Tag Archives: hubris

Ethics Quote Of The Day: Ken at Popehat

“If you practice as a lawyer, you owe it to your clients only to do the things you are competent to do. Embarking on the defense of a man accused of murder as your first trial is a moral and ethical outrage. Regrettably, the profession is barraged with eager voices telling us that attracting clients with puffery and keywords and Twitter accounts is the way to build a practice. Nobody’s reminding us that you have an obligation to know what you’re doing before you accept the client. Somebody should.”

—-Ken, the lead blogger/attorney/libertarian/ wit/ First Amendment champion at Popehat, summarizing the lessons of the Joseph Rakofsky saga. Rakofsky was a green D.C. lawyer ( he is still a lawyer, less green but sadder and wiser) who indeed did take a murder defense as his first trial, made an epic botch of it, and then launched a desperate defamation lawsuit at legal bloggers, like Ken, who had told his cautionary tale to the world with appropriate ire. The law suit was dismissed last week.

What's next for Joseph Radofsky? Maybe he'll run for President....

What’s next for Joseph Radofsky? Maybe he’ll run for President….

Competence is an ethical value, especially in the professions, but also in most pursuits. Taking on the responsibility of accomplishing a task creates a duty, and doing so without being justifiably certain that you will have the skills to do it is reckless and irresponsible.

Ken, an experienced and accomplished attorney whom I have consulted for his professional advice in the past, also knows that inexperience does have to be eradicated with experience, and a strict application of his statement in all cases would lead to a frustrating Catch 22. Every pilot has to take that first solo flight; every head surgeon has his first major operation; and Clarence Darrow had to take on that first murder trial before he could say with complete confidence that he knew exactly what to do. On a more basic level, any lawyer taking on a representation in a type of matter she has never handled before, such as drafting a will, will be, in  a sense, accepting a client before she knows what she is doing, because she hasn’t done it before. That’s okay, however: the ethics rules, as expressed in the American Bar Association’s Rules of Professional Conduct (in Rule 1.1) say its okay, as long as, by the time the task is underway, the lawyer is sufficiently competent: Continue reading

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Mariska Hargitay and Hugh O’Brian Show How To Use Celebrity Ethically

O'Brien and Hargitay---Good guys on the screen, but more importantly, off it.

O”Brian and Hargitay
Heroes on the screen, but more importantly, off it.

I have left the impression in more than one post that performers and celebrities too often use their fame and finances to garner wide dissemination for opinions that they are unqualified by experience, intellect, maturity and education to have taken more seriously than the rants of a typical 7th grade blogger. That is an accurate observation. Unfortunately, such public figures are taken seriously, so we must listen to Sean Penn sing hosannas to a South American dictator, see Kanye West pronounce a President guilty of wanting see blacks drown in New Orleans, and watch Ann Hathaway protest the existence of rich people with Occupy Wall Street (while collecting her million dollar fees.) Not all celebrities waste their influence and our time on dubious pursuits, however. There are others, and since they are interested in substantive issues and more concerned with accomplishing something than getting publicity, we often don’t know about their work.

George Clooney and Matt Damon are in this group, as is classic TV Western star Hugh O’Brian, better known as “Wyatt Earp.” Since 1958, O’Brian has been funding and building the Hugh O’Brian Youth Foundation, which was founded to “inspire and develop our global community of youth and volunteers to a life dedicated to leadership, service and innovation”  after a meeting between O’Brian and famous humanitarian Dr. Albert Schweitzer. This large and thriving non-profit commonly goes by the name of “HOBY”; one has to search the fine print to find any mention of its once famous founder, now in his eighties.

And then there is Mariska Hargitay. Continue reading

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Ethics Dunce: Knight Warrior

Knight Warrior and Knight Maiden

Knight Warrior and Knight Maiden

Actually, his first mistake was probably revealing his secret identity, but that’s not today’s topic, which comes from the little explored realm of Ethics Alarms known as “Wacko Ethics.”

For there dwells Roger Hayhurst, also known as Knight Warrior, a self-proclaimed British superhero who began fighting minor crime and disturbances near his home in Swinton, Greater Manchester. Hayhurst wears a custom-made blue and black lycra costume and even had a sidekick, his 18-year-old fiancee Rebecca. She is called “Knight Maiden.” Now, however, Roger and Rebecca may be out of the superhero business, because some young toughs in Clifton beat the snot out him while he was “on patrol.”

