Law & Law Enforcement

The Big Law Firm’s New Partners

/ Jack Marshall / 42 Comments

In early December of last year, Paul, Weiss, one of the country’s largest and richest firms, announced its new partners: twelve young white lawyers, and one similarly hued woman.

Being that group identification is everything to certain well-placed people today, the announcement became an instant “public relations nightmare,” according to many media accounts. Sensitive to being sufficiently “woke,” many large companies had their  general counsels, sign an open letter  calling on law firms firms  “to reflect the diversity of the legal community” or they would send their business elsewhere.

What is the assumption underlying that letter? Is it that whites were chosen over better qualified minority lawyers as an act of bigotry and racism? Noooo, nobody’s suggesting that. Are the signatories to the letter really saying that less qualified lawyers of color should be advanced rather than these lawyers? It can’t be that, can it? I would say that a law firm that does not make every effort to have the very best lawyers available for the benefit of the clients is treading close to unethical behavior. A firm can’t prioritize diversity, whatever than means, over its own abilities to represent clients.

I nearly dropped Above the Law, but the reliably knee-jerk left and ethically obtuse online rag is great for these stories, and didn’t disappoint this time. Joe Patrice, the editor, wrote, Continue reading →

Morning Ethics Warm-Up, 1/29/19: Sick Room Edition

/ Jack Marshall / 27 Comments

I hope you’re feeling better than I am.

1. Sick Ethics. Being sick on the job is always an ethical conflict, and riddled with bias. My father’s approach, so characteristic of him as someone who insisted on going into the Battle of the Bulge as an officer with a mangled, recently-repaired foot that was still oozing blood, was to ignore the illness and soldier on. There are two problems with that, however. First, you are working at diminished capacity, and second, you risk infecting others. The problem is a bit easier when you have a home office like I do, but there is still a trade-off issue: if I “soldier on” like my father, do I risk a longer illness and reduced capacity for far longer than if I just took a day or two off to recuperate? In my case, this is always a tough call: I am very vulnerable to bronchitis and pneumonia following chest colds (that’s what I’ve got, big time, starting last night), and when the stuff I cough up starts attacking me through the Kleenex, I’m in big trouble that has sometimes lasted for months. There is also a bias problem when you feel rotten. Right now, I would love to lie down. I can’t think of anything I would like more. I bet I can rationalize air-tight reasons why I should lie down, despite all of the very valid reason not to.

2. And speaking of sick...All 50 states require vaccinations before children to attend school, but 47 of them  (California, Mississippi and West Virginia are the exceptions) allow parents to opt out of vaccines if they have religious beliefs against immunizations. Eighteen states also allow parents to opt out of vaccines if they have personal, moral or philosophical beliefs against immunizations, including beliefs that they can think straight when they are in fact idiots and get their medical advice from Jenny McCarthy and other hysterical anti-vaxxers. Oregon and Washington are among the states that allow for a parent’s personal beliefs to exempt their kids from being immunized, along with Arizona, Arkansas, Colorado, Idaho, Louisiana, Maine, Michigan, Minnesota, North Dakota, Ohio, Oklahoma, Pennsylvania, Texas, Utah, Wisconsin and Vermont.

You know. Morons. Continue reading →

Recent Ethics Thoughts On The Fyre Festival Fiasco

/ Jack Marshall / 26 Comments

This Instagram photo of one of the “luxury gourmet meals being served to attendees of the 2017 Fyre Music Festival has come to symbolize the whole stunning debacle.

When Ethics Alarms last posted about the ridiculous Bahamas Fyre Festival  debacle, it was this, last July: “Remember the Frye Festival fiasco? Billy McFarland, the inept con man/idiot who set it up has been arrested and charged with fraud. Good!” Now more about that epic ethics fail is coming out. Two documentaries about the ridiculous scam/botch/whatever it was were released in January, one on Hulu and one on Netflix. I just saw the latter, and it’s pretty incredible. Here, to refresh your horror, was the original Ethics Alarms description:

Celebrities with ties to the organizers  tweeted and Instagrammed, building buzz about Fyre.  Ja Rule tweeted just a month ago, “This is where the cool kids will be April 27-30 May 5-8!!! #fyrefestival #fyre.” Ticket packages to experience the self-proclaimed “cultural event of the decade” included accommodations and chartered flights from Miami, with a low price of $900 and a luxury tag of $399,995 for access to the performers.  Days before the festival was to begin, @fyrefestival  was still ginning up anticipation.

