Weeping And Screaming At The Sky: Dear Democrats, Progressives, And “The Resistance,” Are You Embarrassed Yet? Why Not?

The emerging strategy of the traumatized and indignant Left since the debacle of last November 8 has been, it seems, to try to cause President Trump to snap, so he would do something that unequivocally justifies removing him from office. Actively trying to drive your elected leader nuts is border-line treasonous, of course, so this strategy is unethical, but never mind: so far, it’s not working. Instead, President Trump’s foes are the ones snapping like dry twigs in the woods. The spectacle is unprecedented in U.S. history, and should be so embarrassing to the un-snapped members of the President’s opposition that it is disturbing that they are not yet  wearing bags over their heads and thinking about witness protection.

The anti-Trump forces could justifiably be ashamed to be associated with all the academics who have thoroughly beclowned themselves, like Harvard’s deluded Larry Lessig, and the long-snapped government ethics specialist Richard Painter, who is back to peddling a false theory of how the 25th Amendment works in order to bootstrap an impossible plan to remove Trump. Then there is the risible  $10,000,000 ad campaign by frustrated billionaire Democratic donor Tom Steyer, calling for Trump’s impeachment without being able to articulate a single basis that would pass logical, legal or Constitutional muster. Maxine Waters is going full demagogue (you never go full demagogue) in her own obstinately ignorant proclamations that an elected President can and should be removed because the Congressional Black Caucus disapproves of his tweets, while the official leadership of her party—which, incredibly, just added disgraced cheat Donna Brazile to its ranks, signalling it vales and priorities— opposes the most uncivil and boorish of Chief Executives by routinely seasoning their own diatribes with words like “shit” and “fuck.” Meanwhile, the defeated Democratic standard bearer in 2016, Hillary Clinton, is on a tone-deaf “blame everybody” tour while multiple scandals surrounding her own campaign revive and emerge, as she establishes herself as the least graceful, whiniest, worst loser in American Presidential annals by approximately ten laps.

All of this and more is certainly bag-worthy, but compared to developments this week, they are badges of honor. Behold: Continue reading →

Dear Lisa Bloom, You Unethical Hack: Stop Making Me Defend Kathy Griffin!

I had to get this post up before the Morning Ethics Warm-Up, because it warmed ME up by almost exploding my head.

Lisa Bloom, the daughter of feminist muck-raking celebrity attorney Gloria Allred, has already shown the she has either no regard for legal ethics, or is spectacularly ignorant of them. She has publicly breached the duty of loyalty, attacking her former client, Harvey Weinstein; she took on Weinstein in the teeth of a blatant conflict of interest that she also publicized, as if it was something to be proud of. Yesterday, she showed that she is unfamiliar with, or perhaps just doesn’t give a damn about, the core legal ethics principle of confidentiality, perhaps the most important legal ethics duty of all.

Her latest ex-client to be the victim of Bloom’s unprofessional conduct and disloyalty is Kathy Griffin, she of the severed head. Griffin announced that she had fired Bloom, and wasn’t nice about it—but then when is Griffin ever nice?—saying, “Yes, I got Bloomed. Yes, I didn’t have a good experience with her. Yes, I feel that she and her husband exacerbated my personal situation.” Disaffected clients can say anything they choose about their lawyers. They can do it on Yelp, on the lawyer consumer site Avvo,  to the Hollywood Reporter or hire a skywriter. What a client says, mean or not, untrue or not, still  does not alter a lawyer’s continuing ethical obligations one whit. A lawyer cannot get into a public fight with a former client over what did or did not occur during the representation. Every lawyer knows this, or is supposed to.

Yet Bloom—I would say “incredibly” had we not seen other examples of her professional ethics cluelessness—released this statement on Twitter:

[My head told me in a statement that it would have exploded over this but determined that doing so over Kathy Griffin and Lisa  Bloom was demeaning to head-explosions. I concur.]

The fact that Bloom had prepared Griffin’s remarks for the press conference, the fact that they worked on them together, the fact that Griffin discarded them, the fact the performer “ad-libbed” and “extemporized” are all client confidences. For all we knew, Griffin’s claim during the press conference that she was ignoring her notes was part of a pre-planned strategy.  I assumed it was; Griffin is an actress. “It’s best if you show that you are talking from the heart, Kathy,” is advice I would expect Griffin’s lawyer to give. A lawyer cannot tell the public that a client ignored her advice. Only the lawyer and the client know that. Revealing it is to disclose information the lawyer learned during the course of the representation that will harm or embarrass the client, a serious ethics violation and betrayal of trust Continue reading →

Morning Ethics Warm-Up, 10/22/2017: My Unfair College Admission, U. Penn’s Bigoted Grad Student, Fox News Imitates The Weinstein Company, And THIS Is An Unethical Lawyer…

Good Morning!

