Showing posts with label Ethics. Show all posts
Showing posts with label Ethics. Show all posts

Friday, October 3, 2014

Confidentiality Manipulated to Destroy an Adversary

"The Model Rules serve to advance the duty of preserving a client’s confidences at the expense of those injured by a fraud by the client." - American Bar Association

Without regard for the victim, Confidentiality is applicable to lawyer-client fraud.
Confidentiality is system-wide - incorporating ALL lawyers, ALL judges, and ALL law enforcement.
[ The "THEY" to whom the victims of injustice often refer. ]

This Confidentiality has no support in ethics, morality or law. A repugnant failure in logic, morality and ethics, this practice could never become a proper law under the US Constitution... unless lawyers, judges and law enforcement ignored the lawlessness and their professional oaths. This is exactly what they did.

In 1983, the American Bar Association knew that their Model Rules were unconstitutional. Yet, the ABA proceeded to every state supreme court misrepresenting the Model Rules as a code of ethical conduct to be enacted into law.

The Rules of Professional Conduct recognize that a lawyer/client may commit a fraud and take advantage of the lawyers services in the commission of the crime.

CONFIDENTIALITY EXTRAPOLATED:
A client could manipulate their lawyer to participate in a fraud,
and
A lawyer could manipulate their client to participate in a fraud.
and
A lawyer could manipulate the judge to participate in a fraud.

Confidentiality prevents disclosure to the victim.
Confidentiality requires obstruction by ALL lawyers, ALL judges and ALL law enforcement.
- Unified AGAINST the victim of a fraud.
Confidentiality extends to and encourages further frauds against the victim.

This 'Confidentiality' has no support in Ethics, Morality or Law. Permission to undermine integrity and obstruct justice remains WRONG, even when concealed in a professional code, an ethics policy or a law.


The scenario is presented sincerely and without unnecessary suggestions or broad aspersions to the integrity of the judiciary.

The problem is a systemic mandate for participation AGAINST the victim.
All available personnel and resources can be utilized towards the efforts to maintain Confidentiality.
The victim is denied and prevented information preventing redress or resolution of the fraud.
The victim is further exposed for future acts of fraud equally protected under confidentiality.
The victim is prevented from any justice.
The victim is prevented from life, liberty and happiness.
The victim is prevented from any escape.

Where the judiciary has been manipulated, the judge is mandated to sacrifice their integrity to conceal their own involvement, or to conceal the involvement of prior judges.

Where a judge may take action to address the lawyer's manipulation, Confidentiality prevents the lawyer's client from being adversely affected, while permitting the victim to be further victimized.

Where the judge may report the lawyer for disciplinary action, Confidentiality creates a void around the situation which prevents the victim from presenting that evidence for appropriate consideration by the court, further denying justice, relief or protection of the law.

Where the disciplinary board may briefly suspend the lawyer, confidentiality prevents the victim from the information or any explanation while the courts neglect to schedule proceedings during the suspension.

Daily penalties, directly related to the litigation before the court, potentially accrue while the court fails to schedule the hearing until the suspension is served. Confidentiality of the complaint, any proceeding, and the decision is maintained while the victim is prevented from proceedings; denied explanation for the delay; and faces the daily multiplier applied to any penalty.

Confidentiality prevents the judge from any explanation for adjusting the accounting. The fraud is rewarded at the expense of the victim.
In Disciplinary Proceedings, where the lawyer admits guilt, the entire process and outcome is kept confidential. Rule 1.6 provides an incentive to commit fraud which will trigger Confidentiality and undermine the opponent.


The Confidentiality extends to every aspect of the case, the victim is further victimized in every instance.

Efforts to conceal 'Confidential' information from the victim expands to involve the court and courthouse staff in the deception and conspiracy in furtherance of the fraud.

The victim presents evidence and testimony. The lawyer neglects to address or counter the testimony where 'confidentiality' applies. In orders and opinions, the judge neglects to address 'confidential information' in Findings Of Fact or Considerations. Confidentiality leverages evidence and testimony to be ignored and not considered even when discovered and presented.

