October 3 is another date that lives in infamy…ethics infamy, legal infamy, celebrity infamy, race relations infamy. On this day in 1995, the sensational, infuriating trial of O.J. Simpson ended with his acquittal of the double murder of his estranged wife, Nicole Brown Simpson and her friend, Ronald Goldman. After 252 days, jurors decided that Simpson’s guilt had not been proved “beyond a reasonable doubt” despite more than enough evidence to convict just about anyone else who didn’t have an all-star team of criminal defense lawyers. Among the many ethics alarms set off by and during the trial:
- The imbalance between the resources available to the state in high-profile criminal cases and what a wealthy defendant can use to defend himself stood out in sharp contrast to the situation in typical cases, where the imbalance is reversed.
- The influence of the Rodney King riots and the deft manner in which Johnny Cochran turned the trial into racial payback perverted justice and the culture—but was the epitome of zealous representation, the lawyer’s creed.
- A weak judge, Lance Ito, allowed the defense to engage in unethical and otherwise questionable tactics, but in a setting where lawyers are arguably obligated to exploit every advantage a trial judge lets them get away with.
- Prosecution incompetence, exemplified by such decisions as not asking for a different venue, seeking to seat African-American women on the jury, insufficiently vetting Mark Fuhrman, and the infamous gloves debacle, literally allowed Simpson to walk free from a double murder.
- The weakness of the jury system was exposed, as the Simpson jurors proved easy to confuse regarding complex and technical scientific evidence.
And much more.
1. More college loan ethics! The Consumer Financial Protection Board ruled last week that colleges that lend directly to their students cannot later refuse to release a student’s transcript as a way of forcing them to make loan payments. The issue arises with for-profit colleges that can make their own loans to students. The bureau said transcript withholding as a tool to collect these debts is “designed to gain leverage over borrowers and coerce them into making payments,” and are therefore abusive and excessively punitive.
“Faced with the choice between paying a specific debt and the unknown loss associated with long-term career opportunities of a new job or further education, consumers may be coerced into making payments on debts that are inaccurately calculated, improperly assessed, or otherwise problematic,” the bureau wrote. Continue reading







