Warning From Great Britain: The “Lawscam” Excuse Is Coming To Colleges

It was all the fault of imperial Indian history....

It was all the fault of imperial Indian history….

The controversy died down a bit in 2016, but it is still out there: unemployed young lawyers are still blaming their law schools for the fact that their degrees didn’t deliver riches and success in a competitive field. When a ballyhooed lawsuit by one such lawyer failed last April, it briefly muted the howling, but the central misconception is still virulent. From the Ethics Alarms post about that law suit:

The rejection of Alaburda’s law suit sends a message that young lawyers need to hear, and heed. If they thought a law degree was going to guarantee their success, they have been tragically confused by the culture’s hucksters and politicians, not the law schools.  For too long, education has been sold as the key to income and jobs, when it is nothing but a process designed to make more competent, able, creative and responsible human beings. By itself, a degree proves nothing. It only signifies that its owner has had access to useful knowledge and the chance to develop useful skills. It is up to graduates to use that knowledge and those skills to make a life for themselves. If they fail to achieve their goals, they cannot blame the law school because they perceived a promise that was never made.

One failed suit, however, couldn’t undo the destructive false message society and its leaders have been issuing for decades: “the purpose of earning a diploma is to get a good job.” As more and more young men and women are steered into college and a college degree becomes symbolic of nothing, there will be more law suits by college graduates like the one currently being fought in Great Britain, where Faiz Siddiqui, an Oxford graduate, is suing his alma mater for not giving him a first-class degree 16 years ago. (In British universities, graduating with a “first class degree” is roughly similar to graduating “with honors” in an American college. Based on a student’s grades, Oxford gives out three classes of degrees, first-class being the highest.)

Siddiqui is now 38 years old, angry and disillusioned. In his suit, he alleges that his life and career were stunted because he didn’t earn “a first,” as the degree is called, when he  studied modern history at Brasenose College and graduated from Oxford University in June 2000. “Negligent teaching” in a course on Indian imperial history, he says, pulled down his overall grade and ruined his life. Now he’s asking for a million British pounds in damages for his lack of lifetime earnings in a legal action against the Oxford chancellor, masters and scholars. His barrister, Roger Mallalieu, also claims that Oxford is responsible for Siddiqui’s insomnia and depression.

Apparently the history module was less than optimum while Siddiqui was a student, because half of the teaching staff responsible for Asian history were on sabbatical.  Mallalieu told the British high court that the inferior teaching resulted in his client’s lesser grade and thus “denied him the chance of becoming a high-flying commercial barrister.” Continue reading

Two From The “Bias Makes You Stupid” (Or The “Fake News”?) File:

trump-boos

1. “Newsweek”reporter Kurt Eichenwald reported via Twitter that Iowa supporters of president-elect Donald Trump booed astronaut and former Senator John Glenn when Trump mentioned his recent death. This “news” gave Trump-haters and Trump voter-haters everywhere more to justify their hatred, and the tweet (above) prompted thousands of retweets and likes….

fake-boosNever mind. It didn’t happen. The crowd was booing anti-Trump protesters, not Senator Glenn. Eichenwald sheepishly retracted the “scoop.”

2.Yesterday morning, MSNBC host Stephanie Ruhle claimed on the air that  Fox News was holding its Christmas party at President-elect Donald Trump’s recently opened Washington hotel, in the course of a discussion of Trump’s conflicts of interest. What a great example of how the conservative media is in bed with Trump—almost as much as the mainstream media was coordinating with the Clinton campaign!

Unfortunately, Fox News hasn’t held its annual party yet, and has scheduled its actual party at a hotel that isn’t affiliated with Trump. Ruhl had to issue an apology and a retraction.

In response to the recent Ethics Alarms post about the hypocrisy and dubious motives behind the mainstream media’s sudden obsession with the “fake news” crisis, some commenters argued that EA is confounding good faith journalism mistakes with the real “fake news,” a term that should be narrowly used when a source intentionally issues a false story “maliciously.” The spectrum, however, is too seamless to parse this way. Continue reading

The Ethics Meltdown Of Elie Mystal Continues

Surprise! This isn't MY head exploding. It's Elie Mystal's!