Then the festival-goers arrived on the first day to find…nothing. Well, worse than nothing: chaos. Those who had  paid $500 apiece for what the festival’s promotion described as “villas” found that the only shelter provided were FEMA-style refugee tents. There was no food, except some hastily packaged cheese sandwiches. All of the scheduled performers canceled.

The festival-goers who hadn’t arrived by private yachts found themselves confused and stranded, with luggage but nowhere to sleep for the night. Some paid festival employees $100 to return them to the airport in a flatbed truck, but when they arrived at the airport gate, they were told that they couldn’t access the airport, requiring more bribes to get to a plane, if they were lucky. The stampede of shocked glitterati desperately trying to flee backed up the local airports, stranding many attendees in deplorable conditions, like understaffed kitchen tents with pots of uncooked food.

Subcontractors and suppliers went unpaid, Bahamian workers were stiffed, millions of dollars vanished.  The interviews with McFarland’s “team” are jaw-dropping. One fast-talking, ever-optimistic leader, McFarland, somehow convinced everyone, some who were experienced in event planning,  that he could pull off the impossible, even as the days counted down to zero hour and it was obvious that there would be no festival, just broken promised and angry rich people. There’s also an amazing coda to the Netflix documentary: while McFarland was out on bail, awaiting trial, he set up another scam, using the mailing list for the Fyre Festival to get some of the same suckers to buy phony event tickets.

Some new developments and thoughts: Continue reading →

They Seem Like Good Ideas…But Not Really. Clarence Darrow Knew Why.

/ Jack Marshall / 50 Comments

I. The Daily Telegraph officially apologized “unreservedly” to Melania Trump and agreed to pay her “substantial damages” for an article it published last week. Mrs. Trump had sued the paper in British courts.

The paper said its Saturday Magazine cover story “The Mystery of Melania” this month contained false statements, as her lawsuit claimed. It wrote,

Following last Saturday’s (Jan 19) Telegraph magazine cover story “The mystery of Melania”, we have been asked to make clear that the article contained a number of false statements which we accept should not have been published. Mrs Trump’s father was not a fearsome presence and did not control the family.  Mrs Trump did not leave her Design and Architecture course at University relating to the completion of an exam, as alleged in the article, but rather because she wanted to pursue a successful career as a professional model. Mrs Trump was not struggling in her modelling career before she met Mr Trump, and she did not advance in her career due to the assistance of Mr Trump.

We accept that Mrs Trump was a successful professional model in her own right before she met her husband and obtained her own modelling work without his assistance. Mrs Trump met Mr Trump in 1998, not in 1996 as stated in the article. The article also wrongly claimed that Mrs Trump’s mother, father and sister relocated to New York in 2005 to live in buildings owned by Mr Trump.  They did not. The claim that Mrs Trump cried on election night is also false.

We apologise unreservedly to The First Lady and her family for any embarrassment caused by our publication of these allegations.  As a mark of our regret we have agreed to pay Mrs Trump substantial damages as well as her leg

Continue reading →

Sunday Ethics Warm-Up, 1/27/2019: The Good, The Bad, And The Ugly

/ Jack Marshall / 13 Comments

Good Morning!

1. Covington Catholic Students Ethics Train Wreck update. I’ve decided to cover this topic in the Warm-Ups because it will be repetitive if I don’t: this, like the Kavanaugh debacle, has signature significance. Attention must be paid and the American public’s dangerously short attention span has to be overcome. Imagine: pundits, elected officials, academics journalists and celebrities from the Left—and don’t quibble over that label, because that’s where they are, and from that source oozes the increasingly unethical values that are driving them—are deliberately denigrating and attacking a teenager by name for doing absolutely nothing wrong by any objective standard. The non-objective standards—bigotry and racism—that are being applied, however, find him guilty of supporting a President the Left hates and a cause, the rights of the unborn, they find inconvenient to think seriously about; not retreating when an obnoxious  activist began beating a drum in his face; being caught smiling in a manner they chose to link to all manner of subconscious and malign motives, being male, and being white. And, incredibly, these vicious, vicious people are being defended, when they should be, and must be, shamed and shunned. This is not a partisan or an ideological position Ethics Alarms is taking here. It is a civilized, non-partisan and ethical mandate, if we want to live in a free, decent and civil society.

