I Expect Non-Lawyers And Journalists To Misunderstand This Basic Legal Ethics Principle….But HARVARD LAW SCHOOL?

Kaboom.

This is a repeat issue, so I could make this short and link to the previous Ethics Alarms post on this annoying subject, or  here, when I defended Hillary Clinton when she was being called a hypocrite for once defending  a child rapist, or maybe the post titled,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or this post, when liberal icon and former Harvard Law professor Larry Tribe was representing a coal company. I have vowed, however, that if I accomplish nothing else with this blog, I will do my best to put a stake through the ignorant and destructive idea that lawyers only represent clients they agree with, admire, or personally support. Here its is again, the ABA rule that is quoted somewhere in every jurisdiction’s attorney conduct regulations. Let’s do it really big this time:

ABA Model Rule 1.2(b): “A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

Got that? Memorize it Print it out and carry it in your wallet, and hand it to your ignorant loud-mouth family member who complains about those scum-bag lawyers who represent bad people. Post it on social media and  in online comment sections where people are bloviating about the same. idiotic misconception.

What we can do about Harvard, however, I just don’t know. You know what they say, “Get woke, lose all respect and credibility as a trustworthy advocate for civil rights and the Rule of Law.” Okay, I’m going to have to work on that… Continue reading

Taco Bell Ethics: I’m Going To Go Out On A Limb Here And Say This Is Unethical

“You want your tacos? HERE’S what you can do with your #@!$%&@ tacos…!”

On February 24, a Taco Bell  in Philadelphia was having trouble living up to the definition of “fast food.” The store was filled with angry people loudly wondering where their orders were. Some had been waiting as long as 45 minutes. So the resourceful Taco Bell employees finally did what you might expect—if you were a psychopath. Several of them  jumped over the counter and began beating up customers.

This is unethical.

A 32-second cell phone clip shows customer Bryan Reese and his friend getting attacked by multiple employees outside of a Taco Bell in the Center City District of Philly. One employee is seen repeatedly punching Reese in the ribs while another holds him down.

Taco Bell released the following statement: Continue reading

President Trump Reportedly Will Not Cooperate With The House Democrats’ Effort To Keep Investigating Him Until They Can Find Something To Impeach Him With.

Good.

On one of Sunday’s talking head shows, Rep. Gerald Nadler (D-NY), whom you might remember pre-diet as one of the most vociferous defenders of President Clinton during the House impeachment hearings, said that there was no question that President Trump had obstructed justice. Asked why, then, the House wasn’t seeking impeachment, Nadler said, “We don’t have the facts yet.” Yes, it’s that again: “the resistance” is positive that the President broke the law somewhere, some how, without any evidence that he broke the law. They just know, that’s all. I’ve been reading Trump-deranged commenters making the same set of arguments for three years now, usually followed by, “If he’s innocent, what’s he afraid of?,” a statement that sounds more comfortable in German, Russian, or Chinese.

This is not how our justice system or our political system is supposed to work, nor is it a proper use of Congress’s investigation and oversight powers. As as been typical of the Democrats’ Bizarro World reasoning, Rep. Elijah Cummings called the President’s defiance an attack on the Separation of Powers. No, it is an attack on the Separation of Powers when Congress cynically sets out to interfere with the ability of the Executive to discharge his Constitutional duties by launching endless, unjustified investigations. In particular, the President is performing a national service by refusing to allow Congress to demand his tax returns. The tax returns of all American must be confidential and private. If Congress can demand and acquire anyone’s tax returns based on speculation alone, then no citizen’s tax documents are safe.

Obama Whisperer David Axelrod inadvertently spoke the truth in a tweet that said, Continue reading

Morning Ethics Warm-Up, 3/5/2019: Knaves, Idiots, And Fools

Good Morning!

1. Stupid lawsuit update. The bitter ex-Ethics Alarms commenter now appealing the obvious ruling by a Massachusetts judge that his vindictive defamation suit against me continued his abuse of process by filing a spurious motion accusing me of contempt of court and perjury, and calling for sanctions.. It’s 100% baloney, but I still have to file an answer, thus wasting more of my time, which is the point. I’m debating whether to note in my opposition to the motion that the man is an asshole.