Surprise! This isn’t MY head exploding. It’s Elie Mystal’s!

“Above the Law”‘s Elie Mystal has crossed over from being a provocative, if often emotion-driven and unprofessional, legal news analyst to being an Angry Black Man for whom law and justice is tangential. As Ethics Alarms covered here, Mystal already has proclaimed that the existence of a single intransigent juror who hung the jury in the Michael Slager trial proves that whites are incapable of race-blind justice. In his latest stage of racist fury, Mystal now wants black jurors to sabotage the justice system.

“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions. It’s not about the race of the defendant, but if the alleged victim is a white guy, or his bank, or his position, or his authority: we could acquit. Assault? Acquit. Burglary? Acquit. Insider trading? Acquit.Murder? … what the hell do you think is happening to black people out here? What the hell do you think we’re complaining about when your cops shoot us or choke us? Acquit. Don’t throw “murder” at me like it’s some kind of moral fault line where the risk of letting one go is too great. Black people ARE BEING MURDERED, and the system isn’t doing a damn thing to hold their killers accountable. Sorry I’m not sorry if this protest idea would put the shoe on the other foot for a change.”

You can read the rest; it’s all like this. Mystal is bonkers. There’s no reasoning or fairness in his screed. He’s just fulminating, growling and slobbering like a rabid dog. It’s sad. Nobody can take anyone who expresses this kind of irrational hate as a response to frustration seriously. He’s not accurate, he’s not truthful, he’s not responsible. He has left law and logic so far behind he may never work his way back to them.

I’ll touch on just a few splashes of Mystal’s projectile hate-vomit: Continue reading

Remember California Attorney Mary Frances Prevost, Who Plagiarized Ethics Alarms? Guess What!

Yup, I saw THIS coming...

Yup, I saw THIS coming…

She’s been suspended.

For the third time.

Good.

To recap…Back in 2012, Mary Frances, who  describes herself on her website as “California’s Top Criminal & DUI Attorney,” posted an essay allegedly authored by her called  “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”

Oddly, it was posted the same day and shortly after my Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”

Mary Frances’s was almost word for word the same post, plus some original material at the end. She had ripped me off. She hadn’t even tried to disguise it. This is called stealing, and I believe, shows that an individual lacks the honesty and trustworthiness to practice law.

I took three deep breaths, wrote a post about her plagiarism, e-mailed Prevost and required four things. First, an explanation if she had one; then an apology, a retraction, and proper credit. I didn’t demand damages, as I could have.

Mary Frances’s response was astounding. She didn’t have the courtesy to respond to my e-mail, but went on Facebook to accuse me of plagiarizing her, a neat trick, since my post pre-dated hers. Then she insulted me repeatedly, apparently unaware of how hypocritical it is to claim another lawyer is lacking in legal analysis skills and writing ability when you just published his essay as your own. I posted her whole rant here; it is deranged, making it especially funny that she accused me of being “off my meds.”

The Facebook post was defamation per se: malicious, and deliberately false. I contacted a California attorney, who agreed it was defamation, but said that based on her reputation, he felt it would  not be worth the money, the trouble or all the attacks she was capable of to go to war with her. He also dissuaded me from filing an ethics complaint, saying that unlike some states, California frowns on ethics complaints when there are grounds for lawsuits, and also tends to discount complaints from non-California lawyers.

“Just wait,” he said. “She’ll get hers. Lawyers like this almost always do.” Continue reading

Now THIS Is A Conflict Of Interest…Or Is It?

alton_attorney_accidentally_sues_himself

Is it a conflict of interest for a lawyer to represent a client suing herself? Lawyers are all forbidden to bring adverse actions against their own clients; it is the conflict of all conflicts, a pure breach of loyalty. Does this mean, then, that even when a statute requires a plaintiff to sue herself as a defendant, it can’t be done without breaching the ethics rules?

The case is Bagley v, Bagley, and both Bagleys are the same Bagley.