When the failure to address the testimony, evidence and rule of law is raised, the judge recuses without explanation. The judges integrity is sacrificed to participate in a fraud while the victim is denied redress, resolution or justice.

Under the Model Rules, the victim is denied the protection of the law, the state constitution and the US Constitution with no opportunity for resolution or escape from further incidents. The victim is prevented from justice by a system-wide conspiracy of Confidentiality initiated by a fraud. The fraud being unintentional, or deliberate, is inconsequential to the systemic affect on the victim.

In civil, criminal and family courts, a single act of fraud is all that is necessary to trigger a complete loss of rights, due process and protection of the law pursuant to Rule 1.6 Confidentiality from which there can be no escape.


The Model Rules collaterally deny, obstruct and prevent the constitutional rights of a litigant.

Not Constitutional, so it cannot be law.
Not Ethical, so it cannot be an ethics policy.
Not Moral, so it cannot be a moral principle.

Rule 1.6 Mandates Confidentiality where an unintentional, or deliberate, act of fraud committed by a lawyer or their client is ignored, excused and concealed while affecting the proceedings and undermining the authority and integrity of the judiciary which denies prevents and obstructs any just resolution and leaves a litigant exposed to future injustice by simple reference. Rule 1.6 is unethical, immoral, unconstitutional, repugnant, unlawful, dishonest, and contradicts the very nature and purpose of a judicial system.

As a Professional Code, the Confidentiality decision was at the discretion of the lawyer. Where that discretion may violate law, ethics, and morality, the discretion for the decision rested with the lawyer along with any liability and responsibility.

WHEN ENACTED INTO LAW, the Confidentiality became a MANDATE with the collateral effect including the loss of constitutional protections which denied redress or resolution within the courts; prevented prosecution of the fraud; and endorsed abuses of power under color of law by every level of state and federal law enforcement. No accountability. No liability. No responsibility. Leaving a litigant without basic human rights, civil rights, constitutional rights or hope.

Clearly affecting the substantive rights of a litigant, the Supreme Court of Pennsylvania lacked the authority under PA Const Article V Section 10(c) to enact Rule 1.6 to law.

This unconstitutional law which has been improperly enacted must be addressed by the Pennsylvania Legislature which has the exclusive authority under PA Const Article I Section 12 to suspend the improperly enacted unconstitutional law.

The Model Rules have no basis in truth, morality, or ethics.
The Model Rules contradict the American values defined in the Declaration of Independence, the Bill of Rights and the US Constitution.

For all those years as a Code of Conduct, the Model Rules had included the fraud provisions which permitted disclosure.

In 1983, Removing the fraud provisions caused the Model Rules to become unethical, immoral, unlawful, inappropriate, unconstitutional and repugnant.

Rebranding unconstitutional Model Rules as an Ethics Standard to promote them to be improperly enacted into law, the American Bar Association exposes a sociopathic disrespect and contempt for the judiciary and abject malfeasance towards a nation who will be terrorized by their systemic perversion of justice.

Specifically, the needle in the ABA haystack of injustice, Rule 1.6 Confidentiality of Information is a deliberate deception. On its face, Rule 1.6 indicates ALL MISCONDUCT MUST BE REPORTED to the proper authority. Upon application of cross references throughout the Model Rules, the requirement to report misconduct is entirely undone. Rule 1.6 was not titled "REPORT ALL MISCONDUCT".

Lawyers are often accused of twisting words.
Unethical Ethics Standard???
Unconstitutional Law???
Professional Conduct???

