Year: 2012

“The Good Wife,” Flunking Legal Ethics 101

/ Jack Marshall / 6 Comments

CBS’s “The Good Wife” remains ensconced in my Hall of Fame for TV lawyer dramas, but last night the series committed the kind of “what the hell?” blatant legal ethics gaffe that causes many lawyers to avoid such shows.

The situation is one that may be dramatic but hardly unusual: the client who lies on the witness stand. Unlike a lot of the ethical conundrums that are concocted in the fevered brains of TV scriptwriters (“Your client leaves a human head in your office—what do you do?”—“The Practice”), this is one that is thoroughly explored in law school and one which every competent litigator has to be prepared to face, because 1) it happens and 2) the legal ethics rules about how a lawyer is supposed to handle it have bounced all over the place, like William Shatner. Continue reading →

White House “Ethics”: Obamacare Justifies The Means

/ Jack Marshall / 11 Comments

Supreme Court protests: pointless when anyone else organizes them, unethical when the White House organizes them.

I was stunned by the news reports of the White House organizing pro-Obamacare demonstrations outside the Supreme Court, and then found myself stunned that I was stunned.

It should have been obvious to all, which includes me, that President Obama and Democratic supporters of Obamacare were so determined to pass this mess that it stopped mattering to them long ago what democratic and constitutional principles were nicked, warped, distorted and violated in the process. This should be obvious regardless of whether one likes the final product (as if anyone knows what that really is, even today—principle nicked: transparent government).

The final bill was passed with a series of legislative maneuvers that had never been mustered all in the support of one controversial bill (principle warped: process and representative democracy); it was built on an expansion of Congressional power the is either unconstitutional or a frightening slippery slope (principle distorted: individual freedom); the individual mandate was (and is) simultaneously sold to the public as not being a tax while argued to the courts as one (principle violated: honesty and integrity), the Congressional Budget Office’s verdict was obtained using accounting tricks and deceitful projections (principle nicked: fairness); and misrepresentation was the norm on both sides of the debate (principles violated: respect for the public; candor, transparency and honesty). Now that the President is already campaigning for re-election and the health care law remains his signature accomplishment—if you consider it that and not a fiasco—the White House has made it clear that, while it may not be fair to say it will stop at nothing to save it, what it won’t stop at to protect the measure is a damning indictment of its integrity.

From the New York Times, one of the few non-conservative media sources to cover the story: Continue reading →

A Secret Service Betrayal

/ Jack Marshall / 12 Comments

A despicable former Secret Service agent named Dan Emmett has self-published “Within Arm’s Length,” a tell-all  book about his work protecting the Clintons.  I’m not going to repeat any of his stories, and nobody should read his book either. This kind of thing is another fever on the way to the complete death of trust and professionalism.

Emmett’s job was to guard the First Family, and as part of his job he saw them all in private and unguarded moments. The Clintons had to trust that his sole objective was to ensure their safety, not to gather juicy material for a book, and they should not have had to worry about whether every stray remark or imagined slight would later find its way to the internet. “Within Arm’s Length” is nothing less than betrayal, and in my view, it falls just short of treason, and perhaps not short at all. Undermining the relationship between the Secret Service and the President of the United States, which this book does, threatens the safety of future Presidents. For agents to do their jobs, they must be trusted to the extent that nothing is withheld from them out of fear that they will disclose it. Emmett proves that such unquestionable trust is unwarranted, and in this sad era where betrayal is rewarded or shrugged off as predictable, probably impossible. Continue reading →

One Small Step For Honesty, Integrity and Freedom of Expression, One Small Defeat for Really Dumb Political Correctness

/ Jack Marshall / 32 Comments

Wait---WHAT'S THAT ON THE JERSEY??? NOOOOOOOO!!!!

The Houston Astros will be celebrating their 50th anniversary this baseball season. It hasn’t been a great half-century for the Astros—the team only made it to one World Series and lost in a four game sweep; its stadium was once named “Enron Field,” and the team was responsible for the introduction of fake grass to the sport—but they are still here, and that’s something. The planned celebration was to include the release of authentic jerseys from the first edition of the team in 1962, when they were called the Houston Colt 45’s. The 2012 Astros were going to play a game in those jerseys, but Major League Baseball decreed that the original logo couldn’t appear on the shirt—because it was a pistol.

This is the kind of political correctness nonsense that borders on attempted mind-control. Treating pictures of guns as if they are some kind of cultural contagion is not only offensive and silly, in this case it is air-brushing history. The original logo was what it was. A picture of a gun is quite appropriate, since the team was named after a gun. Honestly—what lunatic came up with this edict, and how come he or she wasn’t thrown into a padded room? Continue reading →

Well THAT Didn’t Take Long: The Next Step in School Censorship of Student Speech

/ Jack Marshall / 22 Comments

Huh. You know, I just didn't think it would come from the schools! Well, live and learn...

Ethics Alarms has been steadfast in its position from the very first reports of schools presuming to punish students for what they post online, in their own time, in their own homes. That position is, and will forever be, that this is a gross abuse of power that must not be tolerated, much less encouraged. Every time I have written about this, there have been defenders of the practice. This story, from Minnesota, should convince them of how wrong they are. Continue reading →

Actor Ethics: Welcome to Colombia!

/ Jack Marshall / 6 Comments

Yes, Sarah Bernhardt was probably unethical too. Actors!

I just blacklisted an actor, at least as far as my theater company is concerned, and I feel badly about it, because I don’t like banishing artists even when they deserve it. This individual did deserve it, however.

