Ethics Hero: Sheppard Smith

I don’t know when the last time was that a news anchor slammed his own network for shoddy journalism, but Sheppard Smith did it, to Fox News, his employer, over its complicity in the Shirley Sherrod fiasco. The criticism is well deserved. Now if only Sheppard would start calling out his network regularly when they do similar things, we might have a reliable news source one of these days.

And then, maybe some anchors at CNN, ABC, CBS and NBC  (no, MSNBC is beyond hope) would start doing their own policing! Imagine! Self-policing by the news media! Soon reporters will be free of bias, and stories won’t be hyped or buried according the news room’s political preferences! And there will be the dawning of a great new day in responsible journalism, where truth, not spin or entertainment value or ratings, will be the only goal! And we’ll be able to trust what we hear and read!!

Naaa.

Still, Sheppard Smith did the right thing. Good for him.

Note to Lawyers: Celebrities Have Confidences Too

Eric Turkewitz, on his New York Personal Injury Law blog, properly and pointedly flags an outrageous instance of a lawyer running to the press with information the professional ethics rules governing lawyers say that he must keep  confidential absent permission to reveal them.

Stuart Goldberg, a Chicago criminal lawyer, was consulted by former child actress-turned-celebrity-bad-girl-turned-prisoner Lindsay Lohan as she sought new counsel to help her with her long-running legal woes. Lohan decided to pay her legal bills to someone else, and it was the first smart move Lindsay has made in a long, long time. Goldberg demonstrated his trustworthiness by dashing over to People Magazine and blabbing about his impressions of Lohan during their meeting as well as the content of their discussion. Continue reading

Rebuttal on the Trial Lawyer Deduction

Following the argument of reader Bob Stone, a trial lawyer blog makes a strong pitch that the Obama deduction for his up-front expenses—criticized in Ethics Alarms—in contingency fee cases is reasonable and fair, because other small businesses can deduct similar expenses. Continue reading

Unethical Quote of the Week

“I hate to open this can of worms but is there any reason why the FCC couldn’t simply pull their broadcasting permit once it expires?”

—Jonathan Zasloff, a law professor at UCLA, suggesting on the mailing list “Journolist” that the federal government take Fox News off the air.

How is this unethical? Let me count the ways: Continue reading

Fairness to Blago

Impeached Illinois Governor Rod Blagojevich stunned everyone in the courtroom, including prosecutors, when he declined to take the stand in his own defense in his corruption trial. Continue reading

Al Gore, Bill Cosby and the Ethics of Flawed Messengers

We can wait until the whole sordid mess plays out, but as someone who has spent a lot of time researching and training managers about sexual harassment, it is all but certain that Al Gore’s reputation is a goner. One accusation of sexual harassment can be and often is a false alarm. When more allegations of the same type begin to surface after one accuser has broken the dam, however, it is a sure sign that the accused is a serial harasser. The National Enquirer, which has a nose for sleaze (see: John Edwards) is reporting that two more masseuses in two different locales have reported in-room encounters with Gore that echo that of the Portland masseuse whose complaint about Gore was first stifled by her environmentalist friends, and later by the Portland police. This news puts in a new perspective Gore’s unseemly defenses of Bill Clinton’s conduct when Al was Veep, and may even begin to solve the mystery of why the “Love Story” Gores ended in divorce.  Al, in other words, probably really is a “crazed sex poodle.”

Will this development greatly damage his ability to exercise influence in the climates change debate? Of course it will. Continue reading

Ethics Hero and Ethics Quote of the Week: Sen. Lindsey Graham

Sen. Lindsey Graham (R-S.C.) delivered the following remarks as the Senate Judiciary Committee voted in favor of President Obama’s nomination of Elena Kagan to the Supreme Court. Obviously Ethics Alarms approves of Graham’s vote and reasoning, as it is consistent with what I believe is the most ethical, fair and responsible course for all Republican senators. His statement, however, is extraordinary in its appeal to the best instincts of ethical public servants, and rather than just a link (the text comes from The Hill), I think proper respect and admiration dictate a full presentation. It embodies fairness, civility, professionalism. respect and dignity, as well as the ideals of collaborative government. When he concluded, Democratic Sen. Dick Durbin said, “During the course of his statement, I reflected on some of the things that I have said and how I’ve voted in the past and thought that perhaps his statement suggested there was a better course for many of us to consider in the future.”  The chances of such a course actually being followed would have been vastly increased, of course, if some of Graham’s colleagues shared his courage and integrity. Still, it is a start.

Here is what Sen. Graham said: Continue reading

Doctors and the Deadly Anti-Snitch Reflex

Everybody, or almost everybody, hates to report friends and colleagues for misconduct. This is the anti-snitch reflex, a strongly programmed response from childhood. Telling authorities about the misconduct of others sets off internal alarms that have been installed by parents and peer groups, ensuring that we feel terrible if we “tattletale.” This is betrayal, a violation of loyalty, and most of all, a breach of the Golden Rule: we’d never want anyone to snitch on us.

For professionals, however, this reflex is false, mistaken and even deadly. The duty to report dishonest public employees, crooked cops, unethical lawyers, conflicted accountants, self-dealing business executives, fraudulent researchers and others in the workplace—even if they are colleagues and friends—trumps childhood codes, personal loyalty and general discomfort. There is nothing noble or admirable about allowing innocent people to entrust their life and livelihood with untrustworthy professionals. Nevertheless, a disturbing large proportion of all professionals can’t bring themselves to do the right thing when it comes to the core ethical duty of stopping workplace dishonesty, incompetence or corruption when it involves a colleague.

A recent survey of doctors is not comforting, but it confirms the problem. Continue reading

The Ethics of Legalized Gambling: A Debate

Over at “The Economist” website, two articulate and well-qualified opponents are debating the wisdom of state sanctioned gambling. The debate will be “settled” by a vote of the site’s readers.

The two advocates cover the topic thoroughly and well, and I will  link to the debate rather than attempt to supplement it in detail, except to say this: Continue reading

Note to Anti-Defamation League: Stick To Dafamation

Everybody who watches baseball on TV knows that Fox color man Tim McCarver talks too much. He’s smart, sometimes perceptive, but his opinions during a broadcast constitute the sports equivalent of Phil Spector’s “Wall of Sound.” Last week, commenting on a Yankee Stadium game that was preceded by the team’s annual “Old Timer’s Day” parade of superannuated Yankee greats, McCarver chose to express his outrage at what he saw as the Yankees’ banishment of former manager Joe Torre (now managing the L.A. Dodgers after an acrimonious departure from New York, followed by a tell-all book) to relative obscurity: Continue reading