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Tuesday, April 19, 2011

Lawyers Can't Handle the Truth About Their Profession

You can't handle the truth!

How is a lawyer likely to react when confronted with the undeniable truth about the ugly side of the legal field?

He probably will lash out in abrupt and misguided fashion. I know because just yesterday a lawyer threatened me with a defamation lawsuit because of my coverage of an Alabama divorce/child custody case.

I attended a status conference at the Jefferson County Domestic Relations Court on Turner v. Turner, a case that involves the custody of triplets who now are 10 years old. Turner v. Turner embodies much of what is wrong with our broken justice system, and we have reported on it several times. (See here, here, and here.)

The case got even uglier yesterday as I was leaving the hearing. Tom Kendrick, of the Birmingham firm Norman Wood Kendrick and Turner, approached me, introduced himself and proceeded to threaten me, on about five different occasions, with a lawsuit for portraying his firm in a false light. I informed Mr. Kendrick that I've been a professional journalist for 30-plus years, with 11 years of experience in daily newspapers, and I had not written anything that is defamatory on Turner v. Turner--or any other subject.

Kendrick appeared to be visibly shaken by my presence at the hearing--or the overall issues raised by the Turner case. Why would that be? Kile Turner, the defendant in the case, is a partner in Kendrick's firm. And here is a key issue, as we presented it in a recent post:

During the divorce/child custody proceedings, Kile Turner stated under oath that Dr. Hajo Drees, Angela Turner Drees' current husband, had been convicted on two felony counts of domestic violence--one involving his ex wife and one involving his son. Those statements apparently played a key role in Turner receiving custody of the three children, triplets, that he had with Angela Turner Drees.

Kile Turner, in a proceeding before the Alabama State Bar, reportedly acknowledged that those statements were not true. But Angela Turner Drees has not been allowed to have contact with her children for more than two years. And we've seen no signs that Kile Turner will be sanctioned for making false statements before a court, statements that helped him benefit in the course of litigation.

I told Tom Kendrick yesterday that, before I wrote that earlier post, I had reviewed at least three public documents that indicate Kile Turner indeed had made false statements in a court proceeding--and had acknowledged that the statements were false. Was Kendrick interested in the truth about that issue, about matters of simple justice, right and wrong? No, he was not. He wanted to threaten me with a lawsuit.

About four times, I told Kendrick that I would be glad to schedule an interview with him, Kile Turner, and Turner's lawyer (Richard Vincent). He never took me up on the offer and referred to me as a "tool" for the party opposite of Kile Turner. Kendrick wound up walking away in a huff, saying, "I don't want to talk to you." This came after he had initiated the conversation.

I suspect this is not unusual behavior in the legal field. Many lawyers know their profession is riddled with sleaze, and they know it's driven largely by corrupt judges. After all, there is little benefit to being a corrupt lawyer if you don't have corrupt judges. A number of lawyers have admitted to me that they regularly witness unlawful and unethical conduct from their colleagues.

Still, lawyers are a protective bunch, and they are prone to shoot the messenger when presented with a message that makes them squeamish. I know because for almost four years I've been such a messenger with this blog.

In fact, I informed Kendrick that I had been unlawfully fired from my job at the University of Alabama at Birmingham (UAB) because my blog dares to tell the truth about Alabama courts and the legal profession. I further informed Kendrick that my wife had been cheated out of her job, apparently for being married to a journalist who reveals uncomfortable truths about lawyers.

This seemed to be news to Kendrick. I saw no sign that he cares one iota about what happens to people who challenge lawyers' nasty grip on our justice system.

Why does our work here trouble some lawyers? Because it presents the absolute truth about legal misconduct in a way that rarely is seen in a public forum.

I know that quite a few lawyers read this blog. Legal Schnauzer is listed on the American Bar Association's directory of blogs about the legal profession. Some lawyer/readers are friends. Quite a few, I suspect, are foes--the kind who would just as soon see my work disappear.

That's because the legal field operates with a tribe mentality. One of its prime goals is to protect the tribe's peculiar codes and customs--and that includes protecting even its most unethical members. After all, many members of the tribe make handsome livings with the profession operating in its current dysfunctional fashion. They don't want it to change. I'm convinced that someone of modest intellect, with a lousy work ethic, can make a far better living in lawyering than he could in many other fields--as long as he's willing to go along and ignore the sleaze that crosses his path.

Technically, lawyers have an obligation under their ethics code to report any misconduct that they witness. A lawyer I know guffawed when I raised that issue. "Nobody does that," he said.

So it's little wonder that lawyers often become uncomfortable when someone from outside the tribe, such as yours truly, comes along and writes about the kind of misconduct that traditionally is tolerated within the profession.

How do lawyers shoot the messenger? Even before encountering Tom Kendrick yesterday, I had firsthand experience with many of their tactics. They label you a "disgruntled litigant." They say you are just upset because you don't like the outcome of your case, that you "lost" in court. They call you a "conspiracy theorist." They say your charges of misconduct are based on opinion, not facts.

