Law & Law Enforcement
Oh, Great: 21% Of Lawyers Are Stealing From Their Clients.
This should be a shock, but it isn’t. When the screenwriters for the film adaptation of “The Firm” changed the ending to focus on the fact that the mob’s law firm was over-billing clients, lots of lawyers and legal ethics specialists squirmed. Widespread over-billing in the legal profession has been a scandal waiting to break for decades.
The ABA journal reveals that a recent study by CEB Inc. and Wolters Kluwer NV’s ELM Solutions, companies that work with corporate legal departments to manage their budgets, examined legal invoices from about 100 companies, and found that 21% of lawyers “upbilled” for their time in 2015. Upbilling is the practice of rounding up legal hours hours worked to the next hour or half hour. This could raise the annual legal bill for a partner billing 2,000 hours a year by about $29,000. Spread over all the clients and all the lawyers charging by the hour, the 21% figure translates into millions of dollars taken by fraud, and maybe billions, every year. You can read summaries of the reports here and here. Continue reading
Ethics Dunce: Treasury Secretary Steve Mnuchin
Treasury Secretary Steve Mnuchin has pledged “not participate personally and substantially in any matter that has a direct and predictable effect on the financial interests” of his financial holdings, without obtaining an official waiver for doing so. He also had advance notice of how a Trump administration figure could breach ethics rules when Kellyanne Conway, in the course of criticizing organized boycotts of First Daughter Ivanka Trump’s merchandise line, blurted out “Go buy Ivanka’s stuff!” during an interview on “Fox & Friends.” The Office of Government Ethics and members of the House Oversight Committee urged disciplinary action for Conway’s clear, if probably inadvertent, ethics violation. (None occurred. It should have.)
Never mind. During a C-Span broadcast interview last week, Secretary Mnuchin was asked for a movie recommendation (this was a set-up, but an easy one to duck), and said,
“I’m not allowed to promote anything that I’m involved in. So I just want to have the legal disclosure, you’ve asked me the question, and I am not promoting any product. But you should send all your kids to ‘Lego Batman.’ “
HAHAHAHAHA!!! ‘I’m not supposed to do this because it’s unethical, but I’ll do it anyway, because ethics rules are silly, the President doesn’t care about them, and besides, Kellyanne got away with it, and so will I!’ Continue reading
From The Ethics Alarms “Res Ipsa Loquitur” Files: Now THAT’S An Unethical TSA Patdown
Fire that guy. Just fire him. Or suspend him without pay for a good long time.
No, on second thought, fire him.
There is no excuse for this, just reasons. The main reason is that the TSA agent is being an asshole, if not a pervert. I am patted down a lot—as an adult, wearing a suit. This is a kid in a T-shirt and shorts. What is he supposed to be hiding? No child should be subjected to this indignity, and no parent should have to stand by and endure it.
The mother who took the video complained that her family was”treated like dogs” and forced to miss a flight during an extensive security check, according to her Facebook post:
We have been through hell this morning. They detained Aaron for well over an hour at DFW. (And deliberately kept us from our flight… we are now on an alternate) We were treated like dogs because I requested they attempt to screen him in other ways per TSA rules. He has SPD and I didn’t want my child given a pat down like this. Let me make something else crystal clear. He set off NO alarms. He physically did not alarm at all during screening, he passed through the detector just fine. He is still several hours later saying “I don’t know what I did. What did I do?” I am livid. Please, share… make this viral like the other children’s videos with TSA… I wish I had taped the entire interchange because it was horrifying. We had two DFW police officers that were called and flanking him on each side. Somehow these power tripping TSA agents who are traumatizing children and doing whatever they feel like without any cause, need to be reined in.
The Rockville Rape News Coverage
Two young men, ages 17 and 18, were enrolled as freshmen at a public high school in Rockville, Maryland after being detained and then released by federal immigration authorities. Both were in the country illegally. The students forced a 14-year-old girl into a bathroom stall at the school raped her, sodomized her, and forced her to perform oral sex on them as she cried out for them to stop, according to police reports. Police collected blood and DNA at the scene.
