Ethics Dunces

Morning Ethics Warm-Up, 10/31/2017: A Hate Outbreak, A Bigoted Judge, A Lost Post, And More Halloween Ethics

/ Jack Marshall / 67 Comments

Good Morning!

1 On Facebook, many of my progressive friends literally expressed glee at yesterday’s indictments, especially at the charge that Paul Manafort had engaged in “conspiracy against the United States.” Lots of social media users were expressing similar sentiments, the thrust being that they were excited that two individuals who worked for the Trump campaign were facing criminal charges…simply because they worked for the Trump campaign. This cackling mob hadn’t read the indictment, or if they did, they didn’t understand it. They just were engaging in free-standing hate by association.

The reaction is not sort of like, but exactly like, what I called  the “Ugliest moment of election night”: Trump’s crowd chanting “Lock her up!” as the upset electoral victory approached. Criminalizing the political process is not the way of democracy, and rooting for people’s lives to be ruined because of their partisan alliances is disgusting. Who among the people so thrilled to see Manafort and former Trump campaign foreign policy advisor George Papadopoulos being prosecuted know anything about them other than the fact that they worked for the President’s campaign? What do they think justifies cheering their indictment? Papadopoulos pleaded guilty for lying to the FBI about when he tried to meet with Russians claiming to have damning Hillary Clinton e-mails—which, I hope you know (and I bet the Facebook mob doesn’t) isn’t a crime.

Last night, Stephen Colbert, the full-time attack jester of “the resistance,” said of the indictments, “I know it’s almost Halloween, but it really feels more like Christmas!” What an idiotic and hateful thing to say, as well as a statement that is misleading to his audience, who naturally would think that the action implicates the President and the White House in something. (It doesn’t.)

2. Colbert also engaged in gratuitous race-baiting, because dividing the country along racial lines and promoting racial distrust is apparently what progressives think is funny and cool. Noting that the charges against Paul Manafort were filed on Friday but that he didn’t have to turn himself in until Monday Colbert smirked,  “Wow, we white people really do get arrested differently.” The “joke” is untrue, and racist in its own implications, suggesting that only whites commit white collar crimes and are regarded as low flight risks, while blacks commit the violent crimes and robberies that lead to immediate arrests.

These are ugly, mean-spirited people, poisoned by ugly, mean-spirited thoughts.

You can quote me.

3. Judge W. Mitchell Nance, a Kentucky judge, resigned after judicial ethics charges were filed against him as a result of his refusing to preside over any same-sex couple adoption cases. Nance announced that he would not  participate in  gay adoption matters in April, when he issued an order saying he was recusing himself from such case, arguing that adoption by a gay couple would never be in the best interest of a child.

The judicial misconduct complaint filed last month argued that Nance’s order violated the judicial ethics canons requiring judges to promote confidence in the integrity and impartiality of the judiciary, to be faithful to the law, and to refrain from showing bias or prejudice.

It does. Good riddance. Continue reading →

Your NFL Anthem Protest Ethics Train Wreck Update…

/ Jack Marshall / 25 Comments

It’s Sunday, so the question naturally arises: What are NFL players kneeling during the National Anthem to protest now?

In Houston, a majority of Houston Texans players “took a knee” during the National Anthem prior to today’s game against the Seattle Seahawks, presumably to protest  team owner Bob McNair’s botched comment last week when he said allowing the protests was like letting the inmates run the prison. He probably meant to say “asylum” rather than prison. NFL players, so many of them being accused or convicted felons, are understandably tender on the prison topic. McNair quickly apologized, but it doesn’t matter.  After all, there has to be some excuse for protesting the Star Spangled Banner, right?

What I can’t figure out is, if you take a knee to protest the incorrect use of hackneyed phrases, does that mean you aren’t protesting social inequities in America? Does such a protest mean these players care more about their hurt feelings than solving social injustice, since kneeling during the Anthem does so much to further that goal? Continue reading →

Ethics Dunce: Christ Church In Alexandria, Virginia

/ Jack Marshall / 39 Comments

I’m sorry, George. You know. Morons.

Christ Church in Alexandria, Virginia—the city where I and my family live— announced that it will take take down a memorial plaque  marking the pew where Washington sat with his family.

“The plaques in our sanctuary make some in our presence feel unsafe or unwelcome,” church leaders said. “Some visitors and guests who worship with us choose not to return because they receive an unintended message from the prominent presence of the plaques. Many in our congregation feel a strong need for the church to stand clearly on the side of ‘all are welcome- no exceptions.”

