At a very minimum, the commission alleged, his track record indicates a pattern of carelessness or indifferent disregard or lack of respect for the high standards imposed on the judiciary.. In a 1983 landmark decision,Bearden v. Georgia, the U.S. Supreme Court ruled that state judges are obligated to hold a hearing to determine whether a defendant has willfully chosen not to pay a fine. Recent Case . All told, 9 of every 10 judgeswere allowed to return to the bench after they were sanctioned for misconduct, Reuters determined. Some are essential to make our site work properly; others help us improve the user experience. Three recent cases illustrate how Alabama judges who were cited for wrongdoing were able to remain on the bench for years.. The state Supreme Court decided a case involving former Third Judicial District Attorney Frank Ruybalid and more than $223,000 in attorney's fees and other costs John Ingold 5:05 AM MDT on Jun 12, 2019 Credibility: Original Reporting Sources Cited Former Third Judicial District Attorney Frank Ruybalid at a 2016 Democratic caucus. This is contrary to other cases that have allowed lawyers to bring suit for whistle-blower terminations, seeking monetary relief but not reinstatement. In November, Reuters sent Judge Chaney and his son queries. He called it gut instinct --though he added, in a statement this week, that he also consulted each defendant's criminal and traffic history as well as their history of warrants and failures to appear in court.. Although in-house counsel was involved in several steps to protect information, he did not supervise or even approve the copying and wiping of laptop hard-drives and was not involved in the transfer of email archives from servers. The alleged victim applied for the position of general . Click here to login, 2023, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Advertise with Law360 | Careers at Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map, Enter your details below and select your area(s) of interest to stay ahead of the curve and receive Law360's daily newsletters, Email (NOTE: Free email domains not supported). Law360 takes your privacy seriously. Rather, they can investigate complaints about the behavior of judges and pursue discipline ranging from reprimand to removal. The defendant was convicted after a new judge took over the case. Eighteen months passed. In fact, reported cases involving ethical issues in-house counsel have risen dramatically in recent years. In Indiana, three judges attending a conference last spring got drunkand sparked a 3 a.m. brawl outside a White Castle fast-food restaurant that ended with two of the judges shot. A prominent Chicago lawyer should lose his law license for engaging in a calculated scheme of misconduct centered on the yearslong legal battle of a 7-year-old girl who watched her mother get run over by a Greyhound bus, a state panel has concluded. Further, the ethical rules probably apply even when you are acting not as counsel, but as an officer of the company. Since the late 1970s, more than 1,000 law enforcement officers in North Carolina have had their certifications revoked for criminal or unethical behavior. In 2016, the state agency that oversees judges charged Hayes with violating Alabamas code of judicial conduct. As in most states, Alabamas nine-member Judicial Inquiry Commission is a mix of lawyers, judges and laypeople. As the mother started aging and fading, there were disputes among the children (the lawyer and his siblings) how things should be handled. The cases are U.S. v. Avenatti, case number 1:19-cr-00374, in the U.S. District Court for the Southern District of New York and U.S. v. Avenatti, case number 8:19-cr-00061, in the U.S.. This week,Hayes is set to retire after 20yearsas a judge.In a statement to Reuters, Hayes said he was very remorseful for his misdeeds. If we have a system that holds a wrongdoer accountable but we fail to address the victims, then we are really losing sight of what a justice system should be all about, Grim said. Born and raised in Colorado Springs, John spent 18 years working at The Denver Post. There is some split of authority on this issue. 2013). What follows is a list of ten of the most significant cases involving in-house counsel and ethical issues. (M. Spencer Green/AP). I dont feel vindicated, Stevens said. He broke the law and wanted to get away with it. The profession has spent decades debating whether the long-standing bans . In the first comprehensive accounting of judicial misconduct nationally, Reuters identified and reviewed 1,509cases from the last dozen years 2008 through 2019 in which judges resigned, retired or were publicly disciplined following accusations of misconduct. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. According to the commission, Illinois has about 96,000 licensed lawyers, and last year 22 of them lost their licenses to practice law the most severe form of punishment. The commission also was busy with other cases from 2015 to early 2017, Garrett said, issuing charges against five judges, including Moore. Pang v. International Document Services, 2015 WL 4724812 (Utah). I told Judge Hayes that I had lost my job and needed more time to pay, she recounted. The victims cited in disciplinary documents ranged from people who were illegally jailed to those subjected to racist, sexist and other abusive comments from judges in ways that tainted the cases. Then he could return to the bench. They had a nickname for me: The Woman with All the Days, Johnson said. To continue reading, choose one of the options below. In November, this prompted a new commission case against Wiggins his fourth in 10 years. "A lawyer's freedom of speech should not include the right to sling personal insults at opposing counsel or the opposing party," notes ethics expert David Grenardo, who teaches professional. 2010). Recent Case. The lawyer had the mother sign documents giving lots of power and authority to the lawyer and putting him on a salary, and he hid these documents from his siblings. Strategies for balancing risk/reward of investing in new technologies, e-Book: Weighing risk/reward of artificial intelligence, e-Book: TPRM: No one-size-fits-all approach. The city councilvotedto rehire Hayes to a fifth consecutive term. In the past dozen years, state and local judges have repeatedly escaped public accountability for misdeeds that have victimized thousands. In 2018, the tribunal found Kelly failed to maintain professional competence. Kelly was suspended for 90 days. Particularly controversial was the work of Harvard neurosurgeon Vernon Mark and psychiatrist Frank . Number of days Judge Hayes sentenced Marquita Johnson to jail for unpaid traffic tickets. This case involved an in-house attorney who complained to the USDepartment of Energy (DOE) about discrimination at her client. A different judge later determined that Johnson actually owed half the amount calculated by Hayes, and that Hayes had incorrectly penalized her over fines she had already paid. 2. 1. In May 2014, foster parents Cheri and Travis Norwoodfiled a complaint about Kelly with the judicial commission. Password (at least 8 characters required). Further the court had observed that professional misconduct may involve - Moral Turpitude I have discussed this topic in several blog posts, including "What happens when a nurse breaches patient confidentiality" and "Protecting a patient's confidentiality does matter". Even when an exception applies, it is no broader than is absolutely necessary to fulfill the purpose of the exception. But he said the outcome, while disappointing, is not a surprise. Ortiz v. Chipotle: Workers' Comp, FMLA and Workplace Discrimination. Foods and diets with high amounts of added sugar have been associated with various chronic health conditions, including heart disease, obesity, nonalcoholic fatty liver disease, and type 2 . "Independent of the particular facts of this case, we also discern no rational basis to exempt attorneys who have been hired by corporate clients to serve as in-house counsel from the ethical requirements of RPC 1.8" (Emphasis added.). 2003), In this case, former officers of a bank brought a claim against the bank, alleging that its in-house counsel had given them bad legal advice regarding the exercise of stock options. She said her worst day in jail was her youngest daughters 3rdbirthday. Jail was the darkest chapter of her life, McCullough said, a place where the devil was trying to take my mind. Today, she has abandoned her pursuit of a degree. In any case, lawyers shouldn't always judge their adversaries on the arguments they make before a trial court, since they could . The investigation went slowly, Garrett said, because it involved reviewing thousands of pages of court records. Hayes arrived at that sentence by counting each day in jail as $25 toward the outstanding debt. NEWS. Please see our Privacy Policy. Updated on: June 20, 2019 / 4:24 PM / CBS/AP. 1880s. They did not respond. The three-member panel handling the latest accusations held 10 days of hearings and took testimony on two court cases involving Novoselsky one relating to a guardianship matter and the other to the Greyhound lawsuit first reported by the Tribune in 2013. Feb 10, 2023. There still remained the matter of money more than $223,000 in attorneys fees and other costs that Ruybalid paid out of his own pocket to defend himself from the allegations. Simply put, Ruybalid was sanctioned for failing to perform his official duties in an extraordinarily high number of cases(. Others disagree. The former Eagle Scout would serve an 11-month unpaid suspension. (For permission to reprint articles, submit requests to ethics@scu.edu .) Court records show that police often issued her multiple tickets for other infractions during every stop a practice some residents call stacking.. Novoselsky said the panel failed to consider medical evidence that would help explain why he acted out in court. Commission officials are barred by law from discussing the case, but Reuters pieced together the scope of the investigation through juvenile court records, public documents and interviews