Lawyers have a hard time shooting this messenger, however, because I have presented irrefutable evidence that my charges are based on facts--and actual law, not the stuff some judges make up from the bench. This applies to our reporting about Bush-era political prosecutions, such as the Don Siegelman and Paul Minor cases. It applies to our recent work on the curious domestic-relations case of Ted Rollins. And it applies to our reporting about my own legal difficulties.

On that subject, here is a classic example of why some lawyers, to borrow a phrase from Jack Nicholson, "can't handle the truth"--as it's presented in these posts.

I was driven to start this blog largely because of blatantly unlawful rulings by Judges J. Michael Joiner and G. Dan Reeves in a lawsuit filed against me by our criminally inclined neighbor (Mike McGarity) in Shelby County, Alabama. McGarity's complaint was filed by Pelham lawyer William E. Swatek, who has a 30-year history of unethical conduct, according to records from the Alabama State Bar. McGarity's case was so weak, nonexistent really, that it had to be dismissed (summary judgment) on eight to 10 grounds.

But what happened in Shelby County, where Bill Swatek is a long-time golf buddy with Joiner, the presiding judge at the time? I filed three motions for summary judgment (MSJ), all raising distinct issues of fact and law, and all had to be granted, by law. But Joiner denied the first two, and Reeves denied the third. (The case wound up with Reeves after Joiner recused himself on my motion, disclosing his friendship with opposing counsel.)

All three of my MSJs were properly executed and supported, as required by law. McGarity filed no timely evidence on the first one; he provided no response or evidence of any kind on the other two--meaning all had to be granted, under the law. On the first MSJ, McGarity filed a response, but he filed no timely evidence as required by law. He did file an affidavit--which did not dispute the fundamental facts at hand--but it was 10 days late and had to be stricken as a matter of law. Joiner denied summary judgment anyway.

On the second and third MSJs, McGarity filed no response at all--no affidavit, no evidence, nothing. That meant the material evidence I filed, which was different from the evidence in the first MSJ, was uncontroverted. In such circumstances, Alabama law is clear: Summary judgment must be granted and the case dismissed. In fact, the law in all jurisdictions is clear: Such an MSJ simply cannot be denied, and it's a "nondiscretionary" ruling--Law School 101.

So why did Joiner/Reeves deny all three MSJs, ignoring clear, black-letter law? My theory is this: They are corrupt, they've been corrupt for years, and they know they can get away with such scams. Numerous Birmingham-area lawyers have told me that Shelby County is notorious for such "home cooking." But do any of these lawyers report the misconduct, as they are required to do by the ethical rules of their profession? Apparently not. Even if they did, it probably would go nowhere with the pathetically limp Alabama Judicial Inquiry Commission. And the U.S. Justice Department seems to be more interested in covering up judicial wrongdoing than exposing it.

How blatant were the actions of the Shelby County judges? The summary judgment process is governed by all kinds of procedural, statutory, and case law. But here is the simplest way to understand the cheat job I experienced. It comes from an Alabama case styled Voyager Guar. Ins. Co., Inc. v. Brown 631 So. 2d 848 (Ala., 1993):

"When a party opposing a properly supported motion for summary judgment offers no evidence to contradict that presented by the movant, trial court MUST consider the movant's evidence uncontroverted, with no genuine issue of material fact existing."

Law cannot get much more clear and simple than that. Joiner and Reeves took an oath to uphold the law. They had a duty to rule as Voyager, and the Alabama Rules of Civil Procedure, required them to rule. But they simply violated the law.

I could write a book--in fact, I probably will write a book--about the numerous other instances of misconduct I've witnessed in my personal case. But these summary-judgment rulings by Joiner and Reeves are the "big kahuna" of corruption in our Legal Schnauzer story. Lawful rulings on those motions would have ended our legal unpleasantness fairly early and kept it from evolving into a legal nightmare. We would have been out maybe $2,000 to $3,000, which is not a good thing, but we would not have been brought to the edge of financial ruin. And I never would have started this blog because I would not have been personally aware of the godawful sleaze that permeates our justice system.

Is there reason to find hope in any of this? Yes, there is. Because I tend to report critically about judges and lawyers who deserve it, readers might sometimes forget that this blog largely is driven by lawyers who are honorable.

Don Siegelman, Paul Minor, and Wes Teel are lawyers who we believe are honorable people and have been wrongfully prosecuted. Reporting on their cases has taken up a major chunk of this blog. Jill Simpson, Andrew Kreig, and Scott Horton are lawyers who have provided both inspiration and valuable insight. Alabama blogger Robby Scott Hill has a law degree and one of the sharpest legal minds I know.