State Farm Insurance Company handled Barbara Bagley’s car insurance. She was driving when her car flipped and killed her common law husband.  To compel State Farm to indemnify her, Bagley, in her dual capacities as sole heir and personal representative of the estate of her husband, was required to bring this suit against herself as the negligent driver. Bagley as plaintiff and as her husband’s heir brought a cause of action pursuant to Utah Code section 78B-3-106, Utah‘s wrongful death statute, alleging that the defendant—her— negligently caused her, that is, the plaintiff’s husband’s death, thereby depriving his sole heir –the plaintiff, but also the defendant—of his “love, companionship, society, comfort, care, protection, financial support, pleasure, and affection.”  She also brought a second cause of action pursuant to Utah Code section 78B-3-107, Utah‘s survival action statute, alleging that the defendant—her again— negligently caused the deceased to experience pain and suffering prior to his death, entitling Bagley’s late husband’s estate to other damages. Continue reading

Bud Selig Is The Barry Bonds Of Baseball Commissioners…So Why Was He Just Elected To The Hall Of Fame?

Bud. I had a more descriptive caption, but decided that it wasn't professional...

Bud Selig. I had a more descriptive caption, but decided that it wasn’t professional…

Let me state my bias up front: I detest Bud Selig.

He became Major League Baseball’s first non-Commissioner Commissioner when baseball’s owners decided that Fay Vincent was doing the job of independent, uncorrupted overseer of the game’s welfare and integrity too literally for their tastes, fired him, and installed one of their own. That was Selig, a wealthy auto sales impresario who owned the Milwaukee Brewers and never saw a dollar he wouldn’t debase himself for.

The owners suspected that Vincent, a smart and decent man, might use his power to block the looming baseball labor-management impasse, benefiting the players. They dumped him just in time to give the job to an “independent overseer” who had the Mother of All Conflicts of Interest in the upcoming war: he was management. . Sure enough, under Bud’s fair and balanced leadership, the most devastating work stoppage in baseball history arrived in 1994. It stopped the season late and wiped out the World Series. It killed the Montreal Expos, for all intents and purposes, crushed the baseball card and memorabilia industry (it still hasn’t completely recovered), and nearly sent the sport itself into a death spiral. Baseball was saved, not by Selig, but by a combination of luck, the inherent greatness of the game, and Cal Ripken, who broke Lou Gehrig’s consecutive game streak (I was there to see it!) in the season after the strike to remind fans and the nation of baseball’s glorious past and why they cared about it.

From that point, Selig oversaw explosive growth in the game’s revenues, exposure, merchandising, player salaries and popularity, He shattered a lot of traditions to do it: the elimination of any real distinction between the leagues, expanded play-offs, wild card teams (which I hate, since they allow second place teams to become champions over the teams that defeated them during the season, but then there was the 2004 World Champion Boston Red Sox…) inter-league play, instant replay, penalties for big-spending teams, baseball in November, and more. If you are an ends justifies the means fan, Selig’s your man. He ended his more than two decades as the sport’s top executive with the game stronger and richer than ever.

He did this, however, despite and in part because he quietly enabled the scourge of steroid use among players, permitted cheating to go on right under his nose, and was shocked…shocked! to discover that all those players who began topping their previous best seasons at advanced ages when virtually all athletes go into decline, and all those players who turned up at spring training 25 pounds heavier and looking like Lou Ferrigno, and a few of those players breaking career and season records that hadn’t been approached in decades, were using illegal and banned performance enhancing drugs.  When this dawned on him, two steroid users, Mark McGwire and Sammy Sosa, had shattered Roger Maris’s record for home runs in a season in the same year—what a coinkydink!—and another, the grotesquely inflated Barry Bonds, had not only broken the new record but was on the road to surpass Hank Aaron’s career homer record. Continue reading

Oooooh, Sneaky, Uber!

fine-print

Fine print alert!

Uber, the controversial  ride-sharing giant, quietly changed its terms of service to foist mandatory arbitration on its users. This is a common tactic of large corporations lately, taking away consumers’ rights to sue when they are harmed due to negligence. Arbitration is often full of hidden biases, with a natural  financial motivation for less-than-ethical arbitrators to tilt in the direction of the companies that pay them.

