The Office of Disciplinary Counsel uses a double standard when bringing ethical charges against lawyers. Attorney Stuart L. Stein is currently being prosecuted for ethics violations by Deputy Disciplinary Counsel Joel L. Widman in the Clinesmith matter.

Back in 2004, Stein was in the midst of another disciplinary case, similar to the Clinesmith case, involving a client named Peter Bogarosh. (See Post of July 8, 2007.) Attorney Lawrence W. Kay was a witness in the Bogarosh case against Stein.

Barbara Boga-Rosh, the unstable daughter of Peter, was appointed as her father’s Permanent Guardian and Conservator. During the Bogarosh discipline case it was learned that at the request and direction of Barbara, Larry Kay prepared and had Mr. Bogarosh sign two amendments to his Living Trust. Stein’s lawyer asked Kay in a deposition if he ever suggested to anyone that the amendment be approved by the Court, since Peter was the ward in a full guardianship and conservatorship. Kay answered, “No.” (See, Bogarosh Disciplinary Hearing Transcript, 1-20-04, pg. 24.) (more…)