Were you aware of this case? I wasn’t, and I live in the D.C. metro area, which includes Rockville. I wasn’t aware, apparently, because I have personally boycotted Fox News as a regular news source, relying instead on the straighter Fox Business channel and some equally biased sources that don’t prominently employ the likes of Sean Hannity, Bill O’Reilly, the Fox and Friends smarms, or encourage sexual harassment of female personnel.
The Washington Post wrote about the case, but relegated the illegal immigration component to afterthought status. Doing this made it a local story only, and the headline, “Two Rockville High students arrested for allegedly raping classmate at school” made it an easily ignored story. I assume high school students are periodically raped; I assume that, as in college, students occasionally falsely claim rape; I assume that it’s a big country, and bad stuff happens. The Post doesn’t mention the illegal immigrant angle until after 224 words. Without that aspect, the story can not be called national by any stretch of the imagination.
The New York Times noted, in a feature about Fox News coverage, that
“[T]here was also considerable time given to topics, like a rape case in Maryland, that viewers would not have heard about if they had turned to CNN or MSNBC. The rape case, which involved an undocumented immigrant and went virtually uncovered on most networks, received almost hourly updates on Fox, and at times was used as proof that Mr. Trump’s calls for tighter borders and a crackdown on immigration were justified.”
That’s a fair assessment of the tone of the Fox coverage, as I have checked it on YouTube. Of course, one incident doesn’t prove anything: that kind of coverage is why I don’t watch Fox. This story does have a res ipsa loquitur aspect to it, though: if the US enforced its immigration laws sufficiently to stop these two rapists from slipping through the cracks, this 14-year-ol girl would not have been raped, at least by them. The Times also was correct: none of the major news networks covered the story, and it sure wasn’t going to be mentioned where hip millennials get their news, the comedy shows. Ah, but those stories of the poor, oppressed, good illegals are newsworthy, and covered everywhere.
Does that seem like objective, balanced, ethical news coverage to you? Because it isn’t. Continue reading
Infowars’ Alex Jones, Purveyor Of The Most Untrustworhy Political Website North Of “The News Nerd,” Provides One Of The Most Disingenuous Apologies Imaginable
A few stipulations:
1. Anyone who for a second thought it was anything more than a bad spoof that John Podesta and Hillary Clinton were engaged in a child sex ring operating out of a D.C. pizza joint has gone waaaay beyond “Bias Makes You Stupid” to “Bias Makes People Who Are Stupid Already Too Dangerous For Human Companionship.”
2. Anyone who believes anything that appears on the conspiracy blog “Infowars” is a sitting duck for the next Ponzi scheme.
3. My theory is that Breibart pays Jones to make it look reliable and objective by comparison. And it gets its money’s worth..
The so called Pizzagate conspiracy theory held that top Democratic officials were involved with a satanic child pornography ring centered around Comet Ping Pong, a pizza restaurant in Washington, D.C. There was never any evidence to support it, and more importantly, was ridiculous on its face. It did not originate with Alex Jones, the proprietor of far right Infowars, but since it was uncomplimentary to Democrats, Jones was supporting Donald Trump, and he has also claimed on Infowars that the 9/11 attacks were carried out by the United States government and that the 2012 shooting at Sandy Hook Elementary School in Newtown was a hoax concocted by anti-Second Amendment fanatics, the Pizzagate theory fit right in to the rest of the BS. Thanks in great part to Jones, the hoax circulated on Facebook, Twitter and YouTube, flourished in online forums frequented by idiots, and produced more static interfering with a rational approach to a crucial election.
This hoax, unlike, say, the claim that the Pope had endorsed Donald Trump, had measurable consequences. The pizzeria, its owner and his employees received death threats. Their business has suffered. Nearby businesses have also been adversely affected, and the hoax even spread to several other pizzerias around the country for some reason.The restaurant was closed for two days in December after Edgar M. Welch, one of the above referenced idiots, showed up at Comet Ping Pong to “investigate,” and fired a semiautomatic rifle inside the pizzeria. Welch pleaded guilty on Friday to assault with a dangerous weapon and interstate transportation of a firearm. Good. One idiot down.