“My face was all swollen,” Knight Warrior sniffed. Now he’s discouraged, and confesses, “I mainly dress up for charity appearances.” Rebecca, meanwhile, has turned in her tights. Continue reading

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Ethics Dunce: An Angry Young Man at Yale Law School

flame faceA third year law student decided it was appropriate to send an obscene, ranting letter to the entire student body of Yale Law School announcing that he hated “like 90%” of them, and also, in his words (after announcing that he is going to be a writer):

“…fuck you guys, you judgmental, uninformed pricks, patting yourselves on the back on top of your goddamn moral high horses. I realize I am killing my future political career. GOOD. If you’ve read The Republic, you know exactly what my opinion of politicians are. I realize I am burning bridges. EXCELLENT. If I succeed in my passions, I want to make damn sure it is without the help of any of you phony-ass shitdicks. I’ve ALREADY gotten compliments about how inspirational I am, and I haven’t even fucking started yet. That’s the biggest compliment I’ve ever received in my life. It’ll probably take you guys 10-20 years to get that even once, so good luck and keep up the good work!”

His name was included on his post, just to make certain that it keeps him from finding gainful employment with any potential supervisor who doesn’t have a death wish.

A few observations: Continue reading

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Jerk of the Year: Donald Trump

Where Donald Trump is King

I know it’s only May, and I know that Rev. Jones is still out there somewhere, planning on burning a picture of Mohammad or making confetti out of the Quran or some other offensive stunt designed to attract the attention of Fox News and sell some tee shirts. I know Allan Grayson can surface at any time, and that Michael Moore is joining forces with Keith Olbermann, which is a good bet to make both of them more obnoxious. And I know Newt Gingrich, Ron Paul, Michele Bachman and some other GOP candidates for president can be counted on to say or tweet outrageous things in the coming weeks and months. Yes, and Harry Reid is still running amuck, and there are plenty of athletes, singers and actors who will be embarrassing themselves, their profession and their species before the year is out.

Never mind all that. I’m ready to declare Donald Trump the Jerk of the Year.

I’ll admit my bias up front: I think Trump has been a contender for Jerk of the Year every year for at least two decades. Even I, however, never thought he was a big enough jerk to use the developing 2012 campaign for President of the United States—at a critical juncture in the nation’s history, with literally life-and death crises in the nation’s economy, housing market, and job markets, with the Middle East erupting and America involved in three armed conflicts, with a leadership vacuum at the highest levels of the government and with American trust and hope for the future at a record low—for personal ego gratification and to promote his cheesy, freak-show reality program “The Celebrity Apprentice.” But that’s what he did, soiling the news and  political discourse along the way by giving aid and support to the assortment of paranoids, wackos and racists who had been denying that Obama was a natural born citizen. Continue reading

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Unethical U.S. Presidential Candidacies: Is Trump’s the All-Time Worst?

There have been many unethical candidacies for U.S. President in American history, and some of them have been successful.

I am not referring to unethical candidates for the job, for there have been too many of them to count. An unethical candidacy occurs when a candidate’s purpose for seeking the job, method of doing so, and/or the effect on the nation of his or her campaign is especially reckless, harmful, or irresponsible. Perhaps the first unethical candidacy was that of Aaron Burr, who attempted to exploit a flaw in the election process to steal the presidency from his position as a vice-presidential candidate. Rutherford B. Hayes allowed himself to be put in office by an undemocratic back-room deal when his opponent, Samuel Tilden should have won both the popular and electoral vote.

Teddy Roosevelt’s decision to oppose his old friend, President Taft, in 1912, splitting his party, breaking his word (he had earlier refused to run for what was in essence a third term, agreeing it was best to hold to George Washington’s tradition), and all-but-insuring Woodrow Wilson a victory, was an exercise in ego and hubris. Eight years later, Sen. Warren G. Harding, who privately expressed doubts about his ability to fill the highest post in the land, may have allowed himself to be manipulated and used by corrupt political operatives for their own purposes. Franklin Roosevelt recklessly ran for his fourth term knowing that he was seriously and perhaps terminally ill, and didn’t take care to ensure that he had a competent Vice-President. (He, and the U.S., were lucky in that regard.)

Gov. George Wallace’s third party presidential run in 1968 was explicitly racist. The beneficiary of that candidacy, President Richard Nixon infamously pursued re-election with a new low of unethical and even illegal tactics against the Democrats. There have been others.

Donald Trump’s revolting candidacy, as yet unannounced, cannot fairly be called the most unethical presidential candidacy, but it is early yet. It may well prove to be one of the most harmful. As the United States faces some of the most difficult challenges in its history, Trump has chosen to use the nation’s process of deciding on its leader for his own ego gratification and self-promotion, without  preparation for the job, deference to fair campaign rhetoric, or acknowledgment of his own fatal flaws as a candidate. Continue reading

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The Irresponsible Dr. Oz, Softening The Public Up for Charlatans

Don't be skeptical! Dr. Oz says it's real.

