Wednesday, July 22, 2020

Reciprocal Censure For "Discriminatory And Demeaning" Letter

A reciprocal public censure is summarized on the web page of the Colorado Presiding Disciplinary Judge

On September 4, 2019, the Supreme Court of New Jersey entered an order publicly admonishing Respondent. The sanction was premised on Farmer’s transgression of New Jersey Rule of Professional Conduct 8.4(g), which prohibits a lawyer, in a professional capacity, from engaging in certain conduct involving discrimination. The New Jersey court found that Farmer, in his professional capacity while representing a client in civil litigation, wrote a letter to the opposing party with statements that were “discriminatory and demeaning on their face” based on the opposing party’s Chinese heritage.

The ABA Journal reported on the New Jersey sanction and linked to the recommendation of the Disciplinary Review Board that quotes the letter

I am/was not a student of Chinese culture. So I did a little research and found that "In fact, lying to achieve some business or social aim, and getting away with it, is considered to be a sign of intelligence and social skill among many Chinese." See/25/http://thelinguafranca.wordpress.com/2008/03d o-the-chinese-lie-that-depends/. Also, in the Chinese culture, "lying has become a means to an end." See http ://Ezine Articles. com/1435598.

Having read those articles as well as other related articles, it is starting to make sense to me. Your client’s only problem is that even though he is a doctor, and he thinks that he can lie his way through this matter, he is not going to get away with it. I am someone who is smarter than the average person on the street, and am wise to his nonsense, trickery and chicanery. I trust by now you are as well, and have/will counsel him accordingly...

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2020/07/a-reciprocal-public-censure-is-summarized-on-the-web-page-of-the-colorado-presiding-disciplinary-judge-on-september-4-2019.html

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