Tuesday, October 17, 2017

Wife of Birmingham attorney James F. Henry admits he's on Ashley Madison list, and attorney David M. Deutsch is not licensed in Alabama -- so double Oops!


James F. Henry
Birmingham attorney James F. Henry claimed our Ashley Madison post about him was false, apparently not realizing his own wife had left a comment on the post, admitting that his name was among the paying customers at the extramarital-affairs Web site. Oops!

Henry communicated his concerns via an e-mail from a lawyer named David M. Deutsch, whose name appears nowhere at the Alabama State Bar. Oops, again!

I did make one mistake on the post in question. I reported that Henry -- who is with the firm Cabaniss Johnston Gardner Dumas and O'Neal -- was married to Kelly Jo Henry. In fact, they had been divorced for several years, and Linda Henry -- the new Mrs. Henry -- corrected me on that matter via a comment on the post. Linda Henry had a number of interesting things to say in her comment, which her husband and his lawyer apparently had not read:

Linda Henry said...

Hi there! :)

When I heard you'd written an article about Jim, I came right on over to your little blog to see for myself! All in all, it's not bad! You know what they say about there being no such thing as bad press! ;)

I really am appalled to see that you've listed Jim's wife as Kelly, when I'm Jim's ACTUAL wife, Linda! Jim and Kelly divorced nine years ago. We've been married for almost 7 wonderful years! Call it silly, but these things matter to a girl!

I think it's nice that you included some info from his bio, and that you referenced a case of his. Heaven knows he's the hardest working man I know. He has definitely stepped away from many a family meal or outing to meet the needs of his clients! We understand, of course, we're just so blessed that he gets to do what he loves every day! :)

I suppose the purpose of the article was sort of "exposing" the Ashley Madison thing, but everyone's had access to the list for ages, so it's hardly news! I'd seen something on Ashley Madison on TV, was showing Jim, and so I'm the one who actually registered! Fortunately, Jim has a sense of humor about it! I'm a lucky girl! :)

Warmest regards,

Mrs. Linda Henry

March 23, 2016 at 10:11 PM

Mrs. Henry sounds like an awfully good sport, with a delightful sense of humor. I'd probably get a kick out of interviewing her for a Legal Schnauzer post. What would be the subject? I don't know, but it sounds like Mrs. Henry would be a hoot, regardless.

It turns out that Mr. Henry's lawyer should have visited with Mrs. Henry before dashing off an e-mail to me. That way, he would have known that Mr. Henry's name is, in fact, on the Ashley Madison list.

As for David M. Deutsch, I saw that he was not a member of the Alabama State Bar, so that prompted further research. I found a lawyer by that name at The Deutsch Law firm, with offices in New York City and Boca Raton, Florida -- with admissions in New York and Florida, and no other states.

Upon learning this information, I got back to Mr. Deutsch via e-mail:

Mr. Deutsch:

Is this you at the following link?

https://www.deutschpc.com/people

If so, your bio indicates you have bar admittance in New York and Florida, but not in Alabama. Why then, have you sent correspondence to me, indicating you represent James Henry, an Alabama resident? Are you practicing law without a license in Alabama?


That apparently caused some throat-clearing on Mr. Deutsch's end, because I received this response:

Mr. Shuler,

Thank you for your note.

I passed along the contents of your previous email to Mr. Henry.

Should Mr. Henry wish to pursue this matter further within the Court system, I have advised him to retain an attorney that is a member of the Alabama bar.

Best,

David

Did I let it rest at that? No, I did not. After all, they call me Legal Schnauzer for a reason. If someone encroaches on my territory, with bad or thoughtless intentions, I bark and I dig -- or maybe both. If the encroachment is serious enough, I might respond with a, "Get the hell off my lawn!" So, I fired back at Deutsch, thusly:

My question:

By sending correspondence to me, claiming to represent Mr. Henry, were you practicing law without a license in Alabama? You claimed to represent him and took action on his behalf, even though you are not licensed to practice law in Alabama. That sounds like a problem to me.

Did that draw a reply from Deutsch? Nope. Did he actually practice law without a license? Well, he claimed to represent Mr. Henry, an Alabama resident. And he took action on Mr. Henry's behalf by sending a law-related e-mail to me. Does that constitute practicing a law without a license? The answer is, "I don't know." That's a fairly murky area of the law, and my research has not led me to any solid conclusions.

But I'm going to keep digging -- and we plan to provide an update in a follow-up post.

23 comments:

Anonymous said...

Mr. Right Hand, meet Mr. Left Hand. It seems the two of you need to get acquainted.

Anonymous said...

Why would Mr. Henry choose a lawyer from NY/FL to send his little letter? Of all the sleazy lawyers in Birmingham, he couldn't find one to contact you?

legalschnauzer said...