When Summerlin Hospital had to step in to prevent first-time parents from endangering their infant by using “natural medicine” to treat their sick newborn, it may have been fighting the influence of Dr. Mehmet Oz, Oprah Winfrey’s health-care guru.

The popular “Dr. Oz” is a walking TV and book franchise, a Harvard-educated cardiovascular surgeon who has emerged as the nation’s most persuasive and trusted advocate for unconventional health care, or as Dr. Wallace Sampson, former chairman of the National Council Against Health Fraud, calls it,”faith healing for the masses.” He has testified before a Senate panel to condemn the mainstream medical profession’s failure to embrace “the natural healing power of our bodies,” and its hostility to “hypnotherapists, massage therapists, spiritual healers.” Dr. Oz has, shall we say, an open mind.

In his expose of the popular health talk show host, “Shamblog” writer Steve Salermo wrote in the New York Daily News, Continue reading

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Joe Miller’s Fallacy

When Alaska Senate candidate Joe Miller finally came clean about his unethical, and probably illegal, misuse of a government computer when he was working as a part-time lawyer, he shrugged it off by pointing out that his flaws were actually a qualification for office: it proved that he was just like the people electing him. Continue reading

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Ethics Dunce: Glenn Beck

No, it wasn’t a big lie, a harmful lie, or a malicious lie that Glenn Beck told at his recent rally. Beck had claimed that he held George Washington’s handwritten first Inaugural Address “in his hands” at the National Archives, but a spokeswoman at the institution denied it: they don’t allow that. After Keith Olbermann and other full-time Beck-bashers kept pressing the issue, Beck admitted that he had fabricated the story to cut through the extraneous details of the real process:

“…Yesterday I went to the National Archives, and they opened up the vault, and they put on their gloves and then they put [the document] on a tray. They wheeled it over and it’s all in this hard plastic and you’re sitting down at a table…you can’t actually touch any of the documents, these are very very rare. So … they have it in this plastic thing and they hold them right in front of you; you can’t touch them, but then you can say ‘can you turn it over,’ and then they turn it over for you and then you look at it.”

“I thought it was a little clumsy to explain it that way,” Beck told his cable audience, shrugging off the controversy. No, as lies go, it was about as harmless as it gets.

Except. Continue reading

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What Was Right and Wrong With Glenn Beck’s “Restoring Honor” Rally

The pundits of the airwaves, newsprint and blogosphere have issued their assessments of the Glenn Beck rally at the Lincoln Memorial with predictable results: those who admired Beck before the rally liked it, and those who detest him ridiculed it. The New York Times, in its inimitable fashion, showed contempt for the proceedings by relegating its account to page 15, even though every past D.C. rally and march of equivalent or lesser size (especially those advocating social or political positions popular with the Times staff) received more prominent coverage. To Times columnist Frank Rich, Beck’s rally was part of a racist conspiracy hatched by billionaires—yes, Frank, sure it was. John Avlon, who long ago branded Beck as a wingnut, reasonably pointed out that it was a wee bit hypocritical for Beck to preach against divisiveness when his own cable show is one of the most polarizing, even by Fox news standards. And John Batchelor, who may be the most serious, erudite, and balanced public affairs radio talk show host in captivity, dismissed the rally as harmless and Beck as a clown:

“I think of him now and again as Quasimodo Lite, a deaf bell-ringer swinging from the Notre Dame of Fox, a man who is eager to confess his own unsightly warts—“I’ve screwed up most of my life”—and who is also heroically delighted to be our slightly stooped “Pope of Fools,” because this accidental role, in this Festival of Fools called 2010, wins the cheers of the crowd.”

Even less charitable was the Baltimore Sun’s TV critic, who accused Beck of “stealing Martin Luther King’s moral authority.” Less charitable still was MSNBC’s Chris Matthews, who seems to have been driven a little mad—or at least a little unprofessional, perhaps— by the fact that Beck had the audacity to hold his rally on the anniversary of King’s iconic “I have a dream” speech. Matthews’s hyperbole was, well, Beck-like:

“Can we imagine if King were physically here tomorrow, today, were he to reappear tomorrow on the very steps of the Lincoln Memorial? “I have a nightmare that one day a right wing talk show host will come to this spot, his people`s lips dripping with the words ‘interposition’ and ‘nullification.’ Little right wing boys and little right wing girls joining hands and singing their praise for Glenn Beck and Sarah Palin. I have a nightmare!”

Was Beck’s bash really a nightmare? Political biases aside (Chris), the question for Ethics Alarms is what was right and wrong about the “Restoring Honor” rally. Continue reading

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