June 22, 2011
Would You Hire a Disbarred Attorney to Mediate Your Case?
That's just what former securities class action lawyer Melvyn I. Weiss is hoping, according to the New York Times Dealbook. Mr. Weiss was disbarred after pleading guilty in 2008 to making illegal kickback payments to his plaintiff-clients in securities litigation.
There are some possible ethical concerns with Mr. Weiss working as a mediator because he would be drawing on his legal experience. I have not done much research in that area, but I can see both sides of the issue. I could imagine someone wanting Mr. Weiss's input, given his experience, but I just can't see hiring him as a mediator. Even if it's permissible for him to act as a mediator, it just doesn't seem like a good idea.
Perhaps I am wrong and he brings something so unique to the table that it would make it worth hiring him. I don't know what that would be, but I welcome any thoughts.