Thursday, August 2, 2018

Integrity, Bob Malm and Jeff Chiow

Following the decision by the Venango Court of Common Pleas to block Bob Malm’s abusive attempt to subpoena my mother, who is in the final stages of COPD, there’s been a flurry of legal skirmishing. I won’t go into details, but I will share a few observations:
  • Jeff Chiow claims to have been unaware that Mom has end-stage COPD. That’s a curious claim, as 1)  It’s discussed on Mom’s website and in various posts on my website. 2) He and Bob Malm are known to have discussed the topic on multiple occasions, going back to at least February 2018. Thus, Jeff’s memory appears to be spotty, at best.
  • Jeff Chiow also has complained of lack of notice. However, there is no evidence he notified Mom’s attorney, Hank Gent, of the impending subpoena. At a minimum, most would consider this to be professional courtesy. Having apparently failed to do so, it is disingenuous in the extreme for Jeff to now claim that HE lacked notice apropos the response of Mom’s litigation attorney.  Thus, it is ironic that Jeff now both complains about the results of his own actions, and is forced to engage in speculation as to when Mom received notice. Of course, if I am wrong, Jeff no doubt will have a copy of the certified letter or other documentation by which he notified Mom’s attorney.
  • Jeff Chiow appears to be painfully, even excruciatingly, unaware of the relevant rules of civil procedure. (Note to self: Never hire a contracts attorney to do trial work!)
One also is reminded of disciplinary rule 4.1, which provides:

Rule 4.1 Truthfulness In Statements To Others

In the course of representing a client a lawyer shall not knowingly:
(a) make a false statement of material fact or law to a third person; or 
(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.