  • On Friday’s “Real Time with Bill Maher” on HBO, Maher, an alleged adult operating under the protection of the First Amendment, with a weekly platform and an audience of knee-jerk hooting fools, called the randomly selected child victim of Native American activist Nathan Phillips, student Nick Sandmann,  a “prick” and a “smirkface” with a “shit-eating grin” :

I don’t blame the kid — the smirking kid. I blame lead poisoning and bad parenting, and, oh yeah, I blame that fucking kid. What a little prick — smirkface. Smirkfaces. Please, I mean, like that’s not a dick move, stick your face in this elderly man’s (face).

As anyone who watched the video knows, Sandmann didn’t “stick his face” anywhere. He left it where it was when Phillips stuck his drum in the students’ face, but then Big Lies and repeating false narratives is one of the partisan tactics on ugly display. Classy as ever,  Maher ended his attack with, “I don’t spend a lot of time — I must tell you — around Catholic school children, but I do not get what Catholic priests see in these kids.”

Here’s a definition of “punching down”: A nationally known comedian using a cable show to call a high school student names in public. I cancelled my HBO subscription in part because I refuse to support a company that tolerates conduct like that from a prominent employee. Continue reading →

Is The U.S. Ethically Obligated To Grant Asylum To All Oppressed Women?

/ Jack Marshall / 13 Comments

In a recent irresponsible statement in reference to the government shut-down over President Trump’s wall, Senate Minority Leader Chuck Schumer said that he didn’t want a border wall to be the symbol of America, that he wanted the Statue of Liberty to be that symbol. In this context, it is impossible to interpret Schumer’s words as anything but a weaselly, wink-wink, coded endorsement of open borders. When the statue was dedicated on October 28, 1886, the U.S. had few limitations on immigration. Non-citizens could vote in most states. The population was about 50 million, or about 1/7 of what it is today. The famous poem by Emma Lazarus,  “The New Colossus,”  is not part of the statue, nor is it official U.S. policy. Today it resides in the Statue of Liberty Museum. In short, it was a different country, with different problems and priorities.

Now comes the terribly sad story of two young Saudi sisters who apparently committed suicide by drowning themselves in the Hudson River rather than return to their country, where women are second class citizens. Should such a story have any relevance at all to U.S. immigration and asylum policy? Should how much a non-citizen wants to live here be a factor in what the U.S. decides is the best criteria for allowing an immigrant to arrive and stay? If the two sisters could be granted asylum because they were women in a culture hostile to women, why not all Saudi women? Why not all Muslim women who are “yearning to be free”? Continue reading →

Morning Ethics Warm-Up, 1/25/19: Fleas, Fake Movies, False Equivalency, And Female Bigotry

/ Jack Marshall / 24 Comments

Good Morning!

1. Roger Stone’s arrest.  a) Stone is a thoroughly loathsome individual—the man has Richard Nixon’s face tattooed on his back, for heaven’s sake—but like the Mueller investigation generally, his arrest seems more like continued politically-motivated harassment of anyone connected to Donald Trump in order to isolate and impede his Presidency rather than part of a legitimate and independent investigation. Stone’s indictment is substantially made up of the now-familiar “obstruction of justice” bootstrap regarding an investigation of a non-crime charge. In Watergate, there was a crime. In the Clinton impeachment, there was a crime (a President lying under oath). In the Valerie Plame fiasco, there was at least a sort-of crime. Even Martha Stewart’s “obstruction of justice” conviction was related to the crime of insider-trading. “Collusion” isn’t a crime, and if Stone lied to Congress about the degree to which he was communicating heads-ups to the Trump campaign about what Wikileaks had and was about to release, that has no implications of wrongdoing for the Trump campaign at all. Stone telling the Trump campaign, “Hey, Wikileaks has a bunch of DNC emails that show Hillary’s campaign was sleazy and that the Clinton Foundation is an influence peddling scam!” isn’t illegal, it isn’t unethical, and I doubt that this sort of communication is unusual for any campaign in any party. b) CNN cameras were on the scene when Stone was arrested, which means the FBI or the Mueller team leaked to CNN. Now THAT’s unethical, and possibly illegal. c) Once again, President Trump’s persistent failure to avoid close contact with obvious slime-balls has caused problems. “Lie down with dogs, wake up with fleas” : It’s not a hard concept to grasp, but for a man who was raised and rose to wealth and power in the dog-dominated worlds of real estate, hotels, casinos, show business and now politics, I suppose its hard to imagine NOT being surrounded by the metaphorically flea-infested.

