Tuesday, January 18, 2011

Veterans now a Convenient Theft Victims for Lawyers and non-Lawyers

Lawyer Kickers pro bono sees a pattern of inappropriate conduct. Consider whether a neighbor, relative or non-lawyer of the veteran (client) had committed the same misappropriation of funds from the veteran as the lawyer and claimed the same extraordinary intention: to deplete the veteran's bank account to maintain Medicaid eligibility.
a) If the extraordinary circumstances rule is unobtainable by non-lawyers, separate law applied to lawyers only seems to hold their misappropriations above the law applicable to ordinary citizens. In effect, this would place lawyers above the law in such cases of theft (although defrauding Medicaid seems to have been ignored). And, if it was really not theft, why did not the lawyer explain what he intended to do with the funds before the fact of misappropriating them?
Or, on the contrary...
b) If courts allow the lawyer's extraordinary precedent to apply to similar misappropriations by ordinary citizens, the decision creates a potential theft defense because fraud, self-dealing, misrepresentation, and conflict of interest are difficult to prove.
Either way, the lawyer's conduct seems to involve an inappropriate pattern for the community by an officer of the court (role model of respect for the law).
Submarines are silent and strange.



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