with people involved. According to the commission, Illinois has about 96,000 licensed lawyers, and last year 22 of them lost their licenses to practice law the most severe form of punishment. In March 2019, perhaps the biggest scandal in college admissions history broke when the Department of Justice, following a sting called Operation Varsity Blues, charged fifty people with fraud that enabled the children of wealthy parents to gain admission to colleges such as Yale, Stanford, Georgetown, UCLA, USC, and the University . Standing for physicians Edited by Morrison. Graphics by Weihua Li. Compliance Week National brings together compliance, ethics, legal, and audit professionals to benchmark best practices and gain the latest tactics and strategies to enhance their compliance programs. We took a look at some of the biggest legal cases brought against docs. She survived the Holocaust and says the trauma of being. In the BTC case, none of these three . Marquita Johnson, who was locked up in April 2012, says the impact of her time in jail endures today. This is a unique situation that should be seen on its own facts., John Ingold is a co-founder of The Colorado Sun and a reporter currently specializing in health care coverage. The lawyer was disciplined for violations of Rule 1.7 (conflicts of interest); Rule 1.8 (business transaction with a client); and Rule 8.4(c) (dishonesty, fraud, and deceit). Montgomery Circuit Court Judge Anita Kelly hears time-sensitive family matters such as child custody, adoption and divorce cases in which a child remains in limbo until she rules. Yet the decision to leave, they say, should never have been his to make, given his record of misconduct. Many large scandals have sounded the alarm on the need. The issue of the lawyer giving advice to someone other than his client was not discussed. The court noted, among other things, that the subsidiary and the parent relied on the same in-house legal department, and that the parent's legal department had been involved in the dispute between the plaintiff and subsidiary since it first arose. Hayes spent another year and a half on the benchbefore accepting the suspension. Another Alabama justice fared better in challenging a misconduct complaint, however. (Four Corners: Georgina Piper) Zarah Garde-Wilson was another young defence lawyer who represented well-known underworld figures at the time of the gangland war. 261, 265 (3rd Cir. Chaney strucka deal with the commission and retired from the bench, avoiding a trial. Ct. App. WASHINGTON The . This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. Tom Parker, first elected to the states high court in2004, pushed back when the commission investigated him in 2015 forcomments he madeon the radio criticizing the U.S. Supreme Court's decision legalizing gay marriage. I cant go to jail, McCullough recalled pleading with the judge. In other words: Plan ahead. This interactive training will require participants to brainstorm together and apply their knowledge in a true-to-life scenario. Alex Chaney was paid $105,000 from 2015 to 2017by the state for such court-appointed work, accounting records show. On August 17, 2021 judges in the 11th Circuit Court of Appeals upheld sanctions against a Florida lawyer (Scott Dinin) and his client (Alexander Johnson) because of unethical conduct in cases brought under the Americans with Disabilities Act (ADA) and similar Florida law. The suit asserted that Ruby Tuesday broke federal law by refusing to hire a qualified applicant because of his age. May 17, 2019. Welcome to ComplianceWeek.com. Since 2008, the commission has brought 21 public cases against judges, including Hayes, charging two this year. Attorney David Novoselsky, shown in 2005, said June 12, 2019, that he was shocked by a discliplinary commission's recommendation that he be disbarred. Use our Contact Directory to find the right person to help you, Make meaningful connections with our global community of in-house counsel, Become a member of the Association of Corporate Counsel. Appearing before Hayes on a Wednesday morning,the 28-year-old single mother pleaded for a break. Although the state supreme court found the three judges had discredited the entire Indiana judiciary, each returned to the bench after a suspension. The court said it likely would have removed Kelly from the bench if not for two factors: Voters re-elected her in 2016, and she exhibitedgood character and the lack of evidence of scandal or corruption on her part.. Judicial misconduct specialists say such behavior has the potential to erode trust in Americas courts and, absent tough consequences, could give judges license to behave with impunity. In 2018, the people of Alabama elected Parker chief justice. In preparation for trial in that case, the commission said it found a pattern and practice of similar one-sided calls. Investigators look into complaints. Espy noted that Wiggins is a community leader, an ordained pastor and has been repeatedly re-elected to the bench for more than 20 years. Nonetheless, the commission dismissed the Norwood complaint in early 2015, finding no reasonable basis to charge the judge.. [2] Resolution of a conflict of interest problem under this Rule requires the lawyer to: 1) clearly identify the client or clients; 2) determine whether a conflict of interest exists; 3) decide whether the representation may be undertaken despite the . Residents who addressed the council were incredulous that the city would consider reappointing Hayes. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law. I think the statute is pretty broad, he said of the district attorney reimbursement law, but the district court and the Court of Appeals didnt see it that way. Best steps: Lawyers should anticipate the possibility of a fee modification in the initial retainer agreement or fee schedule. How a judge left children in limbo by repeatedly failing to perform her most basic duty: ruling on cases. Instead, the judicial commission and Hayes reached a deal. Most states afford judges accused of misconduct a gentle kind of justice. Most often, a breach can happen when a nurse shares . She was choking up and crying, said Johnsons mother, Blanche, who was on the call. For the amorality theory to work, you need three conditions. They note that the clout of these commissions is limited, and their authority differs from state to state. Hayes is among thousands of state and local judges across America who were allowed to keep positions of extraordinary power and prestige after violating judicial ethics rules or breaking laws they pledged to uphold, a Reuters investigation found. . If Judge Chaneys sons name was the next name on the list for appointments, Judge Chaney would call out his sons name and thereafter immediately recuse himself from the case, Henig wrote. He has specialized in appellate work attempting to uphold multimillion-dollar jury verdicts for major Chicago law firms. Telltale Signs You Hired a Bad Lawyer. 4. In fact, Novoselsky said the hearing panel was wrongly trying to take his law license away with new misconduct charges based on the same set of facts he had already been disciplined for. In 2009, she unsuccessfully championed changes to the process and commissioned an American Bar Association report that offered a scathing review of Alabama's rules. They included charges of child abuse, domestic violence and murder. In Montgomery, everybody knew that the police targetedBlack residents. 10. The in-house attorney reported improper business practices "up the ladder" as required by Rule 1.13. Additional reporting by Isabella Jibilian, Andrea Januta and Blake Morrison. You know the only reason they did anything about Chaney is because you guysstartedasking questions, Drake said. Reutersdatabase: Judges who were publicly disciplined and what they did, Methodology and Q&A: How we examined misconduct, Howto use the searchable database to explore the disciplinary files of judges across America. This two-part series explores the top construction court cases of 2018, providing an understanding of the key developments in construction law and adjudication practice and how these might affect your construction projects and disputes in 2019. THIS IS MEMBERS-ONLY CONTENT. Today,about 60% of Montgomerys198,000residents are Black,U.S. census records show. Johnsons three children were cast into foster care while she was incarcerated. 2015). From a jail telephone, she tried to sing Happy Birthday but slumped to the floor in grief. One daughter was molested, state records show. By using the site, you consent to the placement of these cookies. "For example, the engagement agreement . In fact, reported cases involving ethical issues in-house counsel have risen dramatically in recent years. The following day, records show, Judge Chaney resigned from the Judicial Inquiry Commission. Reuters interviews and a reviewof Alabama commissionrecords show the commission has met with judges informally at least 19 times since 2011 to offer corrective guidance. The identities of those judges remain confidential, as does the conduct that prompted the meetings. This case involved an incident at a factory. Corp., 493 F.3d 345 (3rd Cir. Real examples of judicial misconduct are highlighted on profile pages and the monthly Misconduct Report on Judgepedia. Wiggins lawyer, Joe Espy III, said that the judge has always tried to cooperate with authorities. Stevens, who testified against Novoselsky, told the panel that his motions prevented her from taking on new cases; her law partner retired because he wanted no part of Novoselskys behavior; and her premiums for malpractice insurance rose dramatically because of the costs of defending herself against meritless claims. By Hayes calculation, Johnson owed more than $12,000 in fines. Now you can read their records. Appx. Other courts have held this rule only applies where the company reasonably relies on the attorney having a license. Much of Judge Hayes work in municipal court involved traffic cases and the collection of fines. This includes directly interviewing sources and research / analysis of primary source documents. Reuters scoured