2. Integrity watch: OK, I no longer know what a “movie” is. Netflix is streaming “Roma,” which was just nominated for a “Best Picture” Oscar. It has sold no tickets, and as far as I can see, is indistinguishable from any movie-length TV program, like the Christmas drama that spawned “The Waltons,” “The Homecoming.” I though movies were things shown in theater with big screens by projectors. Netflix’s “The Ballad of Buster Scruggs” (which is terrific) also got some Oscar nominations. Are Hallmark Christmas weepies now eligible for Oscars? To me, those are “TV shows.” Continue reading →

Mid-Day Ethics Warm-Up, 1/24/19: Return To The Ethics Trenches Edition

/ Jack Marshall / 41 Comments

Bvuh.

My old friend Robin Langer claimed when we were kids that “Bvuh” was the stupidest-sounding syllable that could be uttered in any language. It accurately expresses my state today, after a business trip that involved 6 hours of delays in two flights into and out of Ft. Lauderdale.

1. Is this fair? I’m in no shape to judge. Our second flight, last night, was delayed over an hour because Jet Blue delayed take-off for more than an hour so a plane of travelers from Aruba could make their connection to D.C. That’s funny: I’ve missed connections when my flight was a half-hour late landing. So the deal with Jet Blue is that your flight is late if your plane or its connections have problems (like the late arriving aircraft that caused me to arrive the night before at 12:30 am instead of 7:30 pm), and it’s also going to be late if any other flights are late, is that it? We got on the plane last night with the entire front of the plane empty, waiting for the Arubans.

2. CNN is now completely insane. Both airports play nothing but CNN on the TVs in the terminal—someone might want to review that policy, which probably originated from the period when it was a news channel, like when Bernie Shaw was on the air—and the guy sitting next to me on Jet Blue last night had CNN playing on his seat screen the whole three hours we were on the plane. It’s incredible: there are virtually nothing but anti-President Trump stories on CNN, without a break or end. Anti-Trump spin (“Of course Nancy Pelosi should block his speech!”), unsubstantiated anti-Trump hearsay (“Cohen says he was “threatened” by Trump!”), anti-Trump panels (“What has Mueller found and how soon should the House impeach him?”), and anti-Trump gloating (“The art of the deal hasn’t produced a deal, has it? Nyah nyah!”) One after another. Relentless. It is much, much worse than it was on my last trip, and the CNN obsession with feeding hatred and anger against the President was absurd then. No other stories appeared to be being covered except in the crawls across the bottom of the screen. Is it possible that people aren’t sick of this? Even the most drooling, deranged Trump-hater? It isn’t just propaganda; it’s more like brainwashing, a constant drum-beat of “Trump bad! Hate Trump!,” usually devoid of anything approaching fair analysis.

3. Today’s baseball ethics note: Yankees relief ace Mariano Rivera, who was elected to baseball’s Hall of Fame this week, is  being praised to the skies in the sports media and elsewhere because the vote was unanimous for the first time in the Hall’s 80 year history. (A retired player needs 75% of the vote to be enshrined.) Nobody disputes that Rivera deserved to be admitted, and that his qualifications were beyond argument, but the fact that this time some idiots didn’t choose not to vote for him has nothing to do with the pitcher whatsoever. It certainly doesn’t mean that he’s somehow more deserving that the other slam-dunks (is that a mixed metaphor?) who didn’t get every vote they were due, like Babe Ruth, Cy Young, Willie Mays, Ted Williams and Hank Aaron.

If everyone before you has been treated unjustly, the fact that you weren’t mistreated isn’t something to be proud of. Continue reading →

The Lawyer Version Of “The Hader Gotcha”

/ Jack Marshall / 10 Comments

“GOTCHA!”