1 Yesterday’s ethics  bombshell was the news that Fox News extended its contract with star bloviator Bill O’Reilly earlier this year, knowing that he had agreed to a $32 million settlement with a woman who accused him of  repeated harassment, a non-consensual sexual relationship, and other offenses. Nonetheless, it decided  it decided to sign him a four-year, $25 million a year, contract extension. The New York Times scoop reported that Rupert Murdoch and his sons,  decided that it was worth it to keep O’Reilly even as Fox News was trying to recover after having to fire Roger Ailes for multiple sexual harassment claims. Fox added to the O’Reilly’s extension a clause that allowed for his dismissal if new allegations of harassment or other relevant information came out regarding the previous accusations.

Boy, am I glad that I didn’t lift my personal Fox New boycott after O’Reilly left.

This is unconscionable conduct by Fox, equal in its slimy ethics void to what the Weinstein Group did when it acknowledged its founders sexual predator proclivities in his contract. Fox News, by keeping O’Reilly knowing that he had harassed its employees (and worse),

  • demonstrated to its staff that it cared more about ratings and profits than principles and the safety of its female employees and guests
  • sent the message that if you were a big enough cheese at Fox you can get away with abusing women
  • proved that the sick and sexist culture nurtured by Roger Ailes from the beginning was still flourishing.

Ugh. But I can’t say I’m surprised. [Mr Kimble (Alvy Moore) on Green Acres: ” I can’t say I’m surprised. Actually, I can say I’m surprised. I’m surprised! But I’m not surprised.”]

How many other companies tolerate sexual harassers in their executive offices outside of Hollywood? A lot.

O’Reilly, demonstrating again that he is a liar as well as as a sexual predator, absolutely denies that he ever harassed anyone. He needs better lawyers, then. Harvey Weinstein paid off an actress he raped for just $100,000, and poor Bill had to fork over 32 million bucks for something he didn’t do!

2. This morning’s “Wait—WHAT?” ethics headline is this one, from the ABA News: “Lawyer who blamed ethics case on mother can’t discharge $500K in student debt, federal judge rules.”

Illinois lawyer Donald Rosen argued that his three-year license suspension for misappropriating over $85,000 in client funds made it impossible to find appropriate work and so should be allowed to discharge his $500,000 student debt. (How did he end up with a $500,000 student debt?). ‘Uh, no,’ ruled U.S. District Judge Rebecca Pallmeyer, perhaps because Rosen had paid only about $11,000 in student debt over the previous 37 years.

Why did Rosen blame Mom? He claims his 82-year-old mother, who worked at his firm, inadvertently used client funds to pay business expenses.  Rosen said his mother was embarrassed by her actions and falsified bank statements to cover it up. Then, Rosen says, he innocently provided those fake bank statements to police and the hearing board considering the ethics case against him.

3. How can this happen? Why is it happening? Who defends this? How long will it continue? Continue reading →

Morning Ethics Warm-Up, 10/21/17: Fake Bravery, Mysterious Hate Speech, Vindictive Ex-Presidents, And The Trans Fold-Out

I confess: I miss New England…

Good Morning.

Thank God it’s Saturday.

1 The definition of “courage” being used to describe some of the late-to-the-party revelations of Harvey Weinstein’s victims is more than a bit off.  For example, Academy Award  winner Lupita Nyong’o’s op-ed, in which she talked about her own harassment by Weinstein, was hailed by Kerry Washington, Ellen DeGeneris and others, including singer Janelle Monae, who wrote, “My hero. Thank you for your bravery. Thank you for using your voice.”