There is no denying or excusing the result of the ABA's efforts, their knowledge of the unconstitutional effect, the deliberate misrepresentations to the Judiciary, the sedition of their actions upon the state and federal governments, and the limits which they would exceed to conceal their crime against an entire nation.

stick-me-with-a-fork-im-done-tracy-glantzAt no time was the ABA protecting the integrity of the judiciary and the reputation of lawyers as much as protecting the organization's interests which usurped judicial authority through manipulative actions which perverted justice. The ABA shamed and corrupted state and federal judiciary and robbed it's membership, and the legal profession, of integrity and honor.

Pretending that corruption was legal.

What the hell were they thinking?

Everyone participating in silence?

Persevere. Justice is Coming.

Every. Person. Matters.
Those lawyers who parrot that America has the 'greatest judicial system in the world' may only believe that because they were successful in stealing 40 million homes through foreclosure fraud while avoided any prosecution because of Confidentiality.

Thursday, October 2, 2014

Ethics becomes No Ethics at All

In 1987, the Pennsylvania Supreme Court enacted the Rules of Professional Conduct into law describing the rules as "a minimal ethical standard" for the practice of law.
disciplinbrd

Ethics seeks to resolve questions dealing with human morality - concepts such as good and evil, right and wrong, virtue and vice, justice and crime.

Ethics involves systematizing, defending and recommending concepts of right and wrong conduct, and methods to address disputes.

Ethical Standards are principles which when followed, promote values such as trust, good behavior, fairness, and/or kindness.

There are four general factors which are involved in ethics.
1) Law, 2) Policies, 3) Individual Application. 4) Consequences

1) Law - A society is bound by laws. These laws define the difference between right and wrong, and what is considered acceptable behavior. People must abide by the laws.

2) Policies - Within society, or within smaller groups, a set of clearly stated, highly ethical policies takes the guesswork out of decisions made which represent the group. When properly trained, members actions and reactions become second nature. Ensuring those policies are ethically sound removes the possibility for improper actions or decisions.

3) Individual Ethics - Individuals determine their personal integrity and moral values based on heritage and upbringing, education, and positive reinforcement of ethical actions.

4) Consequences - The consequences for ignoring or breaking an ethical standard exist within each factor. Violate the law and you will be prosecuted. Violating a policy and the infraction affects the group - the action affects the respect accorded the group and can negatively impact the morale of other members. Noncompliance with ethical standards at the individual level damages integrity and reputation.

An Ethics Policy MUST provide a process to resolve conflicts which permits those experiences to benefit the individual through information, the group through policy adjustment and training, and society which can enact laws to prevent future conflict.

Where ethical conflict resolution does not develop and promote ethical behavior, the individual, the group and the society are prevented from the experience, knowledge and reinforcement of an ethical standard.

Ethics develop personal integrity and moral values. Groups benefit from the personal ethics of members which further promotes the reputation and integrity of the group. Society systematizes, promotes and defends the laws developed from the moral and ethical standards of the people.

A societies concept of good and evil, right and wrong, virtue and vice, justice and crime is derived from the values of it's people.

Ethical behavior is good, right, virtuous and just. Unethical behavior is evil, wrong, a vice and a crime.

A society uses laws to promote, protect and encourage the ethical behaviors and beliefs within the society while discouraging, prosecuting and correcting the unethical ones.


FOUNDED ON PRINCIPLES

The Declaration of Independence, The Bill of Rights and The Constitution of the United States include the basic concepts upon which the United States was established. The documents include the general principles and ethics for our society which have been and are used to understand, interpret and develop the laws.

The US Constitution is the Supreme Law of the Land - the moral and ethical standard under which our society agrees to exist.

Federal Law cannot exist where it violates the US Constitution.

State Constitutions exist within the framework established in the US Constitution.

State Law cannot exist where it violates the State Constitution or the US Constitution.

If any law is unconstitutional, it is not a law. EXCEPT... that only works in principle. Until a law is not a law, it is still pretty much a law. Lawmakers review proposed laws during their construction for constitutionality, and sometimes a situation is not realized. The Not-A-Law gets enacted, signed by the Executive, and that Not-A-Law then begins to affect the society.

