Team Kimberlin Post of the Day

Shadow Attorney General Zeese is a loser. His bio over at the Green Shadow Cabinet seems to revel in his defeats.

He sued the DEA over medical marijuana and lost. He ran for Senate in Maryland and lost. He filed complaints against organizations such as the Chamber of Commerce and American Crossroads and lost. He organized Occupy DC, which wound up fizzling. He has filed numerous bar complaints against other lawyers, most notably against Justice Clarence Thomas, that have gone nowhere.

Speaking of bar complaints, what’s sauce for the goose is sauce for the gander, Mr. Zeese.

41 thoughts on “Team Kimberlin Post of the Day

  1. BOOM!

    I hope Ali sent one of these too, with reference to and a copy of this (link is safe, goes to the Wayback Machine copy of a PDF on the VRUS site).

    • The legal threat you linked to (signed by “Kevin Zeese, Attorney at Law”) seems more offensive to me than what John Hoge bases his bar complaint on. I also hope Ali seeks some kind of justice for that frivolous, threatening letter that falsely says it’s sent by an attorney.

      • There was nothing improper in that letter from Zeese. Attorneys write demand letters all the time based on the information provided by their clients. Requesting that an Organization not destroy documents is not improper if litigation is expected, though it makes more sense to send after suit has been filed. If the clients grossly misstate what has taken place, then an attorney’s letter will appear foolish to those apprised of the facts of what actually took place. Not the attorney’s fault, necessarily, if the client misleads him.

      • I’m not sure how it’s ok for him to sign the letter “Attorney at Law” if he’s not admitted anywhere as a practicing attorney.

        I do admit to you that most of his aid to Brett Kimberlin’s activities don’tnecessarily constitute any ethical violation, although it still deserves criticism.

      • Of course, but I think the issue raised by WJJH is that Zeese was representing a client when he may not have had an active bar membership.

      • OK, based on the explanation you two gave, I see how Hoge’s letter raises something that’s more of a problem to the bar than the NBC letter I mentioned.

      • It’s *acting* as an attorney when one is not licensed to act as an attorney that is the very peculiar part. Assuming, of course, that he had already allowed his liscence to lapse.

      • BK, that letter posted above was from 2012. We don’t know when his license suspended for not paying dues (the dc bar does not state that information). So it is entirely possible that he was fully licensed in 2012 and that there was nothing nefarious about holding himself out as a licensed attorney at that time. We simply do not know enough to reach that conclusion. I have no information one way or the other, but I would caution against jumping to conclusions. If someone DOES have this information, then fine. I don’t, I haven’t read it here, and would simply urge caution.

        For the same reason, I would urge caution for even believing that a filing with his name on it associated with a Kimblerlin organization was even filed by him. Again, we don’t know.

  2. You should also address the letter to the SA in Carroll County and Ali should file a criminal complaint where he is – its also a crime on several levels

    Does anyone on their side have a brain?

    I got a guy banned from twitter – who recently argued in court in sworn statements that twitter isn’t a form of contact – threatening me and others on twitter, sexually harassing someone on twitter – and telling me not to contact him on twitter because I’m interfering with his sexual harassment on – a place where he is banned and has argued under the threat of perjury that Twitter ISNT a form of contact

    As Steve MArtin would say… WELLL EXCUUUUUUSE ME!

    Dumb cannot describe it.

  3. Generally, not improper to merely hold your self out as an attorney if you are licensed, whether that license is active or not. What IS improper is practicing without a license. If Mr. Zeese did that, then he is likely to face a penalty, likely a reprimand if it is a first time offense, was due only for failure to pay a fee, etc. If he has a history of discipline, and he is still practicing, then that could be a problem for him. If he is suspended or disbarred elsewhere, other jurisdictions often also suspend or disbar, because a violation in one jurisdiction is usually also a violation in the other jurisdiction.

    I would caution that just because documents associated with a Kimberlin organization bear Mr. Zeese’s name, that does not necessarily mean Mr. Zeese had anything to do with it… right? I mean it is not like a Kimberlin orginzation would be associated with anyone who forges documents or anything like that, right?

