The Case For Eric C. Deters BY LAWRENCE E. FORGY, JR. Lawyers as reflected by the attached recent Gallup poll, rank favorable with only 20% of the public. This ranking is nothing new for the profession. It’s a reality the legal profession is not viewed in high regard by the public. It is an undisputed fact. It is this same profession, and the leaders of the profession in Kentucky, the KBA and Kentucky Bar Counsel, with the assistance of enemies and competitors of Eric Deters who are relentless in their pursuit of him. They utilize the process of a Bar Complaint followed by the Inquiry Commission (the grand jury of the process controlled by Bar Counsel as admitted to by Chief Deputy Bar Counsel Jay Garrett during an ethics training video) followed by a Charge followed by a Tribunal (the hearing where the KBA chooses the judges), the Board of Governors (the governing body who employs Bar Counsel) and then to the Kentucky Supreme Court. Independent of Bar Counsel is the Character & Fitness Committee. This Committee handles the reinstatement of attorneys from suspensions and disbarment, along with new admission applicants taking the Bar Exam. Bar Counsel represents the KBA in the process against the person being reinstated. In this case, against Eric Deters. One might ask the question why the legal profession is held in such low regard if those who lead it, mold it, control it and discipline it, are doing so in a manner which generates lawyers held in low regard versus high regard? In addition, Eric has been voted multiple times in recent years by the Cincinnati public as sponsored by a local magazine and after over 25,000 votes (a nice poll sample) as the number one lawyer in Cincinnati. This is not lawyers. The public. Eric Deters publicly professes to be the anti-lawyer lawyer. He created something few or no lawyers have, a brand, and that brand follows the maxim from his website as quoted from TR: “Aggressive fighting for the right is the noblest sport the world affords.” He then developed and marketed his firms “secret” as follows which appears prominently on his website which he can’t use while suspended in Kentucky and Ohio. I have asked Eric his secret. His response was as follows: Why So Many People Ask Eric “The Bulldog” Deters To Represent Them: A prosecutor the other day asked me my “secret” for having so many clients. They admitted they were impressed. I said I shouldn’t tell you my “secret”, but I know no one else will do what I do anyway, so I’ll go ahead and tell you my “secret.” I want the world to know so you will want to hire me too. So here is my “secret” which I do not want to be a “secret.” I give out my phone number and email address to everyone and anyone including on the radio and encourage people to text and email me 24/7/365 with any legal question or case, big or small. Then, I back it up by responding. It blows people’s minds. It requires a commitment on my part and toleration on my wife’s part. Christmas. Super Bowl Sunday. I’m there. Rapid response. Not only does no lawyer do this, since I’m an attorney of note, it impresses the hell out of people. I do the same on all social media sites. I embraced the Bulldog brand. How many lawyers have a brand? I do. What’s the brand? The Bulldog will fight for you. Who wants a lawyer who doesn’t fight for you? No one. I don’t worry about being paid on every case or every hour of work. Build relationships. I learned this one from my Dad. He built one of the region’s largest firms. I have guts. Is there anything wrong with trying to help someone by “swimming upstream? No. I perform competent and excellent work. There is no substitute for just doing a damn good job. I have redoubled my focus on this in 2013 by emphasizing it with my entire staff and all my partners. I get angriest at myself if I, or we, fall short. I think outside the box? No. I make an entire new box. I’m blessed with an innate ability to come up with creative and original ideas and plans to help clients. I learned this from my Dad. I care. I just give a damn. I get sick in the guts when I lose. I put myself in my client’s shoes. The law school and bar association preach: “it’s not personal”, “I’m just doing my job”, “don’t get personally involved”, etc. It’s a bunch of baloney. Care. Give a damn. Personally. I know for a fact no lawyer outworks me. It is physically impossible to work longer then I do. My opponents always underestimate me. They think I’m just a radio personality with a law license who isn’t serious. In “Devil’s Advocate”, Al Pacino recommends: “Never let them see you coming.” The very brash and national defamation lawyer in thedirty case, the day after trial, admitted he got licked. He never saw it coming. I use the media, my radio show and my widening social network as the great equalizer against the power I fight. It helps. They fear it. Why do I share? Makes no difference. Lawyers I know just don’t have it in them to do what I do. I’m glad. More business for me. One should ask the question, what about Eric’s mission and secret would bring ill repute upon the legal profession or lower the public opinion of the profession? The answer is nothing. What if every attorney practiced Eric’s secret? The empirical proof is Eric has built an 18 lawyer, 25 member staff, law firm following his mission and secret. If the “public” held him in low regard, why would so many people retain him? In fact, the public should be concerned what the Bar