The unconstitutional Not-A-Law is not consistent with the moral and ethical standards of society and can cause 'damage' to individuals or groups until the issue is addressed.

On Petition, the courts review the issue of constitutionality and decide if
a) The law is the law.
b) The Not-A-Law is a nullity.

** The Courts have dismissed the Constitutional Challenge of Rule 1.6. The basis for dismissal is unsubstantiated. The doctrine for dismissal does not apply to pre-emptive constitutional challenges. Facts are ignored. Everything dismissed on paper without any hearings.


PRESENTMENT OF UNETHICAL RULES BY THE AMERICAN BAR ASSOCIATION ENACTED BY STATE SUPREME COURTS INTO UNCONSTITUTIONAL LAW



The American Bar Association developed the Rules of Professional Conduct and presented them as an ethical standard for lawyers. "The Rules" are actually not based or supported by ethical or moral principles. "The Rules" are based on continuing in the way things have always been done - using the same flawed logic for supporting statements. One pervasive concept throughout the ABA ethics program is the constant cross reference to Rule 1.6 CONFIDENTIALITY of INFORMATION.

Rule 1.6 is a deception. At face value, Rule 1.6 requires the lawyer take responsibility and accountability by reporting all acts of misconduct to disciplinary authorities. That moral high ground erodes quickly upon application of the cross references which mandate silence. Excusing silence where the information would adversely affect the integrity of the judiciary... or affect the reputation of the legal profession... or affect their law offices... or affect their client. The resultant Rule 1.6 is empty and left completely ineffective to address reporting the misconduct which on its face could suggest esteem-worthy. In the void left behind, Rule 1.6 is an aggressively enforced mandate of confidentiality which conceals corruption and injustice within the judiciary and the legal profession. [Shaking Head] Well, Rule 1.6 is not titled REPORTING MISCONDUCT - because it's not about that. Rule 1.6 is titled CONFIDENTIALITY OF INFORMATION - and it is all about silence, and maintaining confidentiality without the interference of ethics, morals or conscience.

A Group has presented their group policy to the state to elevate into law.


WHY? [No Answer]

As a group policy, constitutionality is not generally problematic. Group Policies must still follow the LAW. Group policies typically refine or specify "a higher ethical standard" which benefits the group through higher esteem, reputation and integrity.

The ABA knows that the "Model Rules" violate the US Constitution. In February 1983, the ABA House of Delegates had met, debated and decided to further remove provisions in the Confidentiality clause. Already constitutionally questionable, the removal further affected the rights of the victims of fraud.

The ABA removed two provisions from Rule 1.6 Confidentiality which permitted a lawyer to speak where silence would conceal or permit “substantial injury to the financial interests or property of another";
and
where the lawyer was seeking "to rectify the consequences of a client’s criminal or fraudulent act in the furtherance of which the lawyer’s services have been used.”

The decision by the ABA is clearly on the wrong side of the law, AND contrary to the moral and ethical standards of society.

WHY DID THE ABA PRESENT THEIR RULES TO THE STATE SUPREME COURTS TO ELEVATE INTO LAW KNOWING THAT THEIR CONFIDENTIALITY CLAUSE WAS UNCONSTITUTIONAL?

Participating in a crime, voluntarily or not, lawyers are mandated to conceal information which denies, prevents and obstructs justice. The revised Rule 1.6 Confidentiality of Information affect the victim's rights which are believed o be secured by the First Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Tenth Amendment, Fourteenth Amendment to the Constitution. Further, the mandated silence causes the lawyer to directly participate in the commission and furtherance of a crime, and to conceal that personal participation and involvement from all law enforcement authorities.

imagesSeriously, the "minimum ethical standard' joke should have been the punchline. The ABA Model Rules is a code of unethical conduct, enacted into unconstitutional law, MANDATING a lawyer sacrifice personal reputation, ethics, integrity and morality.

The 'minimal ethical standard' descriptor seems greatly over-exaggerated where the rules require unethical, immoral, and illegal behaviors.