@10:21 --

I had that same question. Also wonder if Henry paid this Deutsch fellow for that piece of garbage.

Anonymous said...

L.S.

It is my understanding that there were some uab.edu addressed and .gov addresses in these files. Are you going to highlight those? I'm surprised, given your uab background, that you haven't already.

Anonymous said...

Looks like Mr. Henry's had some cosmetic surgery since first post you wrote about him in 3/16. The bags under the eyes are gone, the plump cheeks have been added, eyes are less rounded.

legalschnauzer said...

@10:26 --

Not sure if I will get to those or not. Have a lifetime's worth of names already.

Anonymous said...

When I first opened the article, based on the picture, I thought it was going to be about Heckle and Jeckle.

Anonymous said...

Maybe Mr. Henry wants to sue Mr. Schnauzer so he can help pay for his cosmetic surgery.

Anonymous said...

L.S.

Interesting that you're avoiding the UAB angle. Maybe "avoiding" is not the right word but back in 2015 I remember seeing a list where one of the largest amounts spent was from a UAB email address.

legalschnauzer said...

@10:37 --

Hah! Good one. If that's the case, Mr. Henry is barking up the wrong tree. But stranger things have happened.

Anonymous said...

Why did it take Mr. Henry more than a year to decide you had defamed him?

S C said...

Geez, what a hoot in more ways than one...

Anonymous said...

@10:40 . . . Maybe Mr. Henry lost a client, or thought he was going to lose a client, because of the Ashley Madison story. Isn't that how it works? If you think you might be in trouble, find someone else to blame.

legalschnauzer said...

@10:38 --

Did I say I was avoiding the UAB angle? If you have information regarding UAB, send it my way. I assume you have my contact information.

Anonymous said...

L.S. "avoid" is probably the wrong word. just would think one of the higher amounts spent would be on your radar. this isn't some lab assistant working at uab.

Anonymous said...

Mrs. Henry does sound like a delight. I'm guessing she has most of the personality in the family.

Anonymous said...

"Should Mr. Henry wish to pursue this matter further within the Court system, I have advised him to retain an attorney that is a member of the Alabama bar."


I take this to be an admission from Mr. Deutsch that he was practicing law without a license.

Anonymous said...

Rarely is the question asked...but if it's pro boner work do you need a license?

legalschnauzer said...

@10:54 --

Please send me the information you have. If you can scan it and send in an e-mail attachment, that would be excellent. It's hard to tell exactly what you are talking about, but I don't recall seeing such an entry. That doesn't mean it's not there, though. If you can send it, and the info proves to be accurate, I would be more than happy to report on a UAB employee who apparently is using public resources to facilitate private affairs.

legalschnauzer said...

@11:20 --

I'm pretty sure you must have a license to work as a lawyer, whether you are paid or not. In this instance, the lawyer has a license in NY and FL, but he admits he is not licensed to practice in AL. The question: Without an AL license, why is he claiming to represent someone from Alabama and taking action on that person's behalf?

e.a.f. said...

well, the wife certainly has a good sense of humour and dealt with the matter in quite a professional manner.

Now as to the lawyer, not being a lawyer in Alabama, I don't have an answer to your question either. However, there is nothing illegal in most places in letting some one come to their own conclusion. if he said he was simply representing some one but not indicating he was a lawyer, then I think he is home free. Hey, it works in where I live and I've done it. Nice suit, go in with some one, expensive brief case, let them come to their own conclusions. Sometimes you don't need a lawyer to "straighten" things out. Just make the other party think you have one and they'll back off. of course they haven't met you and you don't back off.

I did have to laugh at this post. quite humours. thank you.

Brian said...

Got 2 questions:

1) Did Linda admit that her husband's name was on the list or did she only admit to registering on the site? Her letter sounds like she is defending her husband and saying that he was not the one who registered on Ashley Madison.

2) Alabama and New York are both states that allow for lawyers to be allowed to practice without being licensed in that state as long as they are licensed to practice in another state as long as that other state is willing to do the same.

https://www.bcgsearch.com/article/900046195/A-Comprehensive-Guide-to-Bar-Reciprocity-What-States-Have-Reciprocity-for-Lawyers-and-Allow-You-to-Waive-into-the-Bar/#

legalschnauzer said...

Brian:

(1) I think Mrs. Henry's words speak for themselves. Either way, Mr. Henry's name is on the list. I've seen it and didn't need her to admit that.

(2) Thanks for sharing the article about bar reciprocity. Interesting. It says a lawyer in one state can get "admitted on motion" to another state. It doesn't happen automatically. Mr. Deutsch gave no indication that he had been admitted on motion in Alabama. In fact, he said Mr. Henry would need to get a lawyer who is licensed in Alabama.