2. What an idiot, #1: You have been signed to a ridiculous contract by the Philadelphia Phillies, 13 years for $330 million dollars. You waited four months to do so, jamming up the careers and lives of dozens of lesser players because you really didn’t want to play there, and were determined to get a record setting amount. You know the city’s fans are dubious about your loyalty and commitment, though you have stated that you took such a long contract to demonstrate that commitment. Now you are being introduced to your new team, city and fan base after spending all of your career playing for one of their rival in the National League East, the Washington Nationals. Do you carefully plan out what you will say, when you have your turn at the microphone, knowing that one has only one chance to make a good first impression?

Not if you are Bryce Harper. Yesterday, at his press conference, he said that he wanted to bring a World Series title to Washington D.C.

It’s going to be a long 13 years. For everyone.

3.  What an idiot, #2: Special counsel Robert Mueller notified federal Judge Amy Berman Jackson that Roger Stone had sent  an Instagram post which containing a photo of Mueller under the words “Who framed Roger Stone,” despite Stone being under Jackson’s gag order barring him from speaking in public about Mueller’s team and its investigation.
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Ethics Observations On Actress Emma Thompson’s Resignation Letter

British acting grande dame Emma Thompson dropped out of the voice cast of Skydance Animation’s upcoming film “Luck.” The reason was  ex-Pixar creative force John Lasseter being hired to lead animation at David Ellison’s studio; Ethics Alarms wrote about his new job here. A quote from that post…

The hire, Time’s Up added in a statement, “endorses and perpetuates a broken system that allows powerful men to act without consequence.”

Got it. Women, at least these women, want to see men ruined, shunned and reduced to living by crowdfunding and begging on the street if possible, without the certainly of due process and regardless of circumstances. How does someone like Lasseter show “true remorse”? They get to decide. What work do they have to do to reform their behavior? That’s the activists’ call too, I suppose. Meanwhile, absent a trial, what is restitution? If the women involved have a lawsuit, let them bring it. What is the cost of an unwanted workplace hug?

Thompson’s reps released her letter on last week, first published in the Los Angeles Times, that Thompson had sent to Skydance management. Here it is:

As you know, I have pulled out of the production of “Luck” — to be directed by the very wonderful Alessandro Carloni. It feels very odd to me that you and your company would consider hiring someone with Mr. Lasseter’s pattern of misconduct given the present climate in which people with the kind of power that you have can reasonably be expected to step up to the plate.

I realise that the situation — involving as it does many human beings — is complicated. However these are the questions I would like to ask:

If a man has been touching women inappropriately for decades, why would a woman want to work for him if the only reason he’s not touching them inappropriately now is that it says in his contract that he must behave “professionally”?

If a man has made women at his companies feel undervalued and disrespected for decades, why should the women at his new company think that any respect he shows them is anything other than an act that he’s required to perform by his coach, his therapist and his employment agreement? The message seems to be, “I am learning to feel respect for women so please be patient while I work on it. It’s not easy.”

Much has been said about giving John Lasseter a “second chance.” But he is presumably being paid millions of dollars to receive that second chance. How much money are the employees at Skydance being paid to GIVE him that second chance?

If John Lasseter started his own company, then every employee would have been given the opportunity to choose whether or not to give him a second chance. But any Skydance employees who don’t want to give him a second chance have to stay and be uncomfortable or lose their jobs. Shouldn’t it be John Lasseter who has to lose HIS job if the employees don’t want to give him a second chance?

Skydance has revealed that no women received settlements from Pixar or Disney as a result of being harassed by John Lasseter. But given all the abuse that’s been heaped on women who have come forward to make accusations against powerful men, do we really think that no settlements means that there was no harassment or no hostile work environment? Are we supposed to feel comforted that women who feel that their careers were derailed by working for Lasseter DIDN’T receive money?

I hope these queries make the level of my discomfort understandable. I regret having to step away because I love Alessandro so much and think he is an incredibly creative director. But I can only do what feels right during these difficult times of transition and collective consciousness raising.

