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And The Award For Most Tone-Deaf Coverage Of 'Lawyer Arrested For Assaulting Fiancée With A Frying Pan' Goes To...

Other than crimes against women, is there any category of crime where the first thought is, "I wonder how this will impact the accused perpetrator?"

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The arrest of Connecticut land-use attorney Dwight Merriam, of Am Law 200 firm Robinson+Cole, on domestic violence charges should prompt a number of stories from a publication like the Connecticut Law Tribune. A matter-of-fact account of the allegations and Merriam’s side of the story could be one. Or perhaps a thought-piece on the history of domestic violence in the legal profession, an issue that receives far less coverage than the often related subject of substance abuse surrounding the job. Given the nature of Merriam’s case, maybe even a discussion of the ethics of dating a student.

One story that it probably shouldn’t prompt is an exploration of how he can mount a comeback that ends with the line “that is why God made erasers.”

First of all, Edward Nairne invented the eraser. Second of all, what the hell? Either this is the most tone-deaf article of the “believe women” era or an act of supremely subversive journalism to end this account on such a retch-inducing description of abuse. But whether this article earnestly approached domestic abuse allegations — roughly 48 hours after the fact — as an opportunity to wonder about the man’s future career prospects or the publication simply managed to slyly relay that a large swath of the legal community had already decided they’d rather move on from her story, the article shines a light on something deeply troubling about the profession.

Merriam, who is 72, was engaged to be married to a woman of unspecified age, but…

The police report states Merriam met his fiancee at the University of Connecticut Law School, where he was a professor. It does not name the woman, but notes she is Russian.

The pair started dating in 2013, and he “paid for all of her school tuition,” according to the arrest report.

The report paints a picture of a relationship in which money was instrumental.

You don’t say?

According to the police, the woman says the argument arose over the prenuptial agreement. She claims she was prepared to sign an agreement protecting his broader assets in the event of the relationship turning sour if he would agree to give her a $50,000 payment. Merriam says the argument remained verbal, while the police say this led to a physical disagreement:

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Simsbury Police charged Merriam with disorderly conduct and simple assault. They charged Merriam after his fiancee accused him of chasing her around his house, assaulting her with a frying pan, and leaving a softball-sized red mark with purple overtones on her hip.

To its credit, Robinson+Cole approached this issue with the appropriate seriousness, accepting Merriam’s leave of absence while this matter is dealt with and reiterating the firm’s commitment to supporting the victims of domestic violence. Others missed that boat:

Merriam serves on the Connecticut Law Tribune’s editorial board. His arrest will not affect that position, according to Joette Katz, who chairs the board.

Starting to wonder if maybe this isn’t the right publication to be offering a robust defense of this guy’s future prospects. Still others took their full-throated support of Merriam to another level:

Jamie Sullivan, a legal ethics expert and partner with Howard, Kohn, Sprague & FitzGerald in Hartford, said he does not believe Connecticut’s Statewide Grievance Committee will address the matter.

“This has nothing to do with the practice of law,” said Sullivan, who co-authored “Connecticut Legal Ethics and Malpractice” with attorney Mark Dubois. “In order for the Statewide Grievance Committee to be interested in criminal conduct, the crime or infraction has to be very serious…. This does not even come close to rising to that level. The bar simply will not be interested in this.”

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Putting aside the implication that domestic violence is not a serious crime, this analysis seems to be a stretch. We’re a little over a month removed from Connecticut’s Grievance Committee diciplining a guy who punched a random dude over a Little League game. Connecticut probably doesn’t want to get in the business of saying a punch in the face is categorically more serious than chasing a woman with a frying pan. That would be a dubious distinction.

But, again, even if this analysis turns out to be right, the immediate aftermath of serious allegations of abuse is not the time to be musing about his career. Is there any other category of crime — besides crimes against women — where that’s the first response? No one read about the indictment and said, “Gee, I wonder if Martin Shkreli will ever trade again?” There’s a time and a place for career rehabilitation and moving on toward the future. That time is at least more than a week.

Sullivan, as it happens, is also the attorney who provided the article’s money line:

Meanwhile, Sullivan said Merriam’s case “is definitely being talked about” in legal circles, but he expects colleagues to support the attorney.

“They will stand behind him because ‘There, but for the grace of God, go I,’” Sullivan said. “That is why God made erasers.”

I’m pretty sure God’s saying, “hold on there, don’t bring me into this.” But in all seriousness, consider the extraordinary abdication of responsibility required to make those comments. It’s one thing to say, “I don’t believe these allegations” it’s another to say, “hey, domestic violence charges just come right out of the blue… can happen to any of us really.”

Sadly, he might be right that this accurately describes the community’s thinking whenever they hear allegations like this.

Can Attorney Dwight Merriam Make a Comeback After Arrest? The Consensus Is Yes [Connecticut Law Tribune]

HeadshotJoe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.

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