The unspoken but implied rationale is that George Washington was a slave-holder, and that this outweighs everything else. Never mind that the entire white population when he was alive believed that blacks were a lower breed of human. Never mind that it would have been literally impossible to grow up in agrarian, slavery dominated Virginia as a member of the plantation class without embracing slavery. Never mind that Washington continued to ponder the injustice of the practice, and eventually decided never again to buy or sell another slave while advocating slavery’s eventual abolition.  In his will, Washington left directions for the emancipation after Martha Washington’s death, of all the slaves who belonged to him.  Never mind that.

Never mind that without George Washington’s courage, leadership, aversion to excessive power and astonishing charisma and trustworthiness, there would be no United States of America. Continue reading →

Ethics Dunce: Bill Maher, As Usual

/ Jack Marshall / 39 Comments

Bill Maher, the star of HBO’s “Real Time,” was hosting comedian Joy Behar of “The View” to talk about her new book when they got on the subject of Bill O’Reilly and his  $32 million settlement of a single sexual harassment claim.

Maher observed that many of the recent powerful men of Hollywood accused of sexual abuse always seem to be married.  Behar expressed puzzlement regarding why that was.

Now, I could answer that question for Joy, as could anyone else smarter than she is, which is to say, almost anyone. Joy, you will recall, earlier this month excused sexual harassment by progressives like Weinstein over harassers like Bill O’Reilly because, she said, at least the liberals weren’t hypocrites. (She didn’t explain the pro-feminist/misogyny contradiction, but then Joy is, as I just noted, an idiot.)

Rich and powerful men are almost always older, usually middle-aged, in Hollywood, and everywhere else for that matter. See, Joy, it takes a while to become rich and famous. Nobody heard of you when you were 25 either, and let me tell you, I was much happier then.

The older a man is, the more likely he is to be rich and powerful—sexual harassment doesn’t require power, but power inequity helps—and also he is more likely to be married, especially in Hollywood, where executives  start wondering whether you are gay if you aren’t married and 40. Not that they care if you are gay—after all, more than 50% of Hollywood men probably are— but they care if the public cares, because then you won’t be as marhetable as a romantic lead. Thus even gay middle aged men are usually married by the time they are powers in Hollywood. This has been true since the 1920s.

Another reason is that it takes a while to accumulate hundreds of victims, as in the case of  James Toback.

Maher, however, had a different, if predictable, answer:

“Because they have shitty sex lives.”

Oh, was that a joke, Bill? Hilarious! Except Bill wasn’t joking. He’s a well-documented misogynist, not that this would stop a hypocritical feminist dimwit like Behar from sucking up to him since he is on the right side of history, and Maher has always made it clear that he thinks marriage is for chumps. Maher defended Bill Clinton’s sexual harassing/assaulting ways by arguing that he “earned it,” and has extolled his own lifestyle as a play-the-field, aging bachelor like Sam Malone on “Cheers” as Man Heaven. It should surprise no one that Bill  believes that if married women were good little submissive spouses and eagerly cheered while their fat, disgusting husbands masturbated in front of them like Weinstein or humped their leg like James Toback, men wouldn’t have to force young women looking for jobs to do it instead. Continue reading →

Abashed Morning Ethics Warm-Up, 10/28/17 [Updated]

/ Jack Marshall / 35 Comments

Good Morning!

1 Following a day in which various exigencies and responsibilities, plus fatigue and distraction, caused me to whiff on getting up at least three posts I thought were worthy of consideration, yesterday I failed to get any up at all. This makes me very unhappy, and I apologize. A fly-in, fly-out assignment in New York City had me up early and back late, whereupon I had my son’s birthday to acknowledge, the World Series to scrutinize and some aching feet to attend to. Priorities can’t be ignored, and being able to recognize when something you want to do and are devoted to doing just cannot be done well in the time allowed is a matter of life competence. Yet I hate failing loyal readers who care about ethics issues and rely on Ethics Alarms to explore them, and feel negligent when this occurs…fortunately, not very often.

Still too often, however.