I am well aware that centuries of entitlement to women’s bodies whether they like it or not is not going to change overnight. Or in a year. But I am also aware that if people who have spoken out — like me — do not take this sort of a stand then things are very unlikely to change at anything like the pace required to protect my daughter’s generation.

Yours most sincerely,

Emma Thompson

Observations: Continue reading

Bad Tweets

There are enough unethical, dumb, disturbing and occasionally  illuminating tweets from organizations and public figures every day to devote a whole blog to them; indeed, this is what Twitchy does, albeit with a strong conservative bias. I’m not going to make a habit of it, but these are too ethically provocative to pass up:

1. Here’s a tweet from conservative host and pundit Erick Erickson, a prominent NeverTrumper:

What does this even mean? The Constitution insists on free speech; how is the government enforcing Constitutional principles that ensure freedom, “not free’? The Executive Order he was reacting to only affects government-supported colleges and universities (obviously). Erickson is no idiot: this is Trump Derangement—if President Trump does it, it’s wrong— at its saddest. Combine that with Twitter, and the result is sadly predictable.

2. I don’t see how anyone can argue with Federalist editor Mollie Hemingway here, reacting to a tweet from CNN legal commentator (and Democrat) that is part of a general effort by the mainstream media to cushion the blow for “resistance” members when the Mueller report fails to show that President Trump had a traitorous deal with Russia to steal the election:

Continue reading

Saturday Ethics Warm-Up, 3/2/2019: Road Trip Epiphanies…And The Washington Post’s “Note” On The Covington Fiasco

Hi, everybody! It’s good to be back home!

I was torn whether to mention in this morning’s post that I would be Northern Virginia-bound from the Pittsburgh, Pennsylvania area (Washington County) for most of the day. Who knows what banned and lurking commenters would seize on that intelligence to raid the forum here while I was unable to moderate, as occurred yesterday?

1. I wonder if most lawyers have the same reaction… The Pennsylvania lawyers I spoke to all seemed to share the same impression of the Michael Cohen testimony that I had. Why would anyone believe someone like that? What is the point of Congressional testimony by a convicted liar and disbarred attorney? No one disagreed that Cohen couldn’t be a witness in any proceeding, not would his testimony be admissible. How could anyone see this as anything but a transparent and  base effort by Democrats in Congress to try to smear the President with ad hominem slurs and unprovable allegations by someone obviously trying to somehow improve his own, self-made, miserable position? The lawyers are also concerned Congress is weakening the crucial attorney client privilege by encouraging a witness to breach it.

2. Ethics Corrupter: Nancy Pelosi. How dare the speaker of the House insult the President before the public by saying, “Do the country a favor, don’t run in 2020?” The democratic Congress continues to lead the effort to strip the President and his office of all the respect and basic deference they both must have for the government to function. Her snide condescension is unprofessional and nauseating….as well as bizarre, coming after the Trump-led economy just had its best month of growth in a decades—just as he promised it would. Given the state of her own party right now, a plea of “Do Democrats a favor, don’t run in 2020” would be more logical.

3. Engineering ethics. My GM rental car was keyless. It’s cool and all, but why? Congress is trying to pass new safety regulations because keyless cars are killing people. Drivers leave them running without realizing it, and sometimes poison themselves or other with carbon monoxide. They also may be easier to steal.

What, exactly, is the problem that keyless ignition was needed to solve? The “improvement” adds to the cost of cars, and appears to be a classic example of fixing something that ain’t broke, just Americans like gadgets. I have attacked the “if it saves one life” idiocy of the anti-gun lobby, but that’s because guns have very valid uses. If a completely gratuitous change in engineering and technology kills anyone without conferring some counter-balancing advantage, then that change is irresponsible and reckless.

4. Not good enough—not even close. The Washington Post, which is being sued by lawyers for 16-year-old Nicholas Sandmann for its role in focusing partisan hate on a student who had in fact done nothing wrong, issued an “Editor’s Note” on the episode late yesterday. Here it is in its entirety: Continue reading