Bravery? Nyong’o’s piece could be fairly described as kicking a dead horse when he’s down. There is no danger to Nyong’o now in joining the throng accusing and exposing Weinstein, whose head is on a metaphorical pike in Hollywood. Indeed, claiming victimhood now acquires sympathy and declares that one is joining one’s peers in a virtuous quest. There is nothing wrong with her op-ed or the fact that she wrote it, but it isn’t brave. It would have been brave if she had written it while Weinstein had power…and was still using that power to intimidate and exploit actresses

2.  A recent quiz in the New York Times threw some light, or maybe ice water, on the concept of “hate speech.” The quiz asked Times readers to judge whether a statement was hate speech, and contrasted the results with Facebook’s hate speech policy, and the kind of statement would be removed from the social media platform as violating its standards. Facebook defines hate speech as:

  1. An attack, such as a degrading generalization or slur.
  2. Targeting a “protected category” of people, including one based on sex, race, ethnicity, religious affiliation, national origin, sexual orientation, gender identity, and serious disability or disease.

Here were the samples; Times readers were asked to vote yes or no to the question, “Would this statement meet Facebook’s criteria for hate speech?”

A. “Why do Indians always smell like curry?! They stink!”

B. “Poor black people should still sit at the back of the bus.”

C. “White men are assholes.”

D. “Keep ‘trans’ men out of girls bathrooms!”

E. “Female sports reporters need to be hit in the head with hockey pucks.”

F. I’ll never trust a Muslim immigrant… they’re all thieves and robbers.”

The Answers:

A. Facebook: Hate speech. Times readers: 75% yes, 25% no.

B. Facebook: Not hate speech. Times readers: 92% yes, 8% no.

C. Facebook: Hate speech. Times readers: 48% yes, 52% no.

D. Facebook: It depends on the context. Times readers: 57% yes, 43% no.

E. Facebook: Not hate speech. Times readers: 80% yes, 20% no.

F. Facebook: Not hate speech. Times readers: 91% yes, 9% no.

Ethics Alarms: the concept of hate speech is a dangerous, intentionally vague, manufactured category of speech pointing to restrictions of free expression. There is hateful speech, insulting speech, bigoted speech, biased speech, cruel speech, uncivil speech and rude speech, but all of it is still protected speech.

The tell is C. Times readers only voted that one statement wasn’t hate speech, the one that denigrated all white men. Of course they did. By Facebook standards, that vote is hate speech. I think.

Facebook can ban whatever speech it chooses, of course. The fact that it engages in this kind of vague, inconsistent, bias-laden censorship, however, tells us how much we should trust it: Not at all.

3. Speaking of bias, the Trump-haters in the news media—which is to say, the news media—were thrilled that both Barack Obama and George W. Bush delivered, on the same day, statements that were taken as rebukes to President Trump without mentioning him by name. Both Presidents were treading in serious hypocrisy mine fields, and neither were called on it sufficiently. Bush spoke of “fading confidence” in free markets: Gee, who was President when insufficiently regulated capitalists crashed the world economy? Obama, even more cynically, pointed to social, racial and economic schisms after his eight years of aggravating and exploiting them. Both Bush and Obama—and for them, this is a despicable ethics foul—conflated illegal immigration with immigration, to the seal-flipper applause of the open-border crowd.

The significance of these dual attacks is less than it appears. Bothex-POTUSes are motivated by personal animus and as well as personal bias. President Trump is doing an excellent job, as promised, of erasing Obama’s few substantive achievements and policy initiatives from the record, and he has only been at it for less than a year. Are you a a successful President if the primary lasting effect of your administration is reversal of progress in racial reconciliation? Obama’s enmity is predictable, but hardly based on objective consideration. Bush’s attack is even less so.  Candidate Trump’s attacks on President Bush’s brother were nasty and personal; the entire family has made no secret of the fact that it won’t forget, and hates the President’s guts/

The real ethics lesson, as well as a practical policy lesson is that being gratuitously mean to people isn’t just unethical, it is incompetent for a leader. This is one more area where the President shows a self-destructive lack of control and prudence as well as a flat learning curve. At a recent event, Paul Ryan, another target of Trump’s personal insults, mocked the President. John McCain has clearly decided that he will do whatever he can to undermine him until his last breath. Not only do the various public figures Trump needlessly insults and attacks occasionally have the opportunity to strike back in substantive ways, they also have supporters who will side with them even when those strikes are unfair or petty.

Deliberately making enemies is an example of life incompetence. It is so for a librarian or a short-order cook; it is even more so for a leader. It just makes it harder for you to do your job.

Why would you do that?

4. And now that Hugh Heffner is dead, Playboy is trying to make him roll over in his grave by announcing that it will have its first transgender Playmate.