My legal ethics colleagues have their briefs in a bunch over a case in which an enterprising news media reporter dredged up old, old —but scintillating!—professional discipline on two lawyers taking on the defense of a much-hated defendant in a sensational and heinous crime.

One had been suspended for taking client money, but was eventually reinstated. The other had been reprimanded for having a sexual relationship with a client. The idea, of course, was to make the lawyers look bad. The issue is whether this is a fair use of attorney discipline, especially in the latter case.

The episode is similar to the Hader Gotcha, which we have discussed here several times, in which deep social media divers look for embarrassing youthful social media posts from the past, even from teen years, to use to turn the public against the individual, or at least to force the target to grovel an apology. It is also similar to the Brett Kavanaugh hit from Dr. Blasey-Ford, though I doubt this would occur to my overwhelmingly “woke” legal ethicist friends.

The lawyer raising the issue represents attorneys faced with disciplinary complaints, and asks why this is happening, feels that it is unfair, since the discipline wasn’t recent and had nothing to do with the current case, and thinks it is wrong that the reporter didn’t bother to talk to the bar association or the lawyers themselves to get proper context. He also asks whether anything can be done about it, including, perhaps, not publicizing some varieties of lawyer discipline.

The lawyer also asks,

Do I need to warn my clients that a collateral consequence of discipline is that if they ever take a high-profile case, the press might dredge up old dirt when covering the case?

This is too easy:

  • Welcome to the internet age! No, there is absolutely nothing that can be done about this, except to create a more ethical culture of journ…sorry, I couldn’t get that out without laughing.
  • The legal profession has never been able to explain to the public, and apparently not to journalists either, though they should be less ignorant, that representing accused criminals and guaranteeing even guilty citizens their rights isn’t an adverse reflection on a lawyers’ character. As a result, someone will always think it’s fun, justified and fair to look for dirt in a defense lawyer’s personal or professional past. Thanks to the web, it’s easier than ever.
  • Yes, you need to warn your clients. I’m surprised you weren’t doing so already.
  • And it’s not just legal discipline. Anything potentially embarrassing that can be found on the web, including social media posts [Lawyers: Don’t use Twitter!] can and will be dug up and weaponized.
  • As a result, past discipline, and any other potentially embarrassing information about a lawyer now falls into Rule 1.4 territory, information the client has a right to know and must be informed about in order to participate in his or her own case.
  • No, all lawyer discipline should be reported. The public has a right to know.

Morning Ethics Warm-Up, 1/15/2019: I Am Cleopatra!

/ Jack Marshall / 41 Comments

Good morning, Ethics Lovers!

1. Coming attractions. Rep. Steve King is now officially a human ethics train wreck, but boy, it would be nice if we could trust the news media. I will be writing a full post on this matter soon, but in the meantime, if someone can find me the full text of the alleged “interview” with the Times that generated King’s infamous “White nationalist, white supremacist, Western civilization — how did that language become offensive?” statement, I would be very happy. The link used by all sources reporting on the interview and its aftermath, including the link used by the Times, goes to “Before Trump, Steve King Set the Agenda for the Wall and Anti-Immigrant Politics.”

But that’s not an interview! It’s an anti-King hit piece. I wanted to see the context of King’s remark, like, say, the question that evoked it. Is that too much to ask? All we get, however, is this:

Mr. King, in the interview, said he was not a racist. He pointed to his Twitter timeline showing him greeting Iowans of all races and religions in his Washington office. (The same office once displayed a Confederate flag on his desk.)

At the same time, he said, he supports immigrants who enter the country legally and fully assimilate because what matters more than race is “the culture of America” based on values brought to the United States by whites from Europe.

“White nationalist, white supremacist, Western civilization — how did that language become offensive?” Mr. King said. “Why did I sit in classes teaching me about the merits of our history and our civilization?”

That’s telling us about the interview, not the interview itself, and doing so while poisoning the well. More later. However, the fact that the Times won’t provide the unredacted interview itself is troubling.

2. Trump Tweets. Finally I can compliment a good one. This morning the President said, in the climax of a tweet, “They got caught spying on my campaign and then called it an investigation.” I’m critical of Trump’s communications skills, but you can’t do better than that. I also strongly suspect that he is correct. Continue reading →