I held auditions a couple of months ago for a very difficult and complex production requiring special talents and a large cast. The turn-out was excellent, and the quality of talent was superb, with the actors obviously excited about the project. Since the script needs to be tailored to individual performers, the fear of an actor dropping out after being cast was especially strong (the maxim in the theater community is “cast early, cast often…”), so I took the unusual step of asking every auditioner who had a good chance of being cast to be honest about their commitment to the show. “If you want to be considered for this project,” I said, “I need to have your assurance that you are serious about it and will not tell me, after we have decided to cast you, that you have changed your mind. The show is like a big jigsaw puzzle, and casting you will affect whether we cast other actors, not just in your role but in roles that interact with yours. And I definitely do not want to cast someone who is going to turn around in a week or a month and say, ‘Sorry, I got a better offer.’ This is a commitment, and if we are committing to you, I need to know that you are committing to us.”

When the offers went out, a few actors nonetheless refused. One had just learned that she needed to seek more lucrative employment because her husband had been laid off; another had union problems. Over the next several months, there was another major loss, as an actress whom I had cast even before auditions—right before the delivery of her first child—told me that parenthood was more involving in reality than she had predicted when she committed to jumping into a major role so soon. I had thought this might happen, and, frankly, now felt that she was making the right decision.  I told her: “As a director, I was happy to let you be irresponsible for the benefit of my show, but as a parent, I’m glad your priorities are straight.”

The other day, however, one of the actors who had gladly accepted a role sent our producer a terse e-mail saying:

“Unfortunately, I can no longer do the show.  Thank you so much for all your help with everything; I’m very sorry for the inconvenience.” Continue reading →

Needed: An Ethics Alarm For Twitter

/ Jack Marshall / 3 Comments

Pat Heaton, Twitter road kill.

Twitter, I have concluded, is itself an ethics trap. What the social networking site allows one to do is to take the usual, daily, routine moments of bad judgment, bad manners, carelessness meanness, incivility, indiscretion and stupidity that we all are guilty of on a regular basis, and magnify their perceived harm and significance exponentially. For the famous, this is especially perilous—witness “Everybody Loves Raymond” star Patricia Heaton, one of Hollywood’s few  open conservatives. She decided to join the Fluke-Limbaugh Ethics Train Wreck with a snotty tweet (“If every Tweaton sent Georgetown Gal one condom, her parents wouldn’t have to cancel basic cable, & she would never reproduce — sound good?”), and it has turned into a career crisis. Pre-Twitter, such a sentiment could have been shared orally with a few friends in snark-fest, or sent as an e-mail to a few trusted associates. But the tweet was viewed as piling on, which it was.

Even the non-famous are at risk: many women were outed on various blogs as idiots for tweeting after the Grammys how much they would like to be beaten up by Singer Chris Brown. Nobody knows when a badly thought out or offensive tweet will be re-tweeted into immortality. Then there is Twitter negligence. Pop idol Justin Bieber just engaged in that form of unethical Twitter conduct. Instead of sending a partial phone number to one friend, he sent it to all of his thousands of followers, who then drove a poor innocent crazy by flooding him with over 1000 phone calls. Continue reading →

Comment of the Day: “Ethics Train Wreck Extra: the Lawyer, the Advisor, and the Kennedy”

/ Jack Marshall / 8 Comments

Let's give a warm, Ethics Alarms welcome to attorney MAX KENNERLY!

Max Kennerly, the attorney who has argued that Sandra Fluke could legitimately sue talk show host Rush Limbaugh for his on-air insults, rebuts the Ethics Alarms post finding his argument disturbing. I’ll have a response at the end. Here is his Comment of the Day on “Ethics Train Wreck Extra: the Lawyer, the Advisor, and the Kennedy”:

“Who said anything about “silencing?” Defamation is a civil claim that, when proven, results in a monetary judgment, nothing more. Limbaugh’s still free to say what he wants.

“I assume your response to the “it’s not silencing” argument is something like, “he’s not technically silenced, but his speech is chilled.” To that, I ask which scenario is more chilling: Continue reading →

Ethics Quote of the Week: Ethics Alarms

/ Jack Marshall / 1 Comment

“The lesson: the absence of respect for the opinions of others, accompanied by a lack of humility and a surplus of contempt for fairness and civility, will doom even intelligent, talented and hard-working individuals to inevitable failure, because they cannot be trusted, not by employers, not by colleagues, not by friends.”

—Me, from January of last year, writing about the demise of Keith Olbermann at MSNBC

Rush, Sandra, Bill, and Jack, plus many, many others, please—please— take note.

Ethics Hero: —Wait For It—Rush Limbaugh!

/ Jack Marshall / 14 Comments

No, not for that!

For this:

Odd...one would think that a bed company would be familiar with this expression. Well, NOW it is!

After Rush Limbaugh’s personal attack on Sandra Fluke for her testimony before some House Democrats generated furious backlash and activist threats of boycotts of his sponsors, Sleep Train, which calls itself  “the No. 1 Bedding Specialist on the West Coast, and most recognized mattress retailer in the region,” announced that it was ceasing its advertising on Limbaugh’s daily radio show. It had been a national sponsor for 25 years. “As a diverse company, Sleep Train does not condone such negative comments directed toward any person,” the company said in a statement. “We have currently pulled our ads with Rush Limbaugh.”

Sleep Train is, to use the vernacular, a corporate worm. It began advertising with Limbaugh when it was a small company, and he has treated it well. At a moment when the talk show host was under attack by political opponents who want to get him off the air and be free of influential political commentary that often spears their cherished objectives, the company not only abandoned Limbaugh but kicked him when he was down. It was also deceitful about it: while it’s announcement sounded unequivocal, in fact it had only suspended its ads rather than withdrawn as a sponsor. Continue reading →