loss to any client.
November 1, 1999I didn't put either lawyer's name as a courtesy; both may be currently practicing. However, if you want to go look these cases up they are at the VSB web site.
"LAWYER B"
VSB Docket No. 97-060-1365
On October 27, 1999, the Disciplinary Board imposed a Public Reprimand against the Respondent, LAWYER B, after accepting an Agreed Disposition between LAWYER B and the Bar. During 1996, LAWYER B engaged in a consensual, sexual relationship with a client, whom he was representing at the time in a divorce case. The client's divorce proceedings involved issues of child custody, child support, spousal support and division of marital property. Mitigating factors included the fact that the client was not harmed in her divorce proceedings by her sexual relationship with LAWYER B and he handled her divorce case in an expeditious manner. Moreover, LAWYER B had no prior disciplinary record. The Board found that LAWYER B had violated Disciplinary Rules 1-102(A)(3) and 5-101(A).
Personally, I draw the line at clients. Too many of my clients are manipulative and the ones that aren't are usually in a vulnerable state so that it would be improper to do anything. Either way, wouldn't it be just wonderful if the client called the Bar and told them that you had led her to believe you'd make sure she would win if she had sex with you?
(4) Well, now I know what the prosecutor's office probably thinks of my appeals. Hopefully, mine make more sense than this one appears to have made.
(5) A terrifying standard which we must keep away from the 4th Circuit and the Virginia Courts Appellate at all costs. I can just see it now: "Defendant, by not barricading his door and standing with his shoulder braced into the door to push back when the police broke it in at 4:30 a.m., obviously waived his 4th Amendment rights. Just because he was asleep does not mean that the constitutional standard should be lowered; one cannot sleep on one's rights and only assert them at convenient times."
(6) Lex Communis comments on my post on jury selection and religion. Sounds like he practices in front of some rough judges. "My son is the Defendant's best friend" gets that person off the jury everywhere I practice.
BTW: I think Darrow was deadly serious when he made the jury selection comments.
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