There have been many pages penned here regarding poor behavior by lawyers and judges, sometimes with consequences. A news story from Texas reminds us that poor behavior can occur in any occupation and that credentials may or may not bear dignity or even recognition.
Mason Herring is an attorney in Houston. According to the internet, he is "a dedicated Texas lawyer" who "treats his clients with respect and care." He graduated from Texas A&M, and "received multiple awards and was honored for his journalism." In law school, he "excelled in pre-trial advocacy" and worked for the U.S. "federal court" in Louisiana.
He was named to the "South Texas College of Law Young Alumni Leadership Circle" and the list of "Super Lawyers® Rising Stars."℠ In August of 2023, his website stressed "integrity," "trust," "excellence," and "compassion." These are powerful words, admirable goals, or in some instances perhaps merely cliches and punchlines.
This morning, his website reflects only:
Other searches indicate he may now be an associate attorney at another firm
Some of the changes may be recent, as Mr. Herring has recently gained significant notoriety in Houston and beyond. ABC13 says that Mr. Herring "is the first and only person in Harris County to face a charge of forcing induction to have an abortion." Prosecutors there "allege(d) he put an abortion-inducing drug in the water he gave his wife on more than one occasion."
The story is intriguing. the news reports that Mr. Herring was perhaps less than excited to learn "his wife was pregnant with their baby." In that regard, prosecutors pointed to what "came out through marriage counseling, as well as through text messages later on."
The Daily Mail reports that Mrs. Herring was "was seven weeks pregnant with their third child when her husband of eleven years...started spiking her beverages." The two were already experiencing marital challenges related to her suspicions that Mr. Herring "was having an affair with a co-worker." Mrs. Herring "began collecting the drinks her husband prepared for her," and "set up cameras inside and outside their home." She gathered evidence of actions and substances.
She reported her suspicions to the police and Mr. Herring was "initially charged with felony assault to induce abortion." That led to Mr. Herring
"accept(ing) a plea agreement to charges of injury to a child and assault of a pregnant person. He was sentenced to 180 days in jail and 10 years of probation."
"Integrity?" "Trust?" "Excellence?" "Compassion?"
Mrs. Herring, according to the Daily Mail, is currently involved in "divorce proceedings." She is reportedly less than satisfied with Mr. Mason's sentence, noting "I don't think 180 days is justice for attempting to kill your child seven separate times." She says 'If you divide it up, he's serving less than 26 days per attempt to kill my child."
When I read the story, I was reminded of a recent continuing education seminar I was compelled to attend by the Florida Supreme Court. See The New Professionalism (February 2024). There was stress there that a lawyer "is a lawyer 24/7." That is, actions and inactions in our personal and private lives might reflect on us professionally and on all lawyers. How do the actions described in the news support a conclusion of professionalism? What are the implications for the public perception of the legal profession?
Ultimately, per the Daily Mail, the outcome was the birth of Josephine Mason. The attempts regarding her life and development were not successful. However, she "was born 10 weeks premature...and spent three months in the hospital, before she was able to go home." According to Fox News, Josephine experiences "developmental delays and attends therapy eight times a week."
In all, it is a disturbing story. It reflects on attorneys everywhere, like that or not. It reflects on fathers everywhere. It is troubling from every perspective. But one must wonder specifically how the three children will perceive their father's guilty plea? Their father, a person upon whom they deeply depended for love, support, and succor has pled guilty to (at least attempted) harm. The personal impact will perhaps be very difficult to navigate, particularly for Josephine.
At least as of now, the professional implications remain unclear, whether the maintenance soon concludes at his website, or whether he has joined another firm. According to The State Bar of Texas, Mason Herring remains "eligible to practice in Texas."
Accolades are certainly nice. School achievements are worth noting. Success in practice and a community are discussed and exalted. Right or wrong, lawyers occupy a special place in society. And perhaps "super lawyers" are more special than others?
The ABA Model Rules of Professional Conduct recognize that:
Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves. Lawyers play a vital role in the preservation of society.
What is the reflection here on lawyers, "the profession, and the public interest?" There can be debate about lawyer ethics and rules. Many have struggled with describing or even understanding how such ethics and rules integrate with or augment "professionalism." But, in the end, society expects more of attorneys. Beyond the personal, familial, and paternal implications of this story, how does news of a guilty plea impact society?
"Integrity?" "Trust?" "Excellence?" "Compassion?"