    • This is probably my own misunderstanding of what the bar is really good for, but let me try:

      I thought the value the bar credential provides to the public is that its members have to uphold certain ethical obligations in order to remain members. Therefore, if someone claims to have the credential, you can assume he’s meeting a certain ethical standard since he’s, in a way, given up his livelihood as a hostage.

      These were just my guesses as someone who never looked into it that closely. I’ll never be an attorney.

    • no u cant hold yourself out as an attorney there are a lot of paralegals that have a 4 yr law degree – can’t call themselves anything, until they – pass the bar – apply for their lic – AND get admitted to a court – they are an OFFICER of the court – and maintaining that status is a discipline granted to those that maintain their good standings

      • Esodia has it right. It’s not illegal to call yourself an attorney as long as it isn’t fraudulent (generally you’ve graduated from law school) or suggesting that the person is authorized to practice law in the state.

        Maryland specifically reserves the words “lawyer,” “attorney at law” and “counselor at law” for attorneys. D.C. reserves the words β€œEsq.,” “lawyer,” “attorney at law,” “counselor at law,” “contract lawyer,” “trial or legal advocate,” “legal representative,” “legal advocate,” and “judge.”

        This is not an exhaustive list. But for any other titles you would have to show that the speaker represented to the public that he was authorized to practice law.

        That doesn’t mean Mr. Zeese is necessarily innocent (or guilty) of UAPL, his participation in the lawsuit may be a representation that he is a lawyer, and therefore run afoul of the rule. Similarly, I hardly think that Mr. Hoge’s letter would be any sort of actionable harassment; but I’m sure Team K will try to spin it into their narrative.

      • Actually I think the pretend-journalism wing (think BU) of Team Kimberlin has been pretty quiet about the pretend-charity (think VRUS/JTMP) side of things. I expect the pretend-journalism wing will try to completely avoid the subject. My hunch is that the second wing doesn’t want to be dirtied by the behavior of the first.

    • Fair point. Someone was willing to give roger schuler a law degree, iirc, and though I don’t really think he’d risk pissing off his friend, might in fact be be arrogant and conscienceless enough to have no compunction about borrowing some letterhead and an identity as an expedient.

    • If Kimberlin had forged Zeese’s name to a filing, it would normally be Zeese’s duty as an officer of the court to the court to bring that to the court’s attention when he learned of the forgery.

      • It would normally be the court’s duty to punish people who proffer forged materials before it, but you know…

  4. If someone with a lapsed law license maintains that he is lawyer for an organization or representing tn interests of that organization or one of its members, and states that he is contemplating or ready to bring suit on behalf of that organization or member, or acting as counsel to the organization or member, that person -if he knows or ought to know he has no active license, is guilty of misrepresenting his professional status.

    He might have had an active license when the “preserve documents” letter was sent, but if he did not, he acted improperly… His pleading implies he is giving advice and counsel as an attorney to the named organization, not merely acting as a laymen member or officer concerned with dealings of the named organization. The former would be improper if he were not to practice law anywhere and has good reason to know that is the case.

    • Every jurisdiction has it’s own rules. Of particular note in the commentary on rule 49 states: “…no one except an active member of the D.C. Bar may engage in the practice of law in the District or hold out himself or herself out as authorized or competent to practice law in the District.”

      Submitting a court filing on behalf of a non-profit would certainly be considered practice of law. Referring to yourself as an attorney or lawyer or what have you, when you have passed the bar in that jurisdiction, while suspended, would likely not, in and of itself, be a violation. Making that statement in connection with the actual practice of law or to solicit the practice of law would be punishable.

      Ex. Suspended attorney is in conversation at a dinner party.
      Party goer: What do you do for a living.
      Suspended Attorney: I am an attorney.
      Party goer: Oh great, I got a speeding ticket on the way here…
      Suspended Attorney: I am not currently licensed to practice in DC so I cannot help you.

      No issue in holding himself out as an attorney, provided he does not give legal advice, indicate that he is currently licensed in the jurisdiction, etc.

      • I will note, writing letters on behalf of persons or organization while holding self out to be attorney is likely to be considered practice of law. Again, the date of suspension is always important to any analysis of suspected wrongdoing. Also, IANAL in DC or Maryland, so my understanding of these issues may not be that great. Take it for what it is worth, I am an anonymous crackpot on the internet.

Leave a Reply