Lawyer of the Day: People's Choice
Last week was a busy one in terms of bonus news. In addition, we were prevented from publishing as much as we wanted by technical difficulties (which lie outside the jurisdiction of your undersigned blogger, a mere writer and not a tech person).
Our recent neglect of the "misbehaving lawyers" beat has given rise to a backlog of possible Lawyers of the Day. We've decided to clear the backlog by tossing out five nominees and having you vote on who should get the honor.
Click on each lawyer's name to read more about their alleged misadventures. Then vote on who should be our Lawyer of the Day.
1. Todd Paris: This North Carolina lawyer was held in contempt after a judge caught him reading Maxim [quasi-NSFW] in court. "When [Judge Kevin] Eddinger gave Paris a chance to respond he apologized and 'stated in his view the magazine was not pornography, was available at local stores and that he did not intend contempt,' the [contempt] order said."
2. Beth Modica: "A former suburban prosecutor and PTA president had sex with two underage boys, joined many other teens in booze and pot parties and kept it all a secret from her police chief husband, officials said Tuesday. Beth Modica, 44, was indicted on 35 counts alleging statutory rape, criminal sex acts, sex abuse and endangering children. Wearing an olive-gray suit and handcuffs, she pleaded not guilty at her arraignment in Rockland County Court and was ordered held on $75,000 bail."
3. Mikal Hanson: "Pierre police early Thursday morning arrested an assistant U.S. attorney, who is accused of drunken driving and speeding. Mikal Hanson, 52, an assistant U.S. attorney in Sioux Falls, was stopped by police shortly before 1 a.m. for speeding, said Pierre Police Chief Elton Blemaster. The arresting officer could smell alcohol on Hanson and asked him to perform field sobriety tests, Blemaster said. 'Mr. Hanson didn't complete them as instructed,' he said."
4. Canadian Senator Mobina Jaffer: "Liberal Senator Mobina Jaffer is under investigation by the Law Society of British Columbia for allegedly overbilling one of her legal clients, including charging for 30 hours of work in a single day.... Jaffer has been called before the law society to account for more than $6 million in legal bills charged to her former client, a Catholic missionary order known as the Oblates of Mary Immaculate."
5. Jay Grodner: From the Chicago Tribune (via Blackfive.net):
Jay Grodner, the Chicago lawyer who keyed a Marine's car in anger because the car had military plates and a Marine insignia, finally got his day in court last week. Grodner pleaded guilty in a Chicago courtroom packed with former Marines. They came to support Marine Sgt. Michael McNulty, whose car Grodner defaced in December, but who couldn't attend because he's preparing for his second tour in Iraq...."You caused damage to this young Marine sergeant's car because you were offended by his Marine Corps license plates," said Judge [William] O'Malley....
"That's because there is a little principle that the Marine Corps has had since 1775," the judge continued. "When they fought and lost their lives so that people like you could enjoy the freedom of this country. It is a little proverb that we follow: "No Marine is left behind.
"So Sgt. McNulty couldn't be here. But other Marines showed up in his stead. Take him away," said the judge and former Marine.
So those are the five contestants. Here's the poll:
(45) Comments
The judge should have recused himself. Marines are psychos.
Tell me that dude who keyed the marine's car was drunk out of his mind. I'm sure the marine would have keyed the guys face given the chance.
who cares why he hit the car? this is hate crime sentencing, but the right wing loons don't even realize it!
first!
you think being a marine would be a conflict of interest for the judge
jeez at least make your overbilling reasonable. how can you expect to bill 30 hours in a day and not get caught?
I had a law professor who, prior to teaching, had apparently set his firm's record for billing in a single day. The trick is to travel by airplane from east to west (and not crossing the int'l date line). That way you can bill more than 24 hours in a day.
You need a serious set of something to overbill a bunch of nuns who do charity work. Damn.
Also mad props to Ms. Modica, now that is the way to handle a midlife crisis. How long before her story ends up on a Law & Order episode?
I don't get it. The SOLE reason he keyed the car was his umbrage at the Marines insignia? How in the world does that make sense? I've never been in the military but can't for the life of me figure out why it's so offensive that you'd damage someone's property over it. Very weird.
Marines are gay.
That article on Grodner is hilarious. What a ho.
Marines are misogynist homophobes... but damn fine soldiers. Hoorah!
Semper Fi
Went back and read the story on the Oblates and perhaps the Canuck wasn't so bad. Its expensive to litigate sex abuse crimes.
Overbilling nuns takes the cake....
"A former suburban prosecutor and PTA president had sex with two underage boys, joined many other teens in booze and pot parties and kept it all a secret from her police chief husband"
So if she had informed her police chief husband, it all would have been okay?
The airplane-trip billing story is bullshit. Every law firm has at least one partner who tells it. And law professors don't know shit about billing.
