Comments on: Jerry Mitchell on the Tullos case and a dubious conclusion about DeLaughter’s reversal rate http://nmisscommentor.com/law/jerry-mitchell-on-the-tullos-case-and-a-dubious-conclusion-about-delaughters-reversal-rate/ A blog from the hills in North Mississippi Tue, 22 May 2012 17:04:54 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Tightlip http://nmisscommentor.com/law/jerry-mitchell-on-the-tullos-case-and-a-dubious-conclusion-about-delaughters-reversal-rate/comment-page-1/#comment-12215 Tightlip Tue, 27 Oct 2009 15:12:02 +0000 http://nmisscommentor.com/?p=3719#comment-12215 A deliberate effort to conceal the ultimate purchaser reveals the true intention to fool the client, the fiduciary to the heirs. Regardless they may have demanded a higher price if they knew he desired to purchase the property, as counsel, he deliberately misled his own client. He utilized his position and knowledge as counsel to secure the property for himself. If that isn't a breach of the ethics code, it sure as hell is offensive to this lawyer. Having defended cases filed by Mr. Tullos, I am not surprised. A deliberate effort to conceal the ultimate purchaser reveals the true intention to fool the client, the fiduciary to the heirs. Regardless they may have demanded a higher price if they knew he desired to purchase the property, as counsel, he deliberately misled his own client. He utilized his position and knowledge as counsel to secure the property for himself. If that isn’t a breach of the ethics code, it sure as hell is offensive to this lawyer. Having defended cases filed by Mr. Tullos, I am not surprised.

]]> By: NMC http://nmisscommentor.com/law/jerry-mitchell-on-the-tullos-case-and-a-dubious-conclusion-about-delaughters-reversal-rate/comment-page-1/#comment-12144 NMC Mon, 26 Oct 2009 16:26:15 +0000 http://nmisscommentor.com/?p=3719#comment-12144 By the way, I think Mitchell has been a finalist for the Pulitzer, not a winner. However, he won the McCarthur grant that's commonly called the "genius" award. By the way, I think Mitchell has been a finalist for the Pulitzer, not a winner. However, he won the McCarthur grant that’s commonly called the “genius” award.

]]> By: NotZachScruggs http://nmisscommentor.com/law/jerry-mitchell-on-the-tullos-case-and-a-dubious-conclusion-about-delaughters-reversal-rate/comment-page-1/#comment-12142 NotZachScruggs Mon, 26 Oct 2009 16:09:20 +0000 http://nmisscommentor.com/?p=3719#comment-12142 Surely he meant "reversed" instead of "upheld." Is he a lawyer as well as a journalist? I bet not. Sometimes even Pulitzer prizewinners get legal terms mixed up. And then there's the age factor, Like when I type "squash" and mean "quash" or "jealous" and mean "envious." Surely he meant “reversed” instead of “upheld.” Is he a lawyer as well as a journalist? I bet not. Sometimes even Pulitzer prizewinners get legal terms mixed up. And then there’s the age factor, Like when I type “squash” and mean “quash” or “jealous” and mean “envious.”

]]> By: Tim http://nmisscommentor.com/law/jerry-mitchell-on-the-tullos-case-and-a-dubious-conclusion-about-delaughters-reversal-rate/comment-page-1/#comment-12095 Tim Mon, 26 Oct 2009 02:28:02 +0000 http://nmisscommentor.com/?p=3719#comment-12095 I have a lot of respect for Crymes Pittman, he's a good person and a very good lawyer but if my very best friend called me up and said I'm buying some property and want to put it in your name, I would be heading for the exit and advising him to find a new friend. I have a lot of respect for Crymes Pittman, he’s a good person and a very good lawyer but if my very best friend called me up and said I’m buying some property and want to put it in your name, I would be heading for the exit and advising him to find a new friend.

