The Lakin case and the Rules of Professional Conduct
By Dwight Sullivan, June 13, 2010
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So-Crate’s post in an earlier thread suggests an interesting question:
Did Paul Rolf Jensen, LTC Lakin’s civilian defense counsel, violate the California Rules of Professional Conduct?
It’s apparent from one of Mr. Jensen’s web sites, here, that he was personally involved in making LTC Lakin’s initial video (available here) in which LTC Lakin declared his intent to “disobey what I believe to be illegal orders” and have himself court-martialed. California Rule of Professional Conduct 3-210, available here, governs “Advising the Violation of the Law.”
It provides: ”A member shall not advise the violation of any law, rule, or ruling of a tribunal unless the member believes in good faith that such law, rule, or ruling is invalid. A member may take appropriate steps in good faith to test the validity of any law, rule, or ruling of a tribunal.”
Thus, Mr. Jensen did not violate Rule 3-210 if, when he at the very least helped LTC Lakin make his video declaring his intention to violate orders, including his order to deploy to Afghanistan, Mr. Jensen believed in good faith that the orders LTC Lakin intended to disobey were invalid. And that raises a factual issue as to Mr. Jensen’s specific intent about which I have insufficient information to opine whether he violated Rule 3-210.
Of course, no lawyer who had performed adequate research should believe that LTC Lakin’s deployment orders were invalid. Thus,if Mr. Jensen did have the good faith belief necessary to sail into Rule 3-210’s safe harbor, he might have violated California Rule 3-110 by failing to apply the proper diligence and learning and skill before at the very least helping LTC Lakin make his first video.
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Praying for savvy defense attorneys.
~~Ping!
I think a deal is in the making: He waived his right to a fair Article 32, UCMJ, hearing for a discharge that would entitle him to retirement--IMHO.
That amicus brief by Cody Robert Judy should do the trick. After all, he ran for president! </sarcasm>
I know Karl Horst. Karl Horst is as hard as Woodpecker lips. I can’t say what he will do in this case, but he won’t put up with any nonsense. If I were LTC Lakin, I would be preparing for trial.
All of this is unfortunate. Lakin allowed someone to convince him that he could be the hero by finally providing the elusive standing that would unravel HRH Obama I. That was never going to happen. If the civilian courts wouldn’t touch it with a ten foot pole, whatever convinced him that the military justice system would go anywhere near it? So all that is left is disobedience of orders. Career down the tubes.
Ping
As far as him being somehow misled by others... Col. Lakin knows exactly what he is doing it is called making a sacrifice for his country. Whether or not those here chose to acknowledge this couldn't be more irrelevant. The man is a surgeon. I would pit the intelligence of a surgeon against an ambulance chasing attorney any day of the week. He has not been misled. He knows exactly what he is doing. He is a patriot.
As I suspected Lakin’s lawyers sabotaged his case from the start. Obama wants to make an example of him.
They’ll choose administrative discharge. They get cover and no discovery.
ping