2. The emergence of Hollywood director James Toback as a serial sexual harasser (at least) had me preparing a post about why theatrical directors are especially prone to this conduct. The gist of it was that in college, where participation in theater is often more social than aesthetic, directors forming romantic relationships with their cast members is neither taboo nor typically exploitative. Similarly, in community theater such relationships are not unusual or unethical, unless they interfere with a director’s artistic duties: casting an inferior performer because she’s your girl friend or because you want her to be is per se unethical. These are the cultures that produce many directors, and they enter professional theater, and later films, with bad habits that cannot be tolerated or continued in a professional context. Similarly, performers also come out of that culture. It may be difficult for some of them to comprehend that what is arguably acceptable in amateur settings is becomes unconscionable in a professional one.

However, this cannot explain Toback’s conduct. An astounding 200 plus women now say they were harassed or assaulted by him, and the list filled up in less than week. Compared to Toback, Harvey Weinstein and Bill Cosby seem restrained.

Actress Selma Blair, for example, says her agent arranged for her to meet Toback for a possible role in one of his films after her career had begun with promise. Blair says the meeting was scheduled at a hotel restaurant, but  when she arrived the hostess told her that Toback wanted to meet in his hotel room. There, Toback asked her to perform a monologue nude, directed her to have sex with him, and said he would not let her leave until he “had release.” Then the actress says, he simulated sexual intercourse on her leg. 

I begin my sexual harassment seminars by stating that the problem is one of ethics. If you have respect for human beings regardless of gender, if you are fair to people you interact with, if you are caring toward them and obey the Golden Rule, if you apply the three basic ethics alarms checks (“Does this seem right? Could I tell my mother about this? Would I want this on the front page of my local newspaper?”), then you won’t be a harasser. But I can’t begin to explain how someone reaches the point of depravity and utter contempt for women that he would behave the way Blair describes Toback behaving. This is, to understate it, uncivilized. Was he raised by wolves? I suspect even wolves would be horrified by his behavior. My father never had to sit me down at 13 and say, “Jack, it’s time for a talk. It’s never right to simulate sexual intercourse on a woman’s leg when she has come to interview for a job.” I didn’t need to be told this. Who needs to be told this who isn’t already a dangerous sociopath?

Somehow, the culture of Hollywood devolved to such a state that abuse of power and women became a social norm, and even conventionally acculturated adults had their values erased and replaced. That is the only way the Tobacks and Weinsteins could come to exist. That culture is now too sick and entrenched to be wiped clean by a few scandals. It is going to take a long time to change it, if indeed it can be changed. Continue reading →

Morning Ethics Warm-Up, 10/25/17: The Clinton Campaign’s Russian Dossier Connection, Her Lying Lawyer, And Jeff Flake

/ Jack Marshall / 33 Comments

GOOD MORNING!

1 I have long been an admirer of Arizona Senator Jeff Flake, who is one of the few members of Congress, more’s the pity, who will stick to his principles even when they pit him against his own party. However, his freak-out and verbal attack on President Trump accomplish nothing positive (unless you consider making Democrats happy positive) and  at this point constitute pure self-indulgence and, yes, these words are coming up a lot lately, virtue-signalling and grandstanding. I have no sympathy for Flake, Senator Corker, or any other Republican leaders who stood by and allowed Donald Trump to hijack their party. The time for Flake to take a stand was last March, or even earlier. Ethics Alarms stated that the GOP shouldn’t have let Trump into the debates or on its ballot. I said that he should have been kicked out of the debates when he began trashing the party, and when he  became disgustingly boorish and uncivil. I explained that it could have and should have refused to nominate him by changing the rules. The party had a duty to the country to present a competent, trustworthy alternative to the corrupt, venal, dishonest candidate the Democrats were going to nominate: everyone knew who that would be. Instead, the GOP sold its soul. Jeff Flake now says that Trump is reckless, outrageous and undignified? Who didn’t know that? I assume the President’s  voters knew that. On Ethics Alarms, I wrote about those Trump character traits in 2011.

It is particularly galling for me to read Flake’s attack on Trump in the Washington Post today, which begins, “As I contemplate the Trump presidency, I cannot help but think of Joseph Welch.” In fact, it makes me want to scream helplessly at the sky. In this Ethics Alarms post, I invoked Welch’s famous televised slap-down of Joe McCarthy before the first Republican candidates debate, and concluded “If someone doesn’t at least try it, none of these 15 non-Trumps are smart enough to be President.” I wrote that on September 16, 2015. 

Senator Flake is like a Senator  going to Honolulu in December of 1942 and proclaiming that the Japanese can’t be trusted. He deserves no sympathy or support now.