A Group policy which violates ethics, morality, justice and the Law destroys the ethical integrity of the group.



THE CONTRADICTION IS OBVIOUS. ABA ETHICS ARE JUXTAPOSED



The ABA mandated unethical and immoral participation in criminal actions by attorneys which permit the commission and furtherance of a fraud and the conspiracy to conceal the crime from law enforcement and prosecution. The ABA's Rules of Professional Conduct is void of ethical considerations.

And...
But...
The American Bar Association has actually done it. The ABA has made unethical behavior a requirement within their Rules of Professional Conduct - their 'minimum ethical standard".

The unconstitutional law has been enacted by every state supreme court. It would take 25 years to find the constitutional problem. Rule 1.6 Confidentiality effectively concealed judicial corruption, injustice. The courts ignored the Rule of Law and the US Constitution without being held accountable.

The nation would quickly begin to notice that something is wrong with the US Constitution.

A President would snap that "The Constitution is just a god-damned piece of paper."

The stage was set. The fraud of the National Foreclosure Crisis began in states where the commission of fraud by lawyers within the court was kept CONFIDENTIAL. No one has been prosecuted.

NATIONAL FORECLOSURE CRISIS - FORECLOSURE BY FRAUD

The ABA lack of ethics was exploited to foreclose upon the homes of MILLIONS AND MILLIONS of Americans while constitutional rights and the Rule of Law was ignored by the court. Every level of law enforcement was prevented from action ... by a confidentiality clause.

... by an unconstitutional confidentiality clause.


KIDS FOR CASH - Luzerne County Pennsylvania

Two judges exploit the mandate of confidentiality while receiving kickbacks for placing over 4000 children in prisons. Lawyers and judges remained silent. Complaints to the PA Supreme court were unheeded. Human Trafficking of Children in Pennsylvania. AMERICAN CHILDREN were unprotected by the US Constitution, the PA Constitution and the Rule of Law. The lawyers and EVERY level of law enforcement was prevented from action ... by a confidentiality clause.

... by an unconstitutional confidentiality clause.

Until a judge contacted federal authorities violating Rule 1.6 Confidentiality. Judge Ann Lokuta was promptly removed from the bench for adversely affecting the integrity of the judiciary. Ciavarella and Coonahan had been permitted to affect the integrity of the court under an unconstitutional veil of confidentiality.


Civil, Criminal and Family Courts - ALL AFFECTED

An act of fraud, judicial misconduct or injustice is all that is required to cause the complete loss of constitutionally protected rights for litigants in the American courts.

There is no one to enforce the US Constitution where every state and federal judiciary has lost judicial independence, jurisdiction and immunity all caused by a mandate of confidentiality. Americans are unprotected by the US Constitution, the PA Constitution and the Rule of Law when every lawyer and EVERY level of law enforcement is prevented from action ... by a confidentiality clause.

... by an unconstitutional confidentiality clause.


TREASON - A deliberate act of sedition by the American Bar Association which undermined the judiciary at state and federal levels and prevented the government from it's proper function.... executed in every state from 1984 to 2009.


DID NOT ONE OF THE 50 STATE SUPREME COURTS REVIEW THE RULES BEFORE THEY ENACTED LAW?

[COUNTERPOINT]
BUT, when a lawyer knows something is unconstitutional, they will fight for their client. They will report and expose the corruption within the judiciary.

That is a beautiful and respectable ideal which completely ignores reality.

Before the issue of corruption is heard in any court, the constitutional advocate/civil rights lawyer will be suspended from the practice of law, or disbarred, for adversely affecting the integrity of the judiciary and the reputation of lawyers.

The lawyer's personal reputation will be attacked. The lawyer's careers will be maligned. They will become disenfranchised from the community of lawyers. Those actions against the lawyer, though criminal, are considered acceptable and appropriate when exposing the truth would violate Rule 1.6 Confidentiality of Information - any publicity would adversely affect the integrity of the judiciary and the reputation of lawyers.

