LA condones ignorance Thursday, May 27 2010
1 8:00 am
LA “ethics judge” after the decision
Some weeks ago (See commentary here.), I suggested before doing something that might be unethical under LA’s Heh, Heh, Heh, Ethics Laws one not ask the Ethics Board for an opinion.
Instead one should consult a friendly lawyer who will tell you it’s okay to do what you want to do.
In that case, if you are caught (big “IF”), the Heh, Heh, Heh, Ethics adjudicators will, at worse, cut the required fine in half.
I was wrong! Yes, I will say it again, I was wrong!
Ignorance shall set you free
In Saturday’s Baton Rouge paper was a story (See here.) that shows the folly of my previous advice as well as my lack of understanding of the law.
Based on the latest decision by the ethics adjudicators (Administrative Law Judges), the preferable method of avoiding being fined for unethical conduct in our state is to be ignorant.
While I was in law school I got the impression that ignorance of the law was not a defense for breaking it. I was wrong about that too.
I must not have taken the course where it was taught that ignorance was actually the BEST defense. Obviously, the “ethics judges” did take the course.
The “ethics judges” found a bunch of out-of-state lawyers (Attorneys General of other states.) guilty of violating the law. However, they did not impose a fine because the Attorneys General didn’t know the law in Louisiana.
You must think that I’m making this up. I’m not nearly cynical enough to come up with a scenario so outrageous.
Free advice
Here’s my new free legal advice: Don’t read the law and don’t consult anyone who might know the law. Do whatever you want and then plead ignorance.
Of course, this is bad news for lawyers who make a living because they know Louisiana law, but that’s the breaks when one practices in Louisiana.
Laughter not always good
Clearly Bobby Jindal and the leges don’t give a damn about ethics in Louisiana and are proud of it. They must be because the leges passed the new ethics laws and the “Roads Scholar” actually dubbed the law as the “gold standard” of ethics.
Heh, Heh, Heh! Bobby and the leges are not laughing with us, they are laughing at us!
C.B.


