Disbarred McInnis, Anyone?

10 thoughts on “Disbarred McInnis, Anyone?”

1. For the most part, the Rules of Professional Conduct Apply only when lawyers are acting as lawyers.  For example, the “truthfulness” rule, 4.1, begins:  In the course of representing a client . . .”  I don’t see that McInnis was acting as a lawyer in any of this.

   There are some general obligations that aren’t limited in this way, but I would be shocked if McInnis is disbarred, or suspended, or anything else very serious.  Frankly, I think this reflects badly on Toro, given that it smells of using the professional rules for partisan purposes.

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   1. Toro said he wants an investigation because he’s not sure what’s “right” in this matter.

      I think it’s fine to ask questions, as long as you are prepared to live with the answers.

      “We’re just asking for an investigation because we don’t know … but if we didn’t do it, maybe nobody would,” Toro said. “This is not a simple, straightforward plagiarism case. It’s a lot more complicated than that.”

      He said the investigation is at its beginning stages and may not go anywhere.

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      1. Then there certainly ought to be. Several news reports have talked about this being actionable, so maybe Luis is just being cautious after getting burned a few times.

         Then again, weed attorney Robert Corry assaulted a female college student and is still practicing, so maybe the standards are far too low.

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         1. ABA Model Rules of Professional Conduct
            
            Maintaining The Integrity Of The Profession
            
            Rule 8.4 MisconductColorado Bar Model Rules of Professional Conduct

            It is professional misconduct for a lawyer to:

            (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

            (b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;

            (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

            (d) engage in conduct that is prejudicial to the administration of justice;

            (e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or

            (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

            The Code of Conduct is one that all members of the legal profession are to uphold, including staff such as paralegals.  

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            1. most of the lawyers serving in Congress should be disbarred?

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      2. McInnis has to respond, and that response should be interesting. Do the Hasans get to respond too?

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2. Toro’s group is a political hit squad, and has questionable ethics of its own.

   Nonetheless, these are serious allegations about McInnis – some of which he has admitted doing.  Not only was there plagiarism and the theft of intellectual property, there is also an issue whether he took money from the Hasan Foundation is what may be akin to a fraudulent act.

   I think that there should be an inquiry by a nonpartisan, objective and competent person or entity – and we should not overlook the law firm where he is a partner.  They may well have an exposure if they knew what he was doing and condoned it.

   While I have no regard for Toro’s group and find them despicable, the McInnis situation legitimately calls for an inquiry.

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   1. But it’s almost unheard of for lawyers to be disciplined for anything other than raiding their firm’s trust fund (the clients’ money) for personal use.

      I’ve seen nothing to indicate any such involvement in this case.

      Scooter just took the money, did very little for it and what he did produce came originally from Greg Hobbs, without credit.

      It’s a juicy political scandal, but as another polster noted above, lawyers have done far worse and avoided discipline.

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      1. for stealing from a judge, right?

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      2. There are some cases of attorneys being disciplined for conduct that was not criminal and did not involve a client or drug/alcohol abuse.  I know of a couple:

         http://www.coloradosupremecour…

         http://www.coloradosupremecour…

         But you’re right, the #1 offense is taking money out of the trust fund, followed by having sex with clients and drug/alcohol offenses.  I’d be surprised if Scooter gets any public discipline.

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