In “Our Honor: Policing Ourselves in the Legal Profession, ” (NYSBA Gov., Law & Policy
Journal | Summer 2005) David L. Edmunds, Jr., Chief Counsel for the NYS Attorney Grievance
Committees, App. Div., 4th Jud. Dept., discusses at some length the ethical obligation to
report non-privileged violations of the ethical rules by our fellow attorneys. See NY Rule
1-103(A); Model Rule 8.3; D.C. Bar Rule 8.3. Edmunds says:
“The integrity of the legal profession can only be maintained when violations of
the disciplinary rules are brought to the attention of the proper officials. . . . The
profession is indeed privileged to have the responsibility of policing itself.”
We part company when he says “The legal community, both bench and bar, has met the challenge
and exceeded the responsibility placed upon it to regulate the profession.” (see our prior post) It
is ironic that Edmunds should be making this claim, since it was his 4th Dept. Grievance Committee
staffer who told me a few years ago — as described in blame bar counsel for the Capoccia Scandal
— that they pay very little attention to complaints by lawyers about other lawyers, because (he
asserted) they almost always come from competitors trying to stifle the competition (e.g., complaints
about ads).
YAW: Yabut Analogy Watch: Quoting Cain from the Bible, Edmunds uses a strange
analogy in his article, pointing to the story of Cain and Abel, and stating that “We are
indeed the keeper of our brother and sister attorneys.” As Answers.com has noted,
“Cain’s words have come to symbolize people’s unwillingness to accept responsibility
for the welfare of their fellows — their “brothers” in the extended sense of the term.
The tradition of Judaism and Christianity is that people do have this responsibility.”
The Body of Abel, Found by Adam, by William Blake; larger
Observers such as I would say that our profession has indeed acted too much
like the keeper of other lawyers — covering their colleagues’ behinds and winking at
their bad conduct — rather than vigilant police who are looking out for the welfare of
clients and the public.
roly-poly pigeons
growing fatter…
a long day
hailstones falling–
the pigeons hear
their fate
translated by David G. Lanoue
How about ending our workweek with Peggy Lyles?
Sounds very good to me:
a sea breeze
through the oleanders–
long afterglow
shrimp glisten
in the cast net
summer moon
history lesson
slowly the caged eagle
turns our way
Peggy Lyles from Snapshots Haiku Magazine #10 (2001)
by dagosan
the grocery bag
spills — blueberries . . . r o l l
bananas don’t
[Aug. 6, 2005]
August 5, 2005
stoolies and eagles
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