The change means that a passenger injured in an Uber vehicle due to its driver’s negligence would be required to arbitrate any claims for personal injuries before the American Arbitration Association, because the passenger had technically agreed to the terms and conditions of the Uber contract every passenger must accept. How would  long-time customers know about the change from the original Uber conditions? They wouldn’t, unless they regularly cruised the company’s website.

On July 29, 2016, Judge Rakoff from the Southern District of New York ruled that the notice of Uber arbitration terms was not sufficient to let riders know that  they were waiving the right to sue, and thus the mandatory arbitration provision was unenforceable. Uber’s response was to send an email to its users, announcing that it was updating its terms effective November 21, 2016.  Uber also instructed its users to read the new Terms and stated it had “revised our arbitration agreement.”  Now they have you, because Uber users can no longer claim that they didn’t know about the new terms. When you use the service, you are stuck. You have waived the right to sue.

There is a large “but,” however.

An Uber user can still reject the November 21, 2016 Terms by providing Uber with written notice by mail, by hand delivery or by email within 30 days of November 21, 2016. Like many companies, Uber’s “notice” consists of a hard-to-find section on its website. The mechanics of rejecting the new terms information are virtually buried on Uber’s legal page, and read, Continue reading

Ugh! Here’s One More Unethical Practice (Of Many) Trump Needs To Eliminate From His Repertoire, And Quickly

trump-tweet-at-union-head-jpg

It’s pretty simple, though President Obama hasn’t figured it out in in eight years:

The President of the United States must not attack or criticize private citizens or negatively characterize their actions, nor should he interfere with local matters, criminal justice, the courts, the news media, or private businesses,  unless it is absolutely necessary, which it almost never is. This applies to his treatment of journalists, celebrities, athletes, local officials, accused criminals, military personnel, lawyers, other professionals…

…and union representatives.

Chuck Jones, the president of the local chapter of the United Steelworkers union that represents Carrier employees in Indianapolis, told The Post on Tuesday that the Trump exaggerated the number of jobs he claims to have saved, since 550 of the union’s members will lose their jobs anyway. Trump immediately sent the tweet above, directly attacking Jones by name. Shortly after the tweet, Jones says, he began getting threatening phone calls. “Nothing that says they’re gonna kill me, but, you know, ‘You better keep your eye on your kids. We know what car you drive.’ Things along those lines,” he told the Post.

I’m not surprised, but Trump’s “punching down” would be just as wrong if there was no response at all. This is an abuse of power. It is an abuse of influence. It is an abuse of office, and once he is President, it will be an abuse of the “bully pulpit.” The conduct is bullying,  as well as irresponsible, dangerous, and stupid.

I did call it, though! My post in April about Gov. Rick Scott attacking a citizen, in his case a coffee shop critic, in a campaign ad ended with this statement:

It is hard to imagine a more petty, needless, demeaning example of “punching down.” Jennings isn’t running against Scott; she is just a citizen critic, if an especially rude and nasty one. For a governor to focus an attack ad on a mere citizen is an abuse of power and position. It is ethically indefensible.

It is exactly what Donald Trump would do, though.

It is far worse for a President-Elect to punch down, of course; it’s even unethical for a Presidential candidate nobody thinks can win to do it. Trump’s pre-emptively calling Bowe Bergdahl a traitor is now a fair trial problem in the ex-prisoner of war’s court-martial. This is a terrible habit to indulge, and it opens the door to far more harmful misuses of Presidential power.  Continue reading

Announcing “The Fake News Ethics Train Wreck,” And Related Developments [UPDATED]

train-wreck-air

This morning I checked four news sources and caught stories about”fake news” in all of them. Some of this has been fueled by the flesh-meltingly idiotic Comet Ping Pong pizzeria story out of D.C., which culminated in a moron named Edgar Maddison Welch firing an AR-15 inside the joint, saying later that he was horrified at the reports that the establishment was at the center of a child sex ring run by…wait for it…the Clinton campaign. He got some bad information, Welch told authorities.  Ya think???