Additional events extend the same state Rule 1.6 Confidentiality Rule to include all state and federal courts... and every level of state and federal law enforcement. There seems to have been great effort has gone into assuring that an KNOWN TO BE UNCONSTITUTIONAL state law which inexplicably trumps the Rule of Law, the state Constitution and the US Constitution affects every court jurisdiction and all state and federal law enforcement.

Where the state Supreme Courts may have recognized their error, The Rule 1.6 Confidentiality clause prevents even the supreme court from addressing their own misdeed.

At every level of the courts, and law enforcement, there exists an ABA affiliated bar association and the opportunity to undermine and interfere with the course of justice. Efforts which prevent access to the courts, including forgery and issuing unsigned per curiam orders, are unexplained, omit facts, create fictions and fail to cite the applicable law. Rule 1.6 Confidentiality extends to conceal any effort action which prevent the judiciary from being adversely affected.

The Judiciary in whom the people placed their trust has become undone by the American Bar Association. The ABA has undermined the authority of the judiciary by affecting judicial independence which is an essential element for jurisdiction. The authority of the courts has been leveraged throughout the government undermining the Constitution, affecting and ignoring the overreach of the Executive, while observing the failure of the Legislative branch which is determined to accomplish nothing.

The United States Constitution needs to be rebooted.

Removing Unconstitutional Rule 1.6 is the first step it the recovery from the corruption and injustice of the last 25 years.


Rule 1.6 Confidentiality of Information is unconstitutional, immoral, unethical, improper, prevents, defies, conceals, undermines, usurps, destroys, overwhelms. Rule 1.6 KILLS.

Justice is coming.

Every. Person. Matters.

Tuesday, September 30, 2014

Rule 1.6 was stripped of Ethical Considerations

Ethical considerations can be addressed at individual and at societal levels. The way that individuals are affected by the conduct of others merits ethical consideration.

While the term ‘ethics’ is used in a wide variety of senses, its meaning consistently relates to an ‘ethos’ or ‘way of life.

Compliance means following rules because you have to; ethics is doing the right thing because you want to, or realize that it is in the best interest of others and society. An individual only interested in compliance will look for loop-holes in law, rules and regulations. If such an individual can accomplish his goals and stay technically compliant, he will do so even if his conduct causes harm.

An ethical individual, in contrast, is concerned about meeting the spirit of rules and laws, and mere compliance will not be sufficient if the conduct isn’t also good and right.

The Model Rules are described as a minimal ethics standard for the profession of law.

In 1983, the ABA affirmed its position that the attorney-client privilege should greatly restrict an attorney's ability to disclose client misconduct.

In February 1983, the ABA House of Delegates met to discuss the then-proposed Model Rules of Professional Conduct(Model Rules). Proposed Model Rule 1.6 contained two provisions that many cast as a radical assault on the traditional scope of the attorney-client privilege.

The first provision would have allowed an attorney to reveal client confidences in order to prevent "substantial injury to the financial interests or property of another."

The second provision sanctioned disclosure "to rectify the consequences of a client's criminal or fraudulent act in the furtherance of which the lawyer's services have been used."

The House of Delegates rejected both proposals after a heated debate. The rejects provisions were not without a basis in ethical consideration. Those two 'ethics' provisions, which considered the impact on other people, would have prevented the confidentiality clause from undermining the constitutional rights of litigants. The removal created an ethical standard which completely ignored the existence of an opposing litigant.

Smoking_Finger_by_jeremiahjosephThe Model Rules serve to advance the duty of preserving a client's confidences at the expense of those injured by a fraud - by the client or the lawyer.

Nevertheless, further debate on these provisions is not reported while states decided whether to adopt the Model Rules. The failure to fully consider the ethics or constitutionality issue within the states is unexplained.

