Business & Commercial

Perhaps The Strangest Unethical Prosecutor Story Yet

/ Jack Marshall / 3 Comments

doordash

I have written about over-zealous prosecutors and incompetent prosecutors. I have written about a prosecutor who moonlighted as a dominatrix and another who moonlighted as an NFL cheerleader; a prosecutor who helped his drug-dealing prepare nickel bags, and a prosecutor who faked sleeping during trials to distract the jury from a defense attorney’s closing argument. However, I never thought I would see this.

Greg Shore, the first assistant district attorney in Bucks County, Pennsylvania, not only moonlighted as a delivery driver for the online food ordering company DoorDash, he did so during his work hours as a prosecutor. As in, “I’m sorry, I can’t work on my closing argument right now, I have to get this Chinese food order across town, stat.” Or “Hey, thanks for the barbecue delivery–wait! Aren’t you the guy prosecuting the man who raped my wife?“

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Sunday Evening Ethical Thoughts, 3/21/21: IIPTDXTTNMIAFB, And More

/ Jack Marshall / 6 Comments

watergate-sunset

I attended my first Zoom memorial service today. Ethics tip, if you are considering doing this for a loved one: set an end time and stick to it, for God’s sake. This event today was to honor a great presence in my childhood and a friend of both my parents, and I was grateful for the chance to pay my respects. I don’t even begrudge the fact that her one child who has a serious stutter carried the duty of the eulogy, But as we got to the dreaded open mic for the assembled to share memories of the departed, one ancient attendee after another droned on with no discipline or relevance, often just trading niceties with others present and generally repeating what had already been said.

One more tip: if you had never even met the person being memorialized, shut up. One guy went on and on about how he always hoped to meet her, “but we were never invited to her house.”

I bailed when we hit the one hour, 15 minute mark and I saw no sign of a conclusion.

1. I don’t understand this at all. The Biden administration is restricting press access to the mess at the boarder. How can the news media allow it to get away with that? Is there anything the Democrats dishonestly accused the Trump administration of doing that they aren’t happily attempting to do themselves? I just know I’m going to get sick of the mantra, “Imagine if President Trump did X that the news media is accepting from Biden…”—in fact, I’m sick of it all ready,

Until I get a better suggestion, I’m just going to abbreviate it as IIPTDXTTNMIAFB. It has a ring to it…

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Coke Commands Its Lawyers To Discriminate: Can’t Do That, And The Law Firms Should Refuse (But I Bet They Won’t)

/ Jack Marshall / 17 Comments

Coke Coercion

This is a major development with narrow implications in the field of legal ethics, but potentially wide-ranging importance in the society as a whole.

We are just now learning—after all, you wouldn’t expect the news media to report this kind of sinister, reverse-racism bullying, would you?—that the general counsel of Coca Cola issued an open letter to the law firms representing it. [Full disclosure: I have taught legal ethics seminars for one of them] The letter decreed that these firms “commit that at least 30% of each of billed associate and partner time will be from diverse attorneys, and of such amounts at least half will be from Black attorneys.” You can read the letter here. Here are the edicts:

Coke demands

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Ethics Dunce: The Florida Bar. Again.

/ Jack Marshall / 2 Comments

The reluctance of the legal profession to acknowledge that members of the public are as qualified to recognize metaphors, puffery and hyperbole in the marketing of the legal services as they are when they are buying cupcakes or hiring plumbers continues to astound. Many state bar associations still have, and enforce, ethics rules that make the kind of obvious analogies routine in TV, online and print advertising violations because they are deemed “misleading or deceptive.” Florida has long been one of the most notable laggards in applying common sense to lawyer advertising. In contrast, the District of Columbia, with the largest bar in the nation, has largely eliminated such rules. except in conduct constituting outright lies. Just a few days ago, I told a client that the other bars were slowly moving in D.C.’s direction. I did not expect Florida’s bar to again embarrass itself and its lawyers–AND MY DOG—again, after making itself the butt of jokes over a decade ago with virtually the same complaint it made against a lawyer’s ads more than a decade ago. I thought the Florida Bar had learned. I thought eleven years was more than enough time for it to accept the basic concept of advertising…and to learn about dogs.

Guess not.

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When Ethics Fails, The Law Steps In, And Often Makes An Ass Of Itself…

/ Jack Marshall / 1 Comment

Greg-Abbott

There is no excuse for this:

Abbott tweet

Well, let me clarify that a bit. Anger, frustration, outrage at the open attack on democracy and a level playing field in the marketplace of ideas are all legitimate reasons for someone to default to “there ought to be a law!,” but there is no excuse for elected officials like Abbott and Texas legislators displaying such ignorance of the Bill of Rights.

Stipulated: what Big Tech and the social media platforms are doing right now, deliberately and brazenly attempting to slam their fists down on the scales of democracy to make it as difficult as possible to communicate opinions, news and other expression that our rising woke dictators find inconvenient, is a genuine threat to the nation’s values and existence. However, those same values will be weakened if laws mandating companies to be fair and ethical undermine the First Amendment. As the giddy AUC and my Trump Deranged Facebook friends immediately reply to any criticism of the growing censorship of conservatives and especially President Trump, a private company has a nearly absolute right to decide who has access to its free services. As the social justice crusaders don’t say, but prove every time they make this kneejerk observation, they are thrilled to see their fellow citizens muzzled this way, since it advances their own interests. Big Tech and the social media companies have the right, but it is not right for them to abuse it this way when they have so much control over public debate and information.

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And Today In The Attack On Liberty And The Pursuit Of Happiness That Is Known At Ethics Alarms As “The Great Stupid”…

/ Jack Marshall / 13 Comments

Liberty weeps

Online retailer eBay has announced that it will no longer allow owners of the six Dr. Seuss books eliminated this week from Theodore Geisel’s published children books to sell the books online in its auction platform.

