Under the ABA model rules of professional responsibilities, which serve as the basis for the state rules of professional responsibility that regulate attorney conduct, there are several provisions that may apply.
Pursuant to rule 4.1, for example, there is an obligation to be truthful in statements to others. In relevant part, it provides:
In the course of representing a client a lawyer shall not knowingly:That is difficult to reconcile with the language of several documents prepared by Jeff, including one that references a purported church shooting in a nonexistent town in Texas, or his claims that he was unaware that my mother is quite ill, or his statements that I left the church on my own after resigning from the vestry. (If the latter is true, why then did Bob Malm need to send an email directing me to obtain a letter of transfer? And why include Mike in that email? My belief: Jeff is either incredibly dumb, or he’s dishonest, or both.)
(a) make a false statement of material fact or law to a third person;
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law.Having already discussed the various problems with Jeff’s case, Rule 3.1 suggests that Jeff is, at best, on thin ice. This view is bolstered by the comments of the third party attorney, who stated the belief that Jeff is “coming at [me] with a personal vendetta.” That speaks to motive and judgment, and in both, Jeff’s actions and conduct are questionable.
Of course, as an avid reader of my blog, Jeff at this point has had ample opportunity to consider his position and his professional ethics, as well as his personal ethics as a purported Christian. He’s also had plenty of time to consider the implications of his actions for his clients and the reputational damage he is causing. So at this point, we can only wait and see. But my opinion is this: At this juncture, there is no outcome in which Jeff’s clients are better off than they were before Bob Malm’s stupid — and unethical — decision to revive our dispute.