thinks about and does to Eric if he’s following his mission and “secret.” Legal seminars across the country provide pointers to lawyers about marketing their practices. Eric just does it. Who would take umbrage with Eric’s mission, secret and brand? Competitors. Those with whom Eric has fought a legal battle and their lawyers. Lawyers jealous of Eric’s success. Lawyers jealous of Eric’s obtaining high profile media generating cases. Lawyers jealous of Eric’s radio and television opportunities. Lawyer’s defending clients Eric sues. It even splashes over into some members of the judiciary who come many times from the Bar leadership and always, membership and are also uncomfortable with Eric’s style. It’s never easy being “different” or a “rebel.” It’s never easy being anti-establishment. It’s never easy being the lone wolf. However, being none of this makes a lawyer unfit to practice law. There is a reality that the style and substance of Eric Deters creates enemies and those enemies have found a friend in the KBA and Kentucky Bar Counsel who look with disdain at the style of Eric Deters. Yet, that style and substance attracts clients. It’s an unfair paradox and dichotomy for Eric. He’s found and practices a successful formula which the KBA and Kentucky Bar Counsel won’t allow. I can’t think of a single point in Eric’s mission and “secret” the public would not want in an attorney. So Eric’s competitors, enemies and the legal establishment ask how can they defeat and destroy Eric Deters if they can’t in the marketplace of lawyers? What can they do if they don’t practice law with the same mission and secret Eric does? If they don’t want to respond to texts, calls and emails 24/7/365, like Eric, and fight righteous causes which may not succeed, not bill for every hour, they learned they can use the Bar Complaint process to destroy Deters! It defies all logic that someone “unfit” for a profession profoundly succeeds in the profession. Eric possesses over 20 banker boxes of materials from his KBA bar fights. I know the time, stress and expense spend battling these charges is unfathomable. Eric still stands. To further prove Eric’s competence, Eric has represented himself in these charges with my minimal assistance. Had Eric Deters paid “bar defense specialists” he would be bankrupt. He has defeated countless baseless bar complaints and countless bar charges. In 27 years of practicing law, in the last three years, when he reached the height of his success, he’s been ordered to serve by the Kentucky Supreme Court two 60 day suspensions, both of which he served. However, based upon those two suspensions, Kentucky Bar Counsel during both suspensions were allowed to overrule the Kentucky Supreme Court based upon a preposterous and unconstitutional rule, and extend Eric’s suspension 52 days in 2012 on the first. In 2013, they again forced him to apply for reinstatement and go through the Character & Fitness process only a year and four months later causing him to serve almost four months suspension greater and now counting than the 60 days ordered. They have cost Eric (52 + 120), six months more of a suspension over three years than ordered by the Kentucky Supreme Court! Eric is now filing a federal lawsuit in Ohio as his valid and justifiable right to protect his Ohio license from further harm solely as a result of the Kentucky Bar Counsel repeated used of an unconstitutional rule. I know Eric’s clients love him and want him to be their legal counsel. Kentucky Bar Counsel and Eric’s enemies do not. But, it should not be their choice. Only a handful of Eric’s clients have abandoned him in Kentucky despite his being “out” six months. Why would clients be so loyal is he were an “unfit” lawyer? None of Eric’s clients in Ohio have abandoned him when he informed them his Ohio suspension is up March 27 and is a suspension based solely upon the Kentucky suspension. Eric’s Ohio clients do not deserve an extended suspension like Kentucky. Kentucky Bar Counsel has that unconstitutional power. There are lawyers every day who commit acts worthy of discipline, but never receive any condemnation because other lawyers and the profession don’t care to waste their time going after those who aren’t “rocking the boat” or beating them in the marketplace or are “connected” to the Bar. It appears now that he has, what can be described as nothing less but a career case in Ohio of 450 plus spine medical malpractice cases against Dr. Durrani and four hospitals, the professional jealousy has reached new heights. Eric has the biggest target on his back of any lawyer I have known in my entire 50 year legal career, based upon his style and success. Eric likes to point out that he’s been the most investigated lawyer ever and by virtue of there not being found anything worthy of serious punishment further proves his fitness. In my lifetime, I have known countless lawyers who despite doing incredible bad acts, have never been suspended a day. The world needs to know that in 2012 Eric served one 60 day suspension for the following: Making a comment on the radio about a judge for granting a summary judgment and the opposing lawyers filing a Rule 11 motion the same day. (Any lawyer practicing law knows this may be the first and only time this has happened in American Jurisprudence. Eric simply raised the issue of whether or not the lawyers knew the ruling was coming or how else could they have the Rule 11 prepared?) Under