Is this Ick, or ethics? Presumably, if the magazine has any integrity at all, Playboy chooses its Playmates according to their aesthetic qualities, not their medical history. These are women. Stipulated: French model Ines Rau is a woman, now.  Why is her selection focusing on how she got to be one?

Well, it’s obvious, isn’t it? Rau wasn’t chosen because she is a beautiful woman, though I am not saying that she isn’t. She was chosen because she is transgender, and beautiful enough. This was affirmative action. Reports say she is honored. Why isn’t she insulted? If President Obama told Sonia Sotomayor that she was being nominated as a Supreme Court Justice not because she is especially qualified, but because she is Hispanic, would Sotomayor have been pleased?

Rau is being exploited, as Playboy treats the transgender social issue as a fad, to sell magazines and get publicity. Predictably, many of Playboy’s readers are objecting for the wrong reasons: they are bigots. Playboy’s social media response is telling: “Standing on the right side of history.” This is, as Ethics Alarms has pointed out before, a facile dodge and a rationalization. “We’re on the right side of history” is weak variation of the Number 1 rationalization on the list, “Everybody does it.” It means “Everybody’s going to do it, just you wait and see.”

Color me dubious. Heterosexual men who buy girlie magazines are going to find transgender women more beautiful and sexually arousing because they once were biologically male?

Sure, Playboy. Whatever you say.

Now THIS Is A Witch Hunt…The Bitter Actress’s Old Score

 

Cross and Yi

Actress Charlyne Yi ( you may remember her on “House”—well, maybe not)  tweeted last week :

“I think about the first time I met David Cross 10 years ago & he made fun of my pants (that were tattered because I was poor). Dumbfounded I stared at him speechless and he said to me ‘what’s a matter? You don’t speak English?? Ching-chong-ching-chong.’

“I will say this: I can tell the difference between this man making a joke vs condescending me,” Yi wrote later. “This happened 10 years ago and I sure as hell hope he’s changed (or at the very least, he’s scared enough to not be his racist self).”

Now Cross, a very funny improvisational comic and actor best known for “Arrested Development” (he was also in the first two “Men in Black” films) is being attacked on social media as a a racist. He purports to be flummoxed.

“I don’t remember this at all!” he said in a tweet this week. Cross later tweeted to Yi,

“Charlene, i dont remember this at all! It’s bonkers to me and WAY, way out of character. DM me so I can understand all of this.”

Mark this down as one more way social media allows people to be worse human beings, and makes the world a meaner, nastier place.

Yi, who has obviously held a grudge for a long, long time (Career just didn’t work out the way you hoped, eh?) exploited social media to get some media buzz by accusing a colleague of being a jerk ten years ago. This, in turn, calls down on Cross’s head the Web Furies, harms his reputation, and there isn’t a thing he can do to defend himself, whether he said what she claims, or not.

This is a blinding Golden Rule breach by Yi. Who among us would like to have this happen—a bad moment in a single personal interaction suddenly made public just to cause us humiliation and embarrassment? It seems as if Yi, lacking a salacious story of being propositioned, assaulted or raped by Harvey Weinstein, decided to see if recounting the time David Cross was a jerk to her could get some cheap publicity. And it worked! Continue reading →

Morning Ethics Warm-Up, 10/19/2017: Gwyneth’s Mom, Harvard’s Airbrush, Salon’s Favorite Conservatives

Yes, I KNOW it’s Thursday, but I meant to use this song yesterday, but didn’t, because I thought it was Tuesday…

GOOD MORNING!

1 We have several Ethics Train Wrecks barrelling along. The Harvey Weinstein Express is still picking up expected passengers, like Harvard University’s Hutchins Center for African and African American Research. The Executive Committee unanimously voted to award Weinstein the 2014 W.E.B Du Bois medal for contributions to African and African-American culture. In the midst of complaints by the African American community that Hollywood was slighting black artists and themes in its films, Weinstein’s Miramax studio had stood out as a notable exception.

The same professors voted Tuesday night to rescind the honor in the wake of the Weinstein’s (long-known but only recently publicly exposed) sexual predator proclivities, announcing in a statement: “We have voted unanimously to rescind the Du Bois Medal awarded to Mr. Weinstein in 2014. We stand with the women who have courageously come forward to fight for themselves and indeed for all of those who have experienced similar abuse.”