No, Ed, you got a really bad education in America’s rotten public schools, and before that you were playing hop-scotch when the brains were handed out.

What prompted Ethics Alarms to officially move the fake news uproar into Ethics Train Wreck status, however, was the interview CNN had this morning with two small business owners in the same block as the evil pizza place. “The internet isn’t regulated like it could or should be,” one said, with no comment or clarification from CNN’s Alisyn Camerota. Politicians are among those who have to address this problem, agreed her partner.

In other words, we need internet censorship. Oh, they did say that citizens should be a bit more discerning before grabbing an AR-15 and shooting up a pizza parlor because someone on Instagram said that John Podesta was selling little girls and boys, but obviously the big arm of the State has to step in.

In other developments:

  • The fake Washington Post news story about fake news that I highlighted here may prompt a defamation law suit from one of the organizations that the Post accused, without checking their source, of spreading fake news.

“You did not provide even a single example of ‘fake news’ allegedly distributed or promoted by Naked Capitalism or indeed any of the 200 sites on the PropOrNot blacklist,” James A. Moody, attorney for Naked Capitalism, a finance and economics blog with a stated mission of “shedding light on the dark and seamy corners of finance,” wrote to the Post. “You provided no discussion or assessment of the credentials or backgrounds of these so-called ‘researchers’ (Clint Watts, Andrew Weisburd, and J.M. Berger and the ‘team’ at PropOrNot), and no discussion or analysis of the methodology, protocol or algorithms such ‘researchers’ may or may not have followed.”*

Highlights from that 120-page report:

  • Since 1980, U.S. GDP per capita growth has been far below its long run average, and since 2007 it has been almost negligible.
  • Deterioration in the quality-to-cost ratio for healthcare, housing and education is dragging down economic growth. After spiraling price increases, these sectors accounted for 36 percent of total national spending in 2015, up from 25 percent in 1980.
  •  The U.S. population’s health has stagnated or even declined on several measures since 1980, especially for the working-age population.
  • Housing costs have swallowed up a larger share of income without a corresponding increase in quality.
  • Educational quality is weak and stagnant at all levels. The U.S. education system has failed to instill any measurable gains in the cognitive performance of children and young adults for decades, as U.S. students and adults struggle with poor rates of literacy and numeracy despite high spending growth.

You know…”a strong economy.”

Would you like to speculate on which fake news had a greater likely impact on the popular vote for President—the Pope’s endorsement, Podesta’s pizza parlor sex ring, or that nifty Democratic policies had the national economy working like a Swiss watch? Continue reading

From The “When Ethics Alarms Don’t Ring” Files: Newt Gingrich’s December 7th Tweet

gingrich-tweet

Some random thoughts on an incredible display of terrible taste, as I wrestle to keep my cranium from blowing…

1. Why in the world would Newt do this? How could he, or anyone, not understand that this would be hurtful to many, and appreciated by none? Has he decided to compete with Donald Trump for most Reckless Twitter-User? Is he trying to make Trump look responsible by comparison? Why, Newt? Why?

2. Perhaps this is the beginning of regular laudatory tweets from Newt in appreciation of other geniuses that did Americans harm.

March 6: “Today we celebrate Santa Anna’s brilliantly executed surprise dawn raid on the Alamo, and his efficient slaughter of more than 200 Texans in 1836”

April 14: “A date for all Americans to commemorate John Wilkes Booth’s superb planning and marksmanship, confounding President Lincoln’s security to shoot him in the head with flair in 1865!”

August 8: “Let us not fail to admire surgical precision with which the dedicated follower of Charles Manson carried out their slaughter of five people in 1968”

September 11…well, you get the idea.

3. What’s truly nauseating is that poor, insecure Newt is so desperate for affirmation that he will use, of all things, the tragedy of the attack on Pearl Harbor to make himself appear, (he thinks), worldly, cerebral and analytical. All he really accomplished is to reaffirm what most cognizant Americans have known for decades…

4. …that Newt is about as big a jerk as this society has ever produced.