current law, but not at the time, this comment would have not warranted discipline. Eric’s staff placed the name on top of a probate form of both his client and her ex-husband and he not catching it, and his calling the ex-husband to coordinate a case. Eric served 60 days for this, plus 52 more thanks to Bar Counsel. For the second 60 day suspension, for which he has now served nearly 6 months, Eric was guilty of the following: For believing his friend and client filed a LLC in Kentucky without checking on it. For a misstatement in a Complaint against a prosecutor who libeled him. Eric served 60 days for this, plus now almost four more months by Bar Counsel. Eric has not: Stolen money from a client or anyone else. Harmed a client. Cost a client his/her case. Committed some dastardly deed or act of moral turpitude. Done anything for which the rational would state: “Oh my God.” Committed a fraud upon anyone. Committed an act of dishonesty. No crimes- felonies or misdemeanors. All of this leads to the question, why would Bar Counsel continue to pursue Eric Deters to claim he’s not “fit” to practice law. It’s even more insulting to claim Eric is not “fit” when he has had success, including recent jury verdicts of note like the Sarah Jones federal libel verdict of $338,000 and the $1.04 million Dr. Durrani verdict. Notice, Rob Sanders who began the prosecution of Sarah Jones and Mike Lyon the lawyer who represented Dr. Durrani in Eric’s win are two of Eric’s enemies collaborating with Kentucky Bar Counsel. How does an “unfit” lawyer win, have success and gain the confidence and trust of so many clients and who needs nearly 20 lawyers and 25 staff members to help take care of them? Eric does this despite the relentless pursuit of Kentucky Bar Counsel. It is wrong for Eric to endure the stress, hardship and humiliation of further suspension. It creates an unfair speculation of those who wonder what Eric must have done so bad. He worries most about the Ohio judiciary drawing conclusions. The time, energy and money Eric has had to spend in his defense and in this battle is enough punishment in itself. In addition, the fact Eric’s suspensions are so public and he’s required to send notices to all his clients during his suspension, any disgruntled client (few as they are) know they can help hurt Eric by filing a bar complaint. This represents less than 1 percent of his clients. Any business would like that rate of disgruntled clients or customers. Eric’s style is one consistent with the nickname the Cincinnati Enquirer gave him, not a name he gave himself, the “Courtroom Bulldog.” WLW radio is who shortened it to “Bulldog.” Eric was smart enough to recognize that the nickname and what it signifies would work well for attracting clients. Who in the public wanting a lawyer would prefer a Bulldog over a stereotypical 20% ranking lawyer? Most. That’s who. Being aggressive, forceful, no-nonsense, fighting and crusading for his clients and causes against powerful interests every day requires his style. There is not a single incident of an actionable claim, physical contact, violence, threat of violence or anything one would be concerned about with an aggressive style of a Bulldog. David didn’t defeat Goliath by being a pacifist. There is also great consternation regarding Eric’s use of the media. He calls it in his “secret” as the great equalizer against power. Would it not be a great violation of his advocacy responsibility if Eric did not use his media connections, media friendliness and media savviness on behalf of his clients? In addition, he has not one time violated the ethical rules regarding media. There has not been one single bar Charge against Eric on the issue. However, prosecutors have not liked to hear Eric’s clients doing media interviews professing their innocence. Why would they like it? And why shouldn’t Eric and his clients be allowed to profess their innocence rather than cower to the power of the state? This technique Eric uses to the chagrin of prosecutors. It works for him and his clients. Why would any innocent person not want to declare their innocence with a shout from the mountaintop as opposed to acting guilty in silence? Eric has to be tough and caustic at times to fight the uphill battles he fights. And who else can fight some of these battles. Small or solo firms don’t have the resources. Big law firms aren’t constituted that way. Eric fulfills a niche and need for those who need a Bulldog, an aggressive champion. There are more injustices. An attorney is punished more for fighting bar charges even if he’s innocent. This makes no sense for a lawyer who is trained to fight injustice. And, in 2012 Eric won 15 of 19 bar charges. What if he didn’t fight? I am Eric’s co-counsel in these bar issues with the KBA and have been his friend for 25 years. As someone who speaks to him on a regular basis and hear him express the stress, frustration and bewilderment that he must go through this constant state of besiegement, I attest it’s time for the Kentucky Bar Counsel and the KBA to stop attempting to defeat someone the public wants as their lawyer despite his “style” not befitting them. Lawyers not Eric’s enemies or part of the establishment should be concerned a “style” can lead to such trouble when the “style” violates no ethical rules. Respectfully Submitted, LAWRENCE E. FORGY
Posted on: Sun, 09 Mar 2014 14:44:45 +0000
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