Does US lawyer has moral and professional right to practice Law if a criminal rape case is opened against him in another country?

[Michael Koman]

Just want to know if a professional lawyer practicing in Mass has moral and ethic right to practice if a criminal rape case is opened against him and order for his arrest issued in another country (Philippines).
A licenced lawyer from US for years was coming to Philippines as "Sex Tourist" and had sex with probably hundreds of girls before this year when a girl reported rape he commuted. Now the rape case is passed from prosecutor to the court, warrant of arrest issued but the lawyer just came back to US and looks like doesn't come back to Philippines for the trial. One of the documents of the case is his fantastic correspondence with the girl in which he states a lot of postulates about his importance, role of a woman, etc. etc. I think Harvey Weinstein might be considered as a baby against this guy.
So is there any regulations of lawyer ethic in this case or he still can work as a lawyer and protect American people as the crime was commuted outside US and status of run-away suspect in another country doesn't bother his career?

 

[Mass_Shyster]

Maybe.

From the Rules of Professional Conduct:

RULE 8.4: MISCONDUCT
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rule s of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects;

I'm sure the attorney denies committing a criminal act, so I'm not sure that disclosure to the BBO is required prior to conviction.

You might want to contact the Massachusetts Board of Bar Overseers and ask them. https://www.massbbo.org

 

[quincy]

To add to Mass_Shyster's link, here is a link to all of the Rules of Professional Conduct that govern Massachusetts' attorneys (with commentary):
https://bbopublic.blob.core.windows.net/web/f/RPC.pdf
Click on Rules 8.3 and 8.4.

I agree with Mass_Shyster that a criminal accusation on its own does not prevent an attorney from practicing law. More would need to be known about the case in the Philippines against the attorney.

As a note: Mass_Shyster is a lawyer practicing in Massachusetts.

 

[Taxing Matters]

Just want to know if a professional lawyer practicing in Mass has moral and ethic right to practice if a criminal rape case is opened against him and order for his arrest issued in another country (Philippines).

The lawyer has the right to practice law up until the state that licenses the lawyer takes away that right. In general an accusation/arrest warrant won't result in a suspension or disbarment of the lawyer because the allegations are at that point still unproven. A conviction, on the other hand, might result in the suspension or disbarment of the lawyer.

Note that if a U.S. person goes to a foreign country to have sex with minors (persons under age 18) that can be a violation of U.S. law for which the U.S. may prosecute. See the U.S. Justice Department Extraterritorial Sexual Exploitation of Children page. So the Philippine authorities, victim, or other persons with any evidence that any of the girls he had sex with were under 18 might want to contact the FBI to see if the U.S. might be interested in prosecuting the guy here.

 

[quincy]

Michael Koman, who are you in this situation?

 

[Mass_Shyster]

If the attorney works as a court appointed lawyer, he may also have an obligation to report the charge to CPCS.
See https://www.publiccounsel.net/wp-content/uploads/Assigned-Counsel-Manual.pdf

C. Notice of Complaints or Potential Conflicts
An attorney certified or approved to take assignments in CPCS cases, whether through the Private Counsel Division, the Children and Family Law (CAFL) Division, the Public Defender Division, the Youth Advocacy Division, or the Mental Health Litigation Division, shall notify the appropriate Deputy Chief Counsel (Deputy) or Director within three business days of learning of any of the following:
1. The attorney has been charged in any criminal complaint or indictment.

 

[quincy]

If the attorney works as a court appointed lawyer, he may also have an obligation to report the charge to CPCS.
See https://www.publiccounsel.net/wp-content/uploads/Assigned-Counsel-Manual.pdf

The U.S. has extradition treaties with many countries, including the Philippines. The attorney is at risk of being extradited to stand trial in the Philippines.

A link to information on extradition, from the Council on Foreign Relations:
https://www.cfr.org/backgrounder/what-extradition

 

[Michael Koman]

No, she is 20.
He is 54

The lawyer has the right to practice law up until the state that licenses the lawyer takes away that right. In general an accusation/arrest warrant won't result in a suspension or disbarment of the lawyer because the allegations are at that point still unproven. A conviction, on the other hand, might result in the suspension or disbarment of the lawyer.

Note that if a U.S. person goes to a foreign country to have sex with minors (persons under age 18) that can be a violation of U.S. law for which the U.S. may prosecute. See the U.S. Justice Department Extraterritorial Sexual Exploitation of Children page. So the Philippine authorities, victim, or other persons with any evidence that any of the girls he had sex with were under 18 might want to contact the FBI to see if the U.S. might be interested in prosecuting the guy here.

 

[Michael Koman]

Maybe.

From the Rules of Professional Conduct:


I'm sure the attorney denies committing a criminal act, so I'm not sure that disclosure to the BBO is required prior to conviction.

You might want to contact the Massachusetts Board of Bar Overseers and ask them. https://www.massbbo.org

Of course he denies.
And doesn't look like he is going to come to Philippines for the trial to be convicted in jail. So he might have a status of run away suspect forever.

 

[Mass_Shyster]

Of course he denies.
And doesn't look like he is going to come to Philippines for the trial to be convicted in jail. So he might have a status of run away suspect forever.

I have no idea if it's typical or not, but it appears that a few years ago, there was an American acquitted of rape in the Philippines after spending five years in jail. Based on that, if I was falsely accused of rape in that country, I'd be pretty motivated to flee.

 

[Michael Koman]

Michael Koman, who are you in this situation?

Generally nobody. Ex-boyfriend.

 

[Just Blue]

Generally nobody. Ex-boyfriend.

Of the alleged sex offender Attorney?

 

[quincy]

Generally nobody. Ex-boyfriend.

The victim claiming she was raped by the attorney was an adult at the time of the alleged rape? Is she a Filipina? You are her ex boyfriend?

In the Philippines, rape is considered a "level 5" crime which, upon conviction, is subject to 20 to 30 years in prison. A sentence for conviction on a rape charge in Massachusetts can also be subject to a lengthy prison term (20 years+).

The attorney should have a good criminal defense attorney.

 

[adjusterjack]

One of the documents of the case is his fantastic correspondence with the girl in which he states a lot of postulates about his importance, role of a woman, etc. etc.

He had correspondence with her and sex with her and now she's accusing him of rape? Is anybody else wondering about that?

 

[quincy]

He had correspondence with her and sex with her and now she's accusing him of rape? Is anybody else wondering about that?

Obviously the court in the Philippines is wondering about it, which is why the attorney was charged with rape.

If the attorney has a defense, he probably would be wise to work on it with a criminal defense attorney.