He should have been reading Ethics Alarms.

UPDATE: My friend and frequent ProEthics collaborator Mike Messer called this “flake news.”

2. I haven’t had time to thoroughly unravel what yesterday’s revelation that Hillary Clinton’s campaign funded what became the infamous “Russian dossier” means. A couple of points, however, Continue reading →

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

/ Jack Marshall / 66 Comments

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 →

Morning Ethics Warm-Up, 10/24/17: It’s The Andrew Sullivan Show!

/ Jack Marshall / 47 Comments

Still trying to clear the decks..

1 Last week, Andrew Sullivan delivered a couple of excellent pieces of commentary with ethical clarity. My definition of an ethical analyst is one who can steer away from the magnetic pull of cognitive dissonance, and realize that, for example, just because Democrats and progressives deplore President Trump as much as you do doesn’t mean you have to regard their battiest and most unethical positions as better than they are. Sullivan qualifies. Here he is making what I once thought was an obvious point: that Democrats and progressives embracing open borders (and condemning as racist anyone who doesn’t) was irresponsible:

I don’t believe it’s disputable at this point that the most potent issue behind the rise of the far right in America and Europe is mass immigration. It’s a core reason that Trump is now president…[and the] reason why I have dwindling hopes that the Democratic Party will be able to defeat Trump in 2020. Instead of adjusting to this new reality, and listening to the electorate, the Dems have moved ever farther to the left, and are controlled by ever-radicalizing activists. There’s a nuanced, smart — and shockingly honest — piece in Vox by Dara Lind about this. Money quote:

For Democrats, it’s been a simple calculus. Democrats’ attempts at “tough love” centrism didn’t win them any credit across the aisle, while an increasingly empowered immigrant-rights movement started calling them to task for the adverse consequences of enforcement policies. Democrats learned to ignore the critics on the right they couldn’t please, and embrace the critics on the left who they could… Democrats in 2017, in general, tend to criticize the use of immigration enforcement, and tend to side with those accused of violating immigration law, as a broad matter of principle beyond opposing the particular actions of the administration … Democrats are no longer as willing to attack “illegal immigration” as a fundamental problem anymore.

This is, to be blunt, political suicide. The Democrats’ current position seems to be that the Dreamer parents who broke the law are near heroes, indistinguishable from the children they brought with them; and their rhetoric is very hard to distinguish, certainly for most swing voters, from a belief in open borders. In fact, the Democrats increasingly seem to suggest that any kind of distinction between citizens and noncitizens is somehow racist. You could see this at the last convention, when an entire evening was dedicated to Latinos, illegal and legal, as if the rule of law were largely irrelevant. Hence the euphemism “undocumented” rather than “illegal.” So the stage was built, lit, and set for Trump.

Bingo.

2. A post that fell through the cracks months ago involved one more example of California morphing into Bizarro USA. Then the post was about a speech-dictating bill passed by the legislature; this month, Jerry Brown signed it into law. The bill was SB-219, changing the laws regarding health care facilities, including nursing homes. Continue reading →

Why Ethics Alarms Don’t Ring: The Gloucester PTO’s “Don Trump” Gravestone

/ Jack Marshall / 20 Comments

In Gloucester, Massachusetts last week, the parent-teacher organization hosted a Halloween themed fundraiser at West Parish Elementary School.   One of the parents was thoughtful enough to bring a bean bag toss game that featured fake tombstones. One of them had the familiar name “Don Trump” on it. Hilarious! And so clever…

Surprisingly, at least to the thoughtful parents and the host who didn’t have the sense to say, “Cute! But you know we can’t display that…”, not everyone present, even in the Bluer than Blue Bay State of my birth, revels in the thought of the President of the United States dying in office.  Several  parents took photos of the fun game, and sent them to Massachusetts Republican Party committeewoman Amanda Orlando Kesterson, who shared one of the them on Facebook along with a searing post, which read in part,

“I find it absolutely despicable that the PTO of one of our local elementary schools would bring this political agenda before our children. The parents or teachers responsible for this disgusting display should claim responsibility publicly and apologize publicly as well. … We should teach our children that the office of the president ALWAYS deserves respect. Our school system is not the place for nasty political agendas.”

One question that puzzles me: did they object to the fundraiser organizers before sending the photos? That would be the ethical course. There’s nothing wrong with ring those ethics alarms by hand if they are stuck.