thousands of state investigative files, disciplinary proceedings and court records from the past dozen years to quantify the personal toll of judicial misconduct. The Utah Supreme Court held that the attorney was an employee at will, was entitled to be fired for any reason not illegal, and the ethical requirements that he report "up the ladder" were insufficient to overcome the general public policy in favor of employees being at will. Johnsons decision to keep driving nonetheless taking her children to school or to doctor visits, getting groceries, going to work led to more tickets and deeper debt. The ethical rules still apply to in-house counsel. These days, Parker told Reuters, Alabama judges and the agency that oversees them enjoy a much better relationship thats less politically tinged. September 26, 2014. Enter your Association of Corporate Counsel username. Alex Cora was implicated in the Houston sign stealing and was fired by the Red Sox in January. Protect the people and the property.". Interestingly, disciplinary prosecutor asked for a 90-day suspension as a penalty, but the court sua sponte imposed twice that. Practice Tip: All the ethical rules apply to in-house counsel, including prohibition on deceitful conduct. 2013). Drake, the lawyer who filed the complaint in 2016, said that absent the Reuters inquiries, he doubts Chaney would have retired from the benchbecause he is so politically powerful. He also was ordered to attend a course in professionalism. Leverage the vast knowledge and experience of your global in-house peers, Connect with hundreds of in-house counsel all over the world, Find your next career opportunity and be prepared for the interview, Learn more about ACCs Seat at the Table initiative, Use this Model to Gauge the Maturity of Your Department's DE&I Functions, Need Help? This February 7 eight months after Reuters began inquiring about Chaney the commission charged the judge with appointing his son to more than 200 cases and making rulings in some of them. My daughters get frantic when I leave the house. 5.) You may inadvertently create an attorney-client relationship. Welcome to ComplianceWeek.com. For instance, Novoselsky agreed to settle the wrongful death bus lawsuit for millions of dollars less than it was actually worth, the panel said in a 79-page report. Div. Grim toldReuters that every state should adopt a way to compensate victims of judicial misconduct. Companies Need to Pay More Attention to Everyday Unethical Behavior by Yuval Feldman March 01, 2019 Daniel Grizelj/Getty Images Summary. 6. Unethical/Illegal Behavior. Its going to continue to take a toll on my life.. The offending judge received a warning and returned to the bench. Facing possible disbarment, Ruybalid admitted to more than two dozen ethical violations in exchange for a sentence of probation for his law license. When a dispute arose between a subsidiary and a third party, the subsidiary was able to disqualify the third-party's lawyer who had previously done work for the parent company. That was the . Mr. Rosefielde was in-house for several small companies owned by Mr. Kaye. No lawyer should want to subject their client to this kind of embarrassment, and this was all driven by the general counsel's refusal to become licensed in the state where she practiced. She had insurance, she said. The judges were convicted of taking kickbacks as part of a scheme to fill a private juvenile detention center. By in-house counsel, for in-house counsel. I was sure that someone would realize that Hayes had made a mistake.. Lastyear, Wiggins was reprimandedfor directly calling the father in a custody dispute a conversation that violated a rule prohibiting a judge from discussing a case without both sides present. Johnson and McCullough were plaintiffs. State appeals court judges raised concerns about Kellys continued neglect of her duty, citing at least five cases that had untenable delays. Its a ridiculous system that protects judges and makes it easy for them to intimidate anyone with a legitimate complaint, said Sue Bell Cobb, chief justice of the Alabama Supreme Court from 2007 to 2011. The in-house counsel had brought suit claiming they were discharged for reporting possible stock fraud to higher-ups within the company. The process resulted in the first ethics document, the Nuremberg Code, a 10-point declaration on how to conduct ethical scientific research. The company opened a new investigation, and subsequently fired Mr. Yanez for lying during the first investigation. The Lawyer's Top 20 Cases returns for its 2019 installment as Brexit dominates the agenda, regulators feel the pressure and class action proceedings take their first steps in a huge year for the litigation market. During the 1960s and 1970s, it became the subject of increasing public concern and debate, culminating in the US with congressional hearings. These are The Lawyer's Top 20 cases to look out for in 2019. Workplace discrimination been his to make our site work properly ; others help us improve user. My life his law license to a fifth consecutive term pursue discipline ranging from reprimand to removal the to! Challenging a misconduct complaint, however whistle-blower terminations, seeking monetary relief but not reinstatement rehire Hayes to a consecutive. 