Citing its offensive materials policy, eBay Corporate Communications Specialist Parmita Choudhury explained, “At eBay, we have a strict policy against hate and discrimination to ensure our platform remains a safe, trusted and inclusive environment for our global community of buyers and sellers.We’re currently sweeping our marketplace to remove these items. It can take some time to review all existing listings and provide education to impacted users. We’re also monitoring the newly published list to be reviewed.”

First they came for Yertle the Turtle….

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Ethics Dunce: NYT Columnist David Brooks, Weaving A Web Of Conflicts

/ Jack Marshall / 6 Comments

Weave-logo

I figured out a long time ago that David Brooks, one of the alleged conservative voices among the New York Times’ swollen gang of knee-jerk Angry Leftists, was a hypocrite and fraud with barely a hint of genuine integrity. Now comes the proof.

In 2019, Brooks introduced Times readers to his vision of “Weavers,” a movement to fight social isolation by “building community and weaving the social fabric” across the nation. In a Times column called “A Nation of Weavers,” Brooks wrote that he had launched Weave at the Aspen Institute, a prominent think tank based in Washington, DC. Brooks went on to author several columns to praise and promote Weave. He also had other columns mentioning, positively, Facebook, its founder Mark Zuckerberg, andFacebook’s products and activities.

Facebook, unreported by Brooks or his paper, had contributed $250,000 to the Aspen Institute to help launch Weave in 2018.

Now, thanks to Buzzfeed, we learn that Brooks has been drawing a second salary for his work on Weave, meaning that he is being paid at least in part through the largess of Facebook. He has not mentioned any of this in his columns. Thus, when David Brooks promoted the good work of Weave, he is using his Times column to do work that he is being paid for by someone else, and secretly advancing the interests of Facebook and the Aspen Institute, not because the columnist objectively has concluded that they warrant it, but because he benefits financially when they benefit.

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Is It Possible All News Organizations Are This Incompetent? Nah, Couldn’t Be…

/ Jack Marshall / 10 Comments
Booker Hoax

That’s the uncanny Booker imposter on the left, the real Senator on the right…

There is incompetence, and there is mind-melting, skin-flaying, “You did WHAT???” incompetence. A story that I read while laughing last night is the latter. Here is the whole thing, from The Hill:

The BBC has apologized for airing an interview with someone posing as Sen. Cory Booker (D-N.J.) on Friday.

According to a post on the BBC website, the interview only aired at 3 p.m. EST last Friday but was not used any other time.

“In our Newshour radio programme on Friday, a man claiming to be Senator Cory Booker was interviewed in what appears to be a deliberate hoax,” the BBC wrote in a post it called a correction and apology.

“We have apologised to Senator Booker and are looking into what went wrong to make sure it doesn’t happen again.”

The message was posted to the BBC website over the weekend and the network made an on-air mea culpa Monday. The BBC declined to comment on how the incident occurred or when the faux U.S. politician was booked. Press representatives from Booker’s office did not immediately comment on the incident.

Now I’m laughing again. This would be embarrassing for my high school newspaper, The Arlington High Chronicle, but the BBC? An apology is hardly sufficient. This goes way beyond fake news to fake newsmaker, fake interview, fake journalists, and fake trustworthy news organization. I’m trying to think of a similarly outrageous news media botch, other than CNN allowing Don Lemon, Chris Cuomo and Brian Stelter to masquerade as competent commentators. After all, at least they really are Don Lemon, Chris Cuomo and Brian Stelter...or are they?

Other observations:

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Ethics Verdict: It Doesn’t Matter Whether Or Not Coke’s Diversity Training Specifically Tells Employees To “Try To Be Less White”—It’s Still Unethical.

/ Jack Marshall / 27 Comments

Less white

Coke 1

One of the ways the news media and factcheckers confuse the public rather than enlightening them is their well-developed penchant for complicating an issue beyond comprehension so normal people just shrug and say, “I don’t have time for this: the sock drawer beckons.” This strategy allows all sorts of unethical conduct to fly under the radar. A recent example has been the controversy over Coca-Cola’s corporate diversity training, a current obsession of the rightish media which I admit that I skipped when I saw the first of the Powerpoint slides above. I saw it, and concluded that it could not possibly be part of an official major corporation’s diversity course despite what I was being told so I and any other woke-averse Americans would become livid. As it happens, I was right, but that misses the real issue.

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Quasi-Apology Of The Month: Attorney John Morgan

/ Jack Marshall / 15 Comments

Screen_Shot_2021_02_24_at_2.35.38_PM.6036aadd5594c

I’m not sure where this falls on the Ethic Alarms Apology Scale.

I admit that I’m never heard of John Morgan, but I am told he is a well known attorney in Orlando, Florida, and like so many trial attorneys, a character. Morgan keeps his name before the public in part by posting self-made videos on Twitter posted ( #Johnin60secs ) videos where he gives spontaneous running commentaries on life in general in the conversational and engaging style that makes him a successful litigator. It is a clever marketing approach: I’m pretty sure it gets around Florida’s strict lawyer advertising rules. For example, in one video he described his head as being “ the size of a watermelon,” which is obviously hyperbole. In a legal advertising, a lawyer can’t me make any false or misleading statement or one that can’t be verified.

But I digress. There is a danger any time anyone, no matter how glib or accustomed to speaking off-script, does so for public consumption, as the late Rush Limbaugh, acres of crushed”shockjocks,” Michael Richards and I, among others, can attest. And so it was that Morgan, in one of his videos, was riffing on fast food franchises, and said about Arby’s,

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