2:29 -
Enhanced punishment for "hate" crimes is so stupid. All crimes are, on some level, crimes of hate, in the sense that they reflecti a lack of respect for another person's rights. People should be punished for what they do, not for what they think.
And focusing on what was DONE here, rather than what was intended, you have to conclude that vandalising someone's car is wrong - it really doesn't matter whether you do it because of their race, because you dont like their license plates, or because you are just a self-centered idiotic asshole.
But based on this article, it doesn't appear that this sentence was based on the "hate" aspect of the crime. The judge seems to have pronounced sentence based on Grodner's actions, rather than the motive. After sentencing, the judges gave his little lecture about the Marines leaving no one behind.
The 27 billable hour day story comes from James Stewart's book, The Partners, at page 70. Stewart names names.
The majority view is that Maxim is "quasi-NSFW" although the minority view, including North Carolina, is that it is "per se NSFW."
3:10: "People should be punished for what they do, not for what they think."
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Hi, my name is actus reus. Have you met my friend mens rea?
324: Nice call. Be patient, though: I'm sure 310 will be starting law school in the fall.
The hippie lawyer should be drawn and quartered.
3:24, the comment to which you responded indicates that motive should not be considered (I would agree), not that proof of a mental state ought not be required.
310, you got pwn3d, d00d!
"Yes, I'd say, 'I'm sorry if I scratched your car.' It escalated. That's when he wanted me locked up and thrown away,"
EPIC FAIL.
I was going to vote for Beth Modina, until I saw her picture.
Based on the description in the Chicago Tribune article, the hippie lawyer sounds kind of like Michael Jackson. Fedora, sunglasses, wimpy voice, late for court???
3:44 gets it.
3:24 and 3:43 - you fail.
3:45 - thanks babe, you go get pounded too. ;-)
Best part about Beth Modica: her husband's lawyer is John Edwards.
Recusal might be appropriate when a judge is tempted to refer to himself, the plaintiff, and a gang of the plaintiff's marine brothers as "we."
"motive should not be considered (I would agree), not that proof of a mental state ought not be required."
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3:44? Please learn to read--3:10's claim was that "People should be punished for what they do, not for what they think," not "people should be punished for what they do, not why their motive for doing it."
Back to the Fed Soc roundtable on Effective Messageboard Debating Tactics for you both!
"Arguing that his client should be freed without bail, Damiani said, "Her character has never been questioned except for these allegations." He said she was in good standing with the state bar association."
Almost as good a defense as the "World's Greatest Dad" mug.
Almost.
4:53 - I'll learn to read if you will please learn to write in English. 3:44's claim was that that "motive should not be considered," not that "people should be punished for what they do, not why their motive for doing it." And yes, "motive should not be considered" is a fair characterization of the original post. Nobody disputes that mens rea is necessary for a crime, but its a pretty basic level of intent, and does not embrace shades of motivation.
Back to the Losers Playing Games In Mom's Basement roundtable on illiteracy for you!
If the judge was a marine, what do you think the chances are that the bailiffs and other law enforcement personnel handling Grodner's custody are also semper fi?
How can anyone not vote for Modica after seeing her pic. Give it up to her for being smart enough to know that if you give teenage boys enough booze and pot they will tap anything.
6:08 PM,
Most vote based on Latty's summaries, just like the Supremes and the cert memos. Few would do the extensive research that you have undertaken, but it's not like Ms. Modica is Judge Halverson, is it?
Maxim is clearly not a publication that appeals primarily to prurient interests... clearly not porn- this Judge should be shot in the throat.
Maxim is clearly not a publication that appeals primarily to prurient interests... clearly not porn- this Judge should be shot in the throat.
Sure statutory rape and Marine hate make for interesting reads, but billing 30 hours for one day...that certainly deserves some kind of award, even if not ATL lawyer of the day.
Such an embarassment of riches in these stories - the middle-age woman getting it on with the teenage boys, the wacked-out military-hater, the overbilling of the nuns. Can't they ALL be lawyer of the day? Of some day, at least?
In my preparatory school, young gentlemen of my acquaintance were wont to become intoxicated and copulate with ugly, older ladies, and it was seldom remarked upon.
That's a pretty good frat lothario, 10:19, but instead of "ugly, older ladies," I suggest "matrons of unfortunate appearance."
Err, I mean 9:58.
For me the hate crime lawyer deserved all he got. What an arrogant putz.
Whenever attorneys are caught billing more hours than there are in the day they call it "value billing".
But Beth Modica has real style about her chosen path to self destruction--and she gets bonus points for being a former prosecutor!
"'motive should not be considered'" is a fair characterization of the original post."
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Except it didn't say that.
value billing has to be in the agreement... many organizations will not agree to value billing.