After the controversy erupted into the news media, the school principal, Dr. Telena Imel, apologized in a letter to parents, saying

“Intentionally or not, it inappropriately brought a political agenda into what was designed to be a fun family affair. Our school, and this includes school events sponsored by related groups, is not the place for politics. In planning future events, it will be made clear to organizers that school is not the place to engage in or to display political agendas or opinions.”

Oh, I think it’s fair to conclude that it was intentional.

The parents responsible for the  game  apologized, as did Gloucester’s mayor, who said in a statement, “The City of Gloucester does not condone political messaging within our schools.”

There is no other way to describe this incident except as a mass ethics alarms malfunction, one that is overwhelmingly afflicting Democrats. (Okay, one more question: Did any Democratic-leaning parents see what was wrong with the Dead Donald reference?) I am old enough to remember the assassination of Jack Kennedy, a Massachusetts native son. I can’t imagine anyone in my state not recoiling at any hint of a casual or satirical reference to another President’s death, even Nixon, and Mass was the only state that voted for George McGovern.

We almost had another assassination  when two crazy women took shots at Gerald Ford, and then one more near miss, when a sick Jodie Foster fan somehow thought killing Ronald Reagan would entrance her. When did this ethics alarm get broken, and how? The gravestone of the current President being presented as an appropriate Halloween decoration in an event with children present? Hosted by a parent-teacher organization? No alarms? Not even faint ringing? In Massachusetts, where everyone once knew “Abraham, Martin and John” by heart?

The alarms didn’t ring in part because teachers began thinking that indoctrinating children in their own political views became accepted practice during the Bush administration, as schools started showing Al Gore’s climate change agitprop in class. The Bush administration wasn’t behind the trend, but the Obama administration encouraged it, especially during the Post Sandy Hook anti-gun freak-out. Teachers were punishing kids for finger guns and biting pizza and pop tarts into pistol shapes even before that.

Still, the “It’s not good citizenship to joke about killing the President” alarm was functioning even if the “Don’t indoctrinate kids in partisan politics” clapper had been covered in bubble-wrap. Then the nation’s voters had the audacity to reject an awful, corrupt and dishonest Democratic Party candidate whose campaign had included calling anyone who opposed her a sexist, and anyone who voted for her opponent as “deplorable,” as well as promising that she carry on the policies of that wonderful President who had so thoroughly divided the nation in eight years that someone like Donald Trump—well, not just like him, but him— had been nominated to run against her. Suddenly the very same people who had lectured Trump and Trump supporters about how in the U.S., after an election, no matter how contentious, good citizens always put down their placards and unite behind the winner, validating and honoring American democracy and the wisdom of the people and our system of selecting leaders, did a back somersault reminiscent of Nadia Comanici her prime, and declared, in demonstrations and boycotts and calls for various means of undoing the election,  that this President didn’t deserve that deference and respect.

Then various voices in the party made vague and not so vague references to how nice it would be if someone “took out” the President. (That’s Maxine Waters’ term.) After the Charlottesville riots, Missouri state Sen. Maria Chappelle-Nadal—I wonder what party she belongs to?–went on her personal Facebook and said to a commenter, “I hope Trump is assassinated!”

The main pro-Trump death chorus, however, came from that saintly community that is always doing yeoman service as the culture’s moral exemplar, the entertainment business—you know, where Harvey Weinstein and the cool, beautiful, progressive people hang out. Madonna told an audience, “Yes, I’m angry. Yes, I am outraged. Yes, I have thought an awful lot about blowing up the White House. But I know this won’t change anything. We cannot fall into despair.” Johnny Depp told another throng, “This is going to be in the press and it’ll be horrible. But I like that you are all a part of it. When was the last time an actor assassinated a President?” Rapper Snoop Dogg remixed  “Lavender” by Canadian band BadBadNotGood adding a clown-clad version of President Trump called Ronald Klump, and showed him being  shot with a toy gun.

Last summer, New York’s acclaimed Public Theater staged a version of William Shakespeare’s ” Julius Caesar” in  Central Park with the crowd-pleasing gimmick of portraying Julius Caesar as a Trump clone. The audience cheered as he was assassinated in an on-stage blood bath. And, lest we forget, there was this:

All in good fun, of course!

Thus are once functioning ethics alarms silenced.

Now read the comments to Ms Kesterson’s Facebook post.

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

/ Jack Marshall / 16 Comments

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 →