So there are good people in the legal profession. My hope is that, with a boost from concerned non-lawyers, they will rise up to take back our courtrooms from the scoundrels who have sullied them.

Almost all lawyers, I'm convinced, know in their hearts that our justice system needs major reform. They just don't like hearing about it from people like me.

That apparently includes Tom Kendrick. We will be writing more about our little confrontation yesterday. And we will be writing much more about Turner v. Turner, focusing on public documents that raise serious ethical questions about conduct of the case.

13 comments:

Anonymous said...

Dang Mr. Schnauzer:

The legal schnauzer is on the American Bar Association's directory of blogs about the legal profession?

Then meet my buddies:

http://www.kaufmanandcanoles.com/attorneys/hunter_w._sims_jr..htm

http://www.willcoxandsavage.com/paa/attorney_profile.php?id=83

http://www.washingtonpost.com/wp-dyn/articles/A35473-2005Mar14.html

justiceforjuveniles said...

ha, imagine if you were facing the death penalty....

Robby Scott Hill said...

Don't back down. It's a lawyer's job to be an asshole to the opposing party, but not the general public which includes the press. He had no right to confront you in that manner and was seriously out of line.

Robby Scott Hill said...

If they are going to label us "conspiracy theorists," may we call them "coincidence theorists?" The b.s. is getting pretty deep in this state.

Robby Scott Hill said...

I endorse and approve all of your posts in re: Turner v. Turner and take pleasure in providing some insightful commentary before sharing them on Facebook and the several social media platforms. Rubber stamping your articles is much more fun than rubber stamping oil and gas leases for court appointed Governor, former US Representative Bob Riley ever was. As actual Governor Don Siegelman once encouraged me, "Keep on working for change!" This is proof positive that you are making a difference. Don't let them buy you off & never let them "promote" you by sending you to law school. Sit right there at that news desk and tell it like it is!

Anonymous said...

Robby, you still haven't told us who killed Judge Vance.

Anonymous said...

My lawyer buddies appear to have been busy little Bees.

18 U.S.C. ¤ 3006A (the "Hyde Amendment")

The Hyde Amendment may be analyzed as containing nine elements." United States v. Holland, 34 F.Supp. 2d 346, 359 (E.D. Va.), rehâg, 48 F.Supp. 571 (E.D. Va. 1999), affâd, 214 F.3d 523 (4th Cir. 2000). In the instant case, most of the elements, should give the Court little pause.

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http://www.brodenmickelsen.com/mb24.html

LeftAU said...

One minor fact correction: the lawyer who "couldn't handle the truth" was the good guy. You might want to pick a different analogy.

Bail Hearing Lawyer said...

This is because the legal work for the tribal mentality. One of its main purposes is to protect your code and tribal customs including the protection of even the most immoral.

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Stop DHR corruption in Shelby County said...

Can you recommend a good attorney to handle a DHR case in Shelby County ? My daughter had her child taken without court order, was never allowed in court room to defend herself. Her Atty( appointed) knew she had evidence to prove DHR flat out lied on court papers which in turn found my daughter guilty of " child in need of supervision" and was in foster care for 2 months. I, being grandmother, fought for her only to lose for two months on false allegations that I had been found guilty of child abuse 20 years ago. At the two month mark, they stated they were wrong and they gave me my granddaughter. I later learned they have to keep a child in state certified foster care for 60 days to be entitled to Title IV E federal funding. They took a two year old on malicious lies and kept her for 2 months all for the sake of money. I had a paid attorney who was a former Jefferson CTY.juvenile judge and knew that I had filed a petition for custody per DHR information in order to get custody, and I had unknowingly accused my daughter of child abuse because DHR knee they didn't have any proof. My attorney knew DHR was lying and never told me to drop the petition and knew I couldn't get her for two months but kept stringing me along for my money saying this time we will get her. Dhr needs to be stopped. They are kidnapping children and holding them against family all for job security.

Stop DHR corruption in Shelby County said...

Anyone know any good defamation attys? I have been falsely accused by SCDHR of child abuse 20,years ago. It denied me getting my granddaughter out of foster care for 2 months until they had met Title IV E federal funding guidelines. Then they said, sorry we were wrong, here's your grandchild. She's 2 years old and was ripped from her mother for malicious accusations and myself. The paid and anguish SCDHR caused my granddaughter and ourselves is undescribable and they need to be stopped. They are kidnapping children from innocent parents all for job security. They are the child abusers in out case. Any suggestions would be appreciated. I need a contingency lawyer. Thanks.. Michele

legalschnauzer said...

That's a tough question "Stop." My understanding is that most attorneys don't specialize in defamation law. I guess there aren't enough such cases upon which to build a practice. A First Amendment lawyer should be well acquainted with defamation law, so you might Google "Alabama First Amendment lawyers" or "Alabama Fist Amendment lawyers" and see what you find. It should turn up some possibilities. Feel free to keep us posted on things.