What an Asshole!

The Legal Profession blawg has a link to the disciplinary opinion supporting a public reprimand for Commonwealth of Virgina attorney Hilton Gordon Oliver a Virginia Beach attorney who handled a custody matter.  His client the mother who would lose custody was described by a witness as a "prostitute" based on his personal knowledge as a former paying customer.   After the custody proceeding, the lawyer sent a letter, including a transcript of testimony by the witness,"Mr. C," to the non-party witness' wife--questioning why Mr. C. would "falsely" testify to having patronized a prostitute. 

What an asshole.

Years ago, a friend of mine was very hurt by a relationship where he strongly suspected that his wife was involved with a married neighbor.  He intercepted damning emails.  We talked over coffee about what he should do with the emails, and, of course, his first inclination was to share the evidence with the neighbor's wife, "to alert her."  Upon reflection he realized that such an act was nothing more than spreading his misery to an innocent bystander--that it was his anger, outrage, pain--his ego, motivating the desire to share the pain.

In this case we have a lawyer acting in pure spite.  Not knowing the underlying facts of the disciplinary case the offense seems to me to be one justifying a harsher sanction, perhaps there was substantial mitigation?  We do see alot of this sort of gamesmanship in the divorce and family bar.  Nasty lot.

By the way, I included a useful diagram. 

Pro Se Lawyer, Divorce Actions--Bad Ideas

Occasionally, in my Bad career I came, shudderingly, into proximity of "divorce" aka, "domestic relations" or "family law" attorneys.  Occasionally, I have encountered lawyers, divorce and otherwise, who have attempted to handle their own divorces, pro se.  Bad Idea.

How often have I advised against being your own attorney since the beginning of this "blawg?"  This same caution applies doubly to lawyers who try to handle their own complex divorces (any that involve property and children).

The New York disciplinary authorities have now suspended attorney, Anthony Chiofalo for 2 years for his conduct and outrageous assertions in pleadings filed by him in his divorce and divorce-related lawsuits.  This opinion needs to be read to be believed.  Attorney Chiofalo was quite simply insane--and that he's taking a two year suspension instead of disbarment is pretty unbelievable.  He wrote and submitted pleadings that are objectively frivolous and filled with obscenity especially of the scatological category.  He abused his knowledge to abuse and emotionally torture his family.  Disgusting.

The divorce attorneys that I knew in the 1980s and 1990s were pretty out of control.  As bad as this guy?  Yep, maybe worse.  One particular lawyer comes to mind, a brilliant African-American lawyer who fathered children outside of his marriage.  Mr. August Willfully was the target of a paternity action, which he lost. Subsequently, he was the subject of various child support actions which he lost. "Willfully" filed multiple frivolous lawsuits, appeals, and appeals upon appeals, endlessly tying up his support obligations in away that it is relatively amazing that no disciplinary actions were initiated against him.   But Attorney Willfully's conduct did draw repeated financial sanctions.  "Willfully" and his firm "LoBlo and Willfully" notoriously were the first to request sanctions when they saw opposing counsel in a position of exposure over a legal position or pleading mistake. 

Karma ghosts!

Elvis Impersonators

The Legal Profession Blawg which specializes in reporting on lawyer disciplinary actions provides us with this account of the moron lawyers:  Kurt Muller and Todd Walters who during the pendency of a divorce proceeding in which they represented the wife, decided to harass the husband who was under threat of a contempt of court proceedings by joking about how the former husband was going to handle jail when the court imposed its contempt penalty.

The obnoxious joking went so far that these divorce lawyers were chorusing on "Jailhouse Rock."

The Illinois disciplinary opinion records:   "During the course of the discussions with [the husband] Douglas, [the wife's attorneys] Respondent Muller and Respondent Walters made inappropriate and unprofessional references to what they believed would be Douglas' experience should he be sent to jail, including references to body searches that he would or would not endure and the song Jail House Rock'."

Nice, huh?

These jokers received reprimands, no joke.