The ABA's failure to consider the impact of confidentiality on the opposition in a civil matter is a failure of any true ethical consideration. This is exacerbated as the ABA further neglected to consider the impact on the constitutional rights of either litigant. Where the confidentiality mandate can be further manipulated and leveraged to conceal the fraud by the judiciary, it undermines the integrity of the judiciary which is sacrificed to conceal the fraud upon the court. This leaves Rule 1.6 without any basis in ethics as it fails to consider the way others are affected.

The Rules of Professional Conduct are promoted as a 'minimal ethical standard' for lawyers by the Pennsylvania Supreme Court. In the case of Rule 1.6 Confidentiality, which is cross referenced within most of the other rules, minimal ethics is no ethics.

In 1991, the ABA again rejected the rectification provision.

There is no indication that the ABA ever considered the CONSTITUTIONALITY of Rule 1.6 Confidentiality of Information.

There is no indication that any state considered the lack of ETHICS or the CONSTITUTIONALITY of Rule 1.6 Confidentiality of Information.

The misguided excuses for attorney client privilege are left unsupported by reality. Every case is not a criminal case. Where attorney-client confidentiality obstructs truth and denies justice, the integrity of the courts and the entire judicial system is greatly diminished.

The most serious substantive problem in the Model Rules relates to lawyer-client confidences. Other serious substantive deficiencies relate to trial publicity, solicitation, prosecutors' ethics, competence, client autonomy, the revolving door problem, and various other aspects of the lawyer-client relationship. Other substantial policy and constitutional concerns underlie confidentiality.

The Kutak Commission's proposals regarding confidentiality are fundamentally inconsistent with the constitutional components of the adversary system, and with the values and policies to which they give meaning.

The ABA's insistence on placing the duty of loyalty to the client before the duty of fairness to others has prevented the ethical codes from providing an effective solution to the dilemma.

Since 1983, the ABA has failed to present any effective solution to the dilemma
WHILE...
... the Model Rules have been promoted and enacted by every state. (1984 New Jersey to 2009 Maine)
... the enacted state "Rules of Professional Conduct" are incorporated into the federal circuit and district courts by LOCAL RULES
... the McDade-Murtha Amendment incorporates the state 'Rules of Professional Conduct' into practice for each government attorney.

The Model Rules have deliberately failed to recognize the effect of Rule 1.6 Confidentiality upon the opposition in civil litigation. Further, where an attorney manipulates confidentiality mandates to undermine the court's jurisdiction and the Rule of Law, the integrity of the court becomes entangled in constitutional violations which cannot be addressed or resolved without violating confidentiality. The Rule of Law and Constitutional violations are ignored and neglected by the Department of Justice and the federal courts who must follow the state's confidentiality law.

One Rule - stripped of ethics - enacted without any constitutional considerations - undermines the authority and integrity of the state and federal judiciary while preventing enforcement of constitutionally protected rights by the government - UNCONSTITUTIONAL - Improperly enacted - Repugnant - A NULLITY.

Dean Redlich of the New York University Law School assessed the ABA's vote on the Model Rules by stating: 'The practice of law, if done by sensitive people, creates financial risks and moral dilemmas.... These votes reflect a strong desire to eliminate those moral dilemmas by self-imposed rules that narrow or eliminate the choices a lawyer has.'

Client and Attorney misconduct poses an ethical dilemma which the legal profession has failed to resolve, and failed to consider while enjoying an autonomy from regulations and ethical rules. The ABA's ethical and constitutional failure, demonstrated by the rejected provisions, were intentional and deliberate where they failed to address the matter for over 25 years. The unconstitutional result denying Americans of their constitutional rights and the protection of the law - Foreclosing on millions nationwide - Concealing human trafficking of thousands of children by judges in Luzerne County - Enabling destruction within the Family Courts.

The ABA knew of the unconstitutional effect of the Model Rules and Rule 1.6 Confidentiality of Information. The ABA still presented the Model Rules to the state Supreme courts to enact into law.