Wrong, and cowardly. What does sexual harassment have to do with African American culture? The mania among progressive missions groups to insist that only those who satisfy all broad progressive agenda mandates are worthy of any honor is why the nation’s continued celebration of Jefferson, Washington and other founders is hanging by a thread. Did Weinstein deserve the award in 2014? Yes, I assume. Has anything changed regarding the producer’s contributions to black culture through his movies? No.

I covered this substantially identical situation here, in 2015. Continue reading →

Morning Ethics Warm-Up, 10/18/2017: Welcome To My World! Special Legal Follies Edition

Good Morning!

1  Oh, let’s begin the day with Roy Moore, the former Alabama judge and present wacko whom Alabama Republicans voted to represent the GOP in the 2018 U.S. Senate election, thus proving that there are a lot of deplorables in the state. As was completely predictable given his record, Moore recently told his drooling followers (after being introduced by Abraham Hamilton, Alexander Lincoln being unavailable),

“Somebody should be talking to the Supreme Court of the United States and say, ‘What gives them a right to declare that two men can get married?. . . Tell the Congress: Impeach these justices that put themselves above the Constitution. They’re judicial supremists and they should be taken off the bench.”

Comments Jonathan Turley,

So Moore believes that he should not have been removed from the bench for putting his personal religious beliefs above the Constitution, but justices should be removed if they interpretation the Constitution in a way that contradicts his religious beliefs.  This, he insisted, would ‘solve the problem….such a view would violate not just fundamental principles of judicial review but it would violate the impeachment clause.  As the last lead counsel in a judicial impeachment case (in defense of Judge Thomas Porteous), Moore’s view is deeply troubling.  As I have previously written, the Good Behavior Clause of Article III was designed to protect the independence of the judiciary and insulate it from political pressures.  It was meant as a guarantee of life tenure against precisely the type of threat that Moore is endorsing. 

But it’s pointless to make genuine legal and historical arguments against someone like Moore. He’s a theocrat, a fanatic, a bigot and a demagogue. The Republican Party should endorse his opposition and campaign against Moore. This fiasco is their fault, and someone like Moore should be kept out Congress at all costs.

2. Now to someone who is, incredible as it seems, somewhat less ridiculous, this gentleman, Christopher Wilson…

 

No, that’s not a botched tattoo on his forehead: the blurry words are “fuck” and “sluts”, making the whole, eloquent message, “I’m a porn star. I fuck teen sluts.” This roughly translates into  “Look at me! I’m an idiot!”  The newspapers that refused to print the blurred words (the police had the mugshot altered) that are essential to the story, meanwhile, are telling us, “We don’t understand our profession.” The story is incomprehensible if the actual words aren’t clear, literally or figuratively.  Fox News and the NY Post, for example, say, “The Cincinnati man has the words “I’m a pornstar” tattooed on his forehead” and “another vulgar message” tattooed below.” Since the issue is whether the message on his FACE is going to prejudice the jury in his trial for sexual assault, this is juvenile coverage omitting key information to avoid “giving offense.”

Ethics Alarms to the news media: Grow up.

Turley (again…he loves the tattoo stories) writes,

“The court will be left with a question of whether the tattoo is too prejudicial or whether it is unavoidable as a personal choice of the defendant….Yet, these tattoos contain an admission to the crime at issue in the trial.  In the end, a judge could legitimately conclude that this falls into the category as bad choices bringing even worse consequences.”

What? First, the defendant is not charged with fucking teen sluts while acting as a porn star. That conduct could well be consensual and legal.  Turley is also wrong that the judge could “legitimately” allow the jury to see his message. In both cases involving a defendant’s prejudicial tattoos, the judges agreed that they had to be made invisible, in one case using make-up… Continue reading →

Morning Ethics Warm-Up, 10/17/2017: Comey, Eminem,”Hustler”… And Cognitive Dissonance

ARRGH! I thought this was posted hours ago! Verizon is doing it to me again, going on and off every ten minutes. This is war.

 

Good Morning!

1 Nicely dovetailing with last night’s Ethics Alarms post, Christian Toto put his finger on the tragic and narcissistic delusions of Hollywood celebrities and athletes, without specifying what is really going on: a complete failure to comprehend the Cognitive Dissonance, and the perils of defying the scale. His post is called, “Celebrities make it official: Pick Trump or Us!”