]]> By: NMC http://nmisscommentor.com/law/jerry-mitchell-on-the-tullos-case-and-a-dubious-conclusion-about-delaughters-reversal-rate/comment-page-1/#comment-12069 NMC Sun, 25 Oct 2009 14:17:32 +0000 http://nmisscommentor.com/?p=3719#comment-12069 The administrator is a fiduciary for the estate. The lawyer owes his obligation to that fiduciary to assure that the fiduciary obligations are carried out. As I read the Supreme Court opinion, the lawyer for the administrator is accused of skinning the estate-- and it's clear that lying about whether an auction had been held and then hiding his involvement through a straw man is fraud, and that's what is alleged-- which, if so, means either he did skinned the state with the collusion of his client, the fiduciary, or that he skinned both his client and the estate (to which his client owewd a serious duty to not skin) at the same time. So I'm not very convinced by Pittman's remark about who Tullos owed a duty to. I do suspect Pittman would want the focus to be on his remark that, while he agreed to be a straw man, he didn't know any details about the transaction. The administrator is a fiduciary for the estate. The lawyer owes his obligation to that fiduciary to assure that the fiduciary obligations are carried out.

As I read the Supreme Court opinion, the lawyer for the administrator is accused of skinning the estate– and it’s clear that lying about whether an auction had been held and then hiding his involvement through a straw man is fraud, and that’s what is alleged– which, if so, means either he did skinned the state with the collusion of his client, the fiduciary, or that he skinned both his client and the estate (to which his client owewd a serious duty to not skin) at the same time.

So I’m not very convinced by Pittman’s remark about who Tullos owed a duty to.

I do suspect Pittman would want the focus to be on his remark that, while he agreed to be a straw man, he didn’t know any details about the transaction.

]]> By: Anderson http://nmisscommentor.com/law/jerry-mitchell-on-the-tullos-case-and-a-dubious-conclusion-about-delaughters-reversal-rate/comment-page-1/#comment-12058 Anderson Sat, 24 Oct 2009 23:25:45 +0000 http://nmisscommentor.com/?p=3719#comment-12058 One would like to imagine that a lawyer would be a bit less eager to distinguish his fellow men into "clients" and "chumps I can take advantage of," and to draw that line very finely. One would like to imagine that a lawyer would be a bit less eager to distinguish his fellow men into “clients” and “chumps I can take advantage of,” and to draw that line very finely.

]]> By: WantedToBeALawyer http://nmisscommentor.com/law/jerry-mitchell-on-the-tullos-case-and-a-dubious-conclusion-about-delaughters-reversal-rate/comment-page-1/#comment-12057 WantedToBeALawyer Sat, 24 Oct 2009 22:10:14 +0000 http://nmisscommentor.com/?p=3719#comment-12057 I thought the Adminstratix was one of the heirs. How do you differentiate when he was talking to her as an "heir" or as an adminstratix? If she was in the room when Tullos was talking, then her position is as the administratix. I thought the Adminstratix was one of the heirs. How do you differentiate when he was talking to her as an “heir” or as an adminstratix? If she was in the room when Tullos was talking, then her position is as the administratix.

]]> By: EJaneWench http://nmisscommentor.com/law/jerry-mitchell-on-the-tullos-case-and-a-dubious-conclusion-about-delaughters-reversal-rate/comment-page-1/#comment-12055 EJaneWench Sat, 24 Oct 2009 21:44:57 +0000 http://nmisscommentor.com/?p=3719#comment-12055 I think the lawyer for the administratrix has at least an indirect duty to the heirs, as he has a duty to advise the administratrix to fulfill her duty to the heirs. I believe there is even some authority that the attorney for an administratrix/executrix has some direct duty to the heirs, but I don't have time to look that up at the moment. I think the lawyer for the administratrix has at least an indirect duty to the heirs, as he has a duty to advise the administratrix to fulfill her duty to the heirs. I believe there is even some authority that the attorney for an administratrix/executrix has some direct duty to the heirs, but I don’t have time to look that up at the moment.

]]> By: meanderline http://nmisscommentor.com/law/jerry-mitchell-on-the-tullos-case-and-a-dubious-conclusion-about-delaughters-reversal-rate/comment-page-1/#comment-12050 meanderline Sat, 24 Oct 2009 17:29:26 +0000 http://nmisscommentor.com/?p=3719#comment-12050 To think I used to rely on the MSM to provide facts; it's a sad day when you can't even trust a Pulitzer prize winning reporter. To think I used to rely on the MSM to provide facts; it’s a sad day when you can’t even trust a Pulitzer prize winning reporter.

]]>