Journal 2- Legal Breach Of Ethics Leading To Disbarment
A serious charge of breach of ethics can be the cause for a lawyer to be disbarred. A case in the news, currently, involves two lawyers who have been named in reports of the disbarment on the Internet, Willian Gallion and Shirley Allen Cunningham Jr. These two lawyers were representing Fen Phen in charges filed against them by users of the drug named fen phen. Suers trying to get money from Fen Phen claimed that their drugs by the same name caused permanent damage to heart and lung. They settled for $220 million . The sum was to be dispersed to each of the 440 users of fen phen.
The lawyers representing Fen Phen were charged with ethical 22 violations regarding their supposedly unethical treatment of the settlement money. the lawyers and a third lawyer, Melbourne Mills Jr. allegedly conspired to commit fraud. All three lawyers were tried in federal court on charges of committing mail fraud. Melbourned Mills Jr. was acquitted of the federal charge. Gallion and Cunningham were not. The two face another trial in federal court. Because of the 22 ethical violations they have been charged, both rendered motions to the Kentucky Bar asking to be withdrawn as attorneys in Kentucky. They have been disbarred permanently and can never try to be reinstated as attorneys.
The ethical rule violated by these lawyers is that lawyers are not to cause to have harm happen to their clients. The problem in that case cited here was that these lawyers risked their clients Fen Phen to be sued due to the action which constitute legal malpractice. I agree according to information provided.
The lawyers represented Fen Phen. They violated the rights of Fen Phen's former customers through mis directing their settlement money. Those former customers of Fen Phen could sue Fen Phen due to Fen Phen's lawyers action. Violating or causing potential harm to clients constitutes mal practice and can lead to disbarment of the lawyers found to be guilty of mal practice.
Both lawyers were found guilty at their first federal trial of committing mail fraud. Their duty to their client was to prevent them from facing lawsuits not to give reasons for more lawsuits from their former clients who had obviously won their first lawsuit against Fen Phen.