He relates…

Eminem appeared at the BET Awards this week to do more than plug his new album. He unleashed a four-plus minute rap against President Trump…

That’s hardly worth a news item alone. Virtually every player at every level of the entertainment world is against this Commander-in-Chief. Trump…A few have wished him dead in colorful ways. Eminem didn’t go that far. Instead, he turned some of his ire against Trump towards those who support the president:

“And any fan of mine who’s a supporter of his

I’m drawing in the sand a line: you’re either for or against

And if you can’t decide who you like more and you’re split

On who you should stand beside, I’ll do it for you with this:

Fuck you!”

The next night, “Late Night“ host Seth Meyers praised the rapper’s “powerful” rant-rap, and then said:

“And I was inspired by that, so tonight, I say to any fans of this show who are also big fans of Donald Trump, it’s time to make a decision,” said Meyers. “Get off the fence. Do you support him or do you support this show, that constantly mocks and denigrates everything about him? I know it’s a tough call, but the time has come to make a decision. Now, I’m not much of a rapper, but here it goes. My name is Seth and I’m here to say, if you like Trump, then go away.”

Then Meyers ended by flashing his middle finger.

Nice. Also incredibly arrogant,  stupid and ignorant. Whatever Donald Trump’s status on the public’s cognitive dissonance scale …

…was before November 8, it was a lot better after. The Presidency is high on the scale for the vast majority of Americans, because the Presidency, no matter who occupies it presently, carries the respect and prestige of all of the former Presidents, including Washington, Lincoln, the Roosevelts, and yes, Obama. That yanks a new President up the scale, and hard. Part of the assault on Jefferson, Jackson, Lincoln, Washington and Madison by progressives consciously or unconsciously seeks to counter this effect by tearing down the office—yes, “the resistance” would destroy the institution of the Presidency to save it—, but it doesn’t matter. The power of the office can’t fall far enough or fast enough to pass Seth Myers or Eminem on the lower rungs. These ludicrously confused semi-celebrities, just like the NFL stars that most people couldn’t pick out of a line-up, really think choosing between them and the President, the flag and the United States of America—you see, that is the team—and their minuscule and trivial personas is an easy choice. It is, but not the choice they think. When Trump wrongly injected himself into the foolish NFL kneeling protests, the players actually believed that if they showed “solidarity,” NFL would choose them over the President of the United States.

Brilliant.

2.  Yesterday, the FBI confirmed that James Comey indeed drafted his July 5, 2016 statement declaring that Hillary Clinton’s official and classified email machinations did not quite violate the law two months before he made it, and before Clinton had even been interviewed on July 2, 2016.

I initially was inclined to give Comey the benefit of the doubt here, but especially following on the heels of  the FBI  “discovering” last week 30 pages of documents related to the strange 2016 tarmac meeting between former President Bill Clinton and former Attorney General Loretta Lynch while the investigation of Bill’s wife was at a critical stage, I have to revise my opinion. Before the election, Comey’s FBI denied that any such documents existed. Are serious people really going to keep claiming that the President firing Comey was “obstruction of justice”? Increasingly it looks as if Obama’s keeping him in office was a travesty of justice. Or Justice.

 

The release of Comey’s prescient draft confirms information that Senator Chuck Grassley, chairman of the Senate Judiciary Committee, and Senator Lindsey Graham, a member of that committee, disclosed in a letter to new FBI Director Christopher Wray in August.  The Senate Judiciary Committee is reviewing Comey’s conduct as director and President Donald Trump’s firing him in May.

Some analysts are defending Comey, but that seems to be an increasingly forced exercise. “To me, this is so far out of bounds it’s not even in the stadium,” Chris Swecker, who retired from the FBI in 2006 as assistant director for the criminal investigative division and acting executive assistant director for law enforcement services, told reporters. “That is just not how things operate…. It’s built in our DNA not to prejudge investigations, particularly from the top.” Ron Hosko, an assistant FBI director under Comey, said that while drafting statements is not unusual, having such drafts include conclusions regarding matters that have not been thoroughly investigated is:
Continue reading →

Your Harvey Weinstein Ethics Train Wreck Update, With The Ethics Quote Of The Week From Screenwriter Scott Rosenberg

In 2009, after fugitive cinema auteur/child rapist Roman Polanski was arrested by Swiss police following a request by the U.S. Justice Department that he be extradited to serve his sentence, Harvey Weinstein authored an op-ed arguing  that  “Roman Polanski is a man who cares deeply about his art and its place in the world.” The article dismissed Polanski’s rape and sodomizing of a 13-year-old actress as “a so-called crime.”