[ WE STILL DO NOT HAVE ANY EXPLANATION AT WHY IT WAS NECESSARY TO ENACT THE RULES INTO LAW. It turned the discretion of the lawyer to make an ethical decision into an aggressively enforced mandate of confidentiality. ]

The state Supreme Court does not have the authority to enact a law which affects the substantive rights of litigants which are protected by the state Constitution and the US Constitution.

Unconstitutional Rule 1.6 Confidentiality of Information was never properly enacted into law in any and every state.

Rule 1.6 is a NULLITY. Restore my constitutional rights and provide me with the equal protection of the law and prepare to address the actions of 20 judges of the Montgomery County Pennsylvania judiciary who have abused their power under color of law with their judicial independence undermined and lacking jurisdiction while denying my constitutional rights and ignoring the Rule of Law.





REFERENCE SOURCES: F. Krach, The Client-Fraud Dilemma: a Need for Consensus, 46 Md. L. Rev. 436 (1987)
Available at: http://digitalcommons.law.umaryland.edu/mlr/vol46/iss2/9

On Ethics and Expediency - The ABA's Dubious Vote on Disclosure of Client Fraud

The Lawyers Allegiance- Priorities Regarding Confidentiality

Rectification of Client Fraud

BrooklynLaw-Dangerous-Liasons-Gauthier

The Kutak Model Rules v. the American Lawyers Code of Conduct January 1, 1981. In this document Monroe Freedman points to the ethical and constitutional problems caused by Rule 1.6 Confidentiality of the Model Rules. Failing to find a resolution in the end, the ABA ignored that there is any problem and provided the states with an unconstitutional law which violated substantive rights of litigants. The state supreme courts lacked the authority to enact the Model Rules as Rule 1.6 is repugnant to the Constitution of the United States and a nullity.

In effect, the Model Rules place the lawyer in the position of having to violate the client's constitutional rights to effective counsel in order to conform to a "model" rule of conduct. This is both unnecessary and unjustifiable. Confidentiality is basic to effective lawyering. Thus, by undermining the confidentiality between the lawyer and the client, the Model Rules would destroy the most fundamental of constitutional rights.<./td>

Monday, May 5, 2014

Rule 1.6 Discretion and Utility

This document dates back to 1984. Rule 1.6 had only just begun undermining the American Judiciary. The Supreme Courts in each state were without proper authority enacting an unconstitutional 'law' with the full knowledge that Rule 1.6 additionally had serious ethical and moral problems.

ENACTING RULE 1.6 INTO LAW WAS A DELIBERATE ACT OF SEDITION DONE WITH INTENT TO COMMIT INJUSTICE.

The Ethics and Morality issues are well documented. Lawyers, who are the people usually authoring these Legal Reviews, always stopped short of the UNCONSTITUTIONAL label. If they were to write it, they would be violating the'law' and face discipline.

In this article, Rule 1.6 represents two incompatible views. The permissive language of the text of the Rule accomodates the view which favors disclosure. The policy statements accomodates the view which would prohibit disclosure. In the Constitutional Challenge of Rule 1.6, I refered to this incompatibility as a self-nullifying feature of the statements which comprise Rule 1.6.

FORDHAM URBAN LAW JOURNAL
Legal Ethics: Discretion and Utility in Rule 1.6

Charles A. Kelbley
Fordham University
No other professions require practitioners to identify so closely and completely with the interests and confidences of their clients, as in the legal profession. Unlike doctors, preists, rabbis and other professionals, the lawyer is an advisor but also an advocate.

Rule 1.6 is a major flaw in the legal professions history of self-discipline.

The rule fails the test of logic because the concept of discretion which it reflects is self-contradictory.

The rule is a crude form of utilitarianism and should be reformulated to require disclosure whenever clients have no right to confidentiality and their conduct would constitute unjustified aggression or seriously invade the interests of others.

[It is not the intention of this web site to infringe on copyrighted material. The Document presented above is widely available and can be found by anyone who searches on the internet.]