Legal Ethics
Lawyer’s F-ing T-Shirt Not Grounds for Sanction, Hearing Officer Says
Posted Aug 20, 2008, 11:26 am CST
By Debra Cassens Weiss
A hearing officer in Arizona is recommending dismissal of misconduct charges against a lawyer with an unusual communications style.
Lawyer Jeffrey Mehrens showed up to interview two police officers in a vehicular manslaughter case against his client in a T-shirt sporting a slogan. It read, “Let the f---ing begin,” according to the hearing officer’s report (PDF). Mehrens said the intent was to communicate his feeling that his client was at a disadvantage because of police conduct. The prosecutor who was present felt the apparel was inappropriate.
The state bar cited the T-shirt and two other incidents involving prosecutors in its complaint against Mehrens. But hearing officer Robert Stephan Jr. wasn’t persuaded the conduct amounted to an ethical violation.
In a second incident, Mehrens sent a note to the prosecutor who had objected to his T-shirt. It said she had a poor selection of magazines in her waiting room and he was going to take care of the problem with a gift subscription to Modern Drunkard Magazine.
In a third incident he called a different prosecutor “an unethical piece of trash.”
Stephan, who has served as a hearing officer or disciplinary committee member for 25 years, said the case is the first in which he has recommended complete dismissal.
“Bar counsel twice characterized respondent’s conduct as ‘not the most serious but inappropriate,’ ” Stephan wrote in his Aug. 13 recommendation. “On the behavioral continuum of inappropriate to unprofessional to unethical, I too can go no farther than inappropriate, at most.”
Hat tip to Legal Profession Blog.
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Comments
Posted by Al Bonner - 3 months, 2 weeks, 1 day, 8 hours, 5 minutes ago
At least the 1st Amendment lives! It also goes to show us that it is permissible for lawyers to be F*****ing a-holes and get away with it!
Posted by Paul - 3 months, 2 weeks, 12 hours, 35 minutes ago
I would not advise an attorney to emulate this behavior in South Carolina. I would suggest that one could fully expect to receive the attention of disciplinary counsel.
Posted by JBo - 3 months, 2 weeks, 10 hours, 44 minutes ago
I would not advise any attorney, or anyone else, to reside in South Carolina, one of America’s showplaces for bigotry, ignorance and small-mindedness.
Posted by Paul - 3 months, 2 weeks, 4 hours, 10 minutes ago
South Carolina has its problems, no doubt, as does the rest of our fine country. As a “showplace” for all things evil, well, it is probably mediocre in that respect.
Posted by Judge Lyonell K Richardson - 3 months, 2 days, 4 hours, 1 minute ago
Modern Drunkard Magazine is a fine if not steadliy published bi-monthly. Full of great stories, articles and artwork it brightens up the dreariest of waiting rooms.