 Weinstein then signed am infamous petition for Polanski, along with many Hollywood celebrities.

Last week, Academy Award-winning British actress Emma Thompson appeared on the BBC to  denounce Weinstein’s conduct.  Newsnight’s Emily Maitlis asked her, since she felt so strongly about sexual assault, why she had signed the Polanski petition.

No, I have not heard or read that any U.S. journalist has had the courage or integrity to ask the question of other actresses who have similarly flip-flopped.   Thompson she said she had signed “without really thinking about it . . . I had been absolutely bamboozled by my respect for his art.”

Sure. Emma, that explains it What woman doesn’t sign a “Forgive the rapist” petition without thinking about it?

2.  Hollywood Screenwriter Scott Rosenberg took to Facebook to post a provocative exposition on his early days at Weinstein’s Miramax Films, with a tough kicker: “Everybody fucking knew.” If everybody fucking knew, is it really believable that the Clintons, the Obamas, the other Democrats who gleaned millions from Harvey and Harvey’s connections, and the journalists that never exposed him at the cost of undermining their favorite party didn’t know?

No. It isn’t believable.

Here’s Rosenberg: Continue reading →

That Settles It, If It Wasn’t Obvious Already: Lisa Bloom Is An Unethical Hack (But I Could Be Wrong…)

Now, don’t sue me, Lisa! Remember what it says in the “About” section (above), this is all just my opinion. When I say you are a stunningly unethical lawyer, that’s just my analysis; it’s true I know something about legal ethics, teaching and consulting on it full time, but I can’t assert my opinion as fact. I can’t read your mind or slog through your soul. I don’t know what a bar disciplinary committee would decide, though I know this is a famously gray area in legal ethics, so unethical conduct is unlikely to be punished.  And when I say you’re a hack, remember that “hack” isn’t a description subject to objective proof, any more than, say, “asshole.” Perhaps your definition of “hack’ is different from mine. In fact, I’m sure it is.

That said, your conduct is a professional disgrace. I think. Who knows? I may be wrong.

In an interview with BuzzFeed News published this weekend, Bloom, speaking of her recently terminated representation of Harvey Weinstein, said

“I can see that my just being associated with this was a mistake. All I can say is, from my perspective, I thought, ‘Here is my chance to get to the root of the problem from the inside. I am usually on the outside throwing stones. Here is my chance to be in the inside and to get a guy to handle this thing in a different way.’ I thought that would be a positive thing, but clearly it did not go over at all.”

Bloom added that she will no longer represent men accused of sexual misconduct, “even those who convincingly tell me they are innocent….I will just make the best choices I can out of every situation. I have clearly not been successful. I think anybody who does big bold things fails. And I definitely failed on this one.”

What Bloom has failed at is called “being a trustworthy and competent lawyer.”

The next day, during an appearance on Good Morning America, Bloom even more explicitly threw her former client under the metaphorical bus:

“It’s gross, yeah,” Bloom told GMA. “I’m working with a guy who has behaved badly over the years, who is genuinely remorseful, who says, you know, ‘I have caused a lot of pain.’”

Did Bloom actually graduate from law school, or did she just apprentice in her mother’s office (she is Gloria Allred’s daughter) and somehow get an honorary license? Did she never learn about the a lawyer’s duties of loyalty and confidentiality? She obviously didn’t know about conflicts of interest, since she represented Weinstein while agreeing to let him turn her book into a TV miniseries.

Ethics Alarms has previously criticized lawyers who have publicly undermined their former clients. The most recent example  was last year, when a former Trump lawyer used his experiences while representing the future Presidential candidate decades earlier to write a scathing mid-campaign attack on his former client in the Huffington Post. I wrote,

There is strong disagreement in the profession about whether the answer to “Is this unethical?” should be an outright yes. The status of loyalty among the legal ethics values hierarchy is as hotly contested now as it ever has been. If a lawyer wants to attack a former client in a matter unrelated to the representation and no confidences are revealed in the process, is that a legal ethics breach? If it is, it would be a very tough one to prosecute. I think it’s a general ethics breach, as in wrong and unprofessional. It is disloyal, and clients should be able to trust their lawyers not to come back years later, after a client let the lawyer see all of his or her warts, and say, “This guy’s an asshole.” It undermines the strength of the public’s trust in the profession.

Continue reading →