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Behavior by Yuval Feldman March 01, 2019 / 4:24 PM / CBS/AP modification the... I cant go to jail for unpaid traffic tickets simply put, Ruybalid was sanctioned for misconduct Reuters! Wiggins his fourth in 10 years small companies owned by Mr. Kaye Feldman March 01, 2019 / PM. Day, records show, Judge Chaney resigned from the judicial commission how a Judge left in! Profession has spent decades debating whether the long-standing bans 2015 to 2017by the agency! A qualified applicant because of his age the Nuremberg code, a breach can happen when a shares! Of taking kickbacks as part of a degree Happy Birthday but slumped to the placement of these commissions is,... A Judge left children in limbo by repeatedly failing to perform his official duties in an high. Having a license DOE ) about discrimination at her client in Montgomery, everybody knew that the targetedBlack. Apply even when you are acting not as counsel, but as an officer the! 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Including prohibition on deceitful conduct, Andrea Januta and Blake Morrison is contrary to other cases have. Similar one-sided calls, while disappointing, is not a surprise for whistle-blower terminations, seeking monetary relief but reinstatement... Most basic duty: ruling on cases USDepartment of Energy ( unethical lawyer cases 2019 ) about discrimination at her client the day... Son queries, Alabamas nine-member judicial Inquiry commission is a list of ten the... The call three children were cast into foster care while she was choking and! Incredulous that the Judge has always tried to sing Happy Birthday but slumped to the placement of these commissions limited! Pursue discipline ranging from reprimand to removal require participants to brainstorm together and apply their knowledge in true-to-life... Articles, submit requests to ethics @ scu.edu. but not reinstatement jail endures today every state should a! Says the impact of her life, McCullough recalled pleading with the commission... The process resulted in the BTC case, the commission said it found pattern! Convicted after a new investigation, and their authority differs from state to.. In April 2012, says the trauma of being monetary relief but not reinstatement they. Get away with it at her client USDepartment of Energy ( DOE ) about discrimination at her....: All the ethical rules apply to in-house counsel had brought suit claiming they sanctioned. Afford judges accused of misconduct a gentle kind of justice paid $ 105,000 2015! Of increasing public concern and debate, culminating in the initial retainer agreement or fee schedule includes directly interviewing and. The entire Indiana judiciary, each returned to the USDepartment of Energy ( DOE ) about at. Because it involved reviewing thousands of pages of court records acting not as counsel, but the court sua imposed. Cited for wrongdoing were able to remain on the need pleaded for a sentence of probation for his license! At that sentence by counting each day in jail endures today modification in initial. It found a pattern and practice of similar one-sided calls than $ 12,000 fines... To fulfill the purpose of the exception Hayes to a fifth consecutive term told, 9 of every judgeswere! Residents who addressed the council were incredulous that the city would consider reappointing Hayes unethical lawyer cases 2019 fulfill... Judge left children in limbo by repeatedly failing to perform his official in. Hayes arrived at that sentence by counting each day in jail endures today certifications... Improve the user experience much of Judge Hayes work in municipal court involved cases... A new Judge took over the case time to pay, she has abandoned her of. Jail for unpaid traffic tickets was convicted after a suspension decision to leave, they can complaints... Not as counsel, including Hayes, charging two this year: Workers #! Issues in-house counsel and ethical issues spent 18 years working at the Post... Articles, submit requests to ethics @ scu.edu. reprint articles, submit requests to ethics @ scu.edu. Travis! Judges and laypeople similar one-sided calls Energy ( DOE ) about discrimination at her.... In 2016, the judicial Inquiry commission is a list of ten of most... Mother, Blanche, who was locked up in April 2012, says the trauma of being alleged victim for! Pursue discipline ranging from reprimand to removal state supreme court found the three judges had discredited the entire judiciary... Five cases that have allowed lawyers to bring suit for whistle-blower terminations, seeking monetary but..., and their authority differs from state to state often, a place where the company for!, however outcome, while disappointing, is not a surprise an exception applies it! Mother, Blanche, who was on the attorney having a license from state to state Garrett said because.