Now Jones has issued an apology. It was obviously crafted by lawyers: Comet Pizza had demanded one in February, and by law Jones had one month to retract his libel (arguably liable) to avoid being sued. The month would have been up this weekend. Here is that apology, with key sections bolded and numbered to make commenting here easier: Continue reading
Today’s Weasel Words, Courtesy Of Big Pharma: “Have Happened”
Hi!
Some time in the recent past a memo went out, and as a result virtually all the TV ads for new drugs now include the deliberately awkward and puzzling phrase, “have happened,” or sometimes “have occurred.” First the ad ends with all the possible side effects of the drug and what conditions make it dangerous. Then we hear the list of all the maladies the drug “can cause.” Last of all, we learn that other undesirable things like early onset dementia, a taste for human brains or the dreaded ass-fall-off syndrome “have happened.”
Wait, what? Have happened why? Tornadoes, plagues and firebombings have happened too: why are these things that have happened mentioned in the drug commercial?
Here’s why: the manufacturers are fighting lawsuits alleging that the drugs caused these things to happen, but the companies are arguing in defense that causation is uncertain. By using the vague, passive “have happened,” they aren’t conceding that the drugs caused the problem, but it will still claim in later law suits that the customer was warned, and thus assumed the risk.
It’s double talk, essentially, and deceit. You are warned, but by warning you we aren’t admitting that there is anything to be warned about.
I hate this stuff.
Just thought I’d mention it.
Ethics Dunce: The Maryland State Bar Association
Do you know what legal ethics opinions are? Many lawyers don’t know, or barely pay attention to them, but the opinions are important. They are written when bar associations have to decide how to handle the gray areas of professional ethics, and believe me, there are more gray areas in legal ethics than the profession likes to admit. Some jurisdictions churn out lots of important and useful legal ethics opinions all year long; others barely bother with them. (Idaho simply stopped issuing such opinions decades ago.) Still, the LEOs, as they are called, are essential when one of the many legal ethics issues crop up that a jurisdiction’s rules themselves don’t cover.
Although bar associations do a terrible job making their legal ethics opinions’ availability known to the general public, LEOs have invaluable information to convey about how lawyers are ethically obligated to serve their clients. They are also essential if people like me are going to be able to remind Maryland’s lawyers about their ethical duties as part of continuing legal education seminars and expert opinions.
So why is it that Maryland, alone among the 51 U.S. jurisdictions, refuses to allow the public access to their legal ethics opinions? All right, neither does Arkansas, but nobody can read in ArkansasKIDDING!!! I’M KIDDING!
In order to find out what the Bar Association has decided regarding specific legal ethics conundrums, or whether the state has any position at all, one has to be a dues-paying member of the Maryland Bar. Never mind that Maryland lawyers, who, like most lawyers, often are subject to the ethics rules of other jurisdictions, can access neighboring bar association LEO’s with a couple of clicks on their computers. Never mind fairness or reciprocity.
Here’s how the question “Why do we hide our ethics opinions?” was answered by one Maryland lawyer online:
“Ethics opinions are MSBA work product: a benefit to members who pay their dues…An ethics opinion is a legal opinion about what it or is not permissible under the rules. If you want legal advice, pay for it. The “rules”, by the way, are published and are available to the public. As are the elements of negligence. Do you tell your clients for free how to prove their negligence cases?”
How’s that for a venal, snotty answer? In fact, there are no “hidden” laws or principles related to negligence, nor are the standards for what constitutes negligence and how it is proven in court only available for a fee. The legal ethics opinions, on the other hand, may be crucial to allowing non-lawyers know when they are being victimized by unethical members of the Maryland bar. How convenient that the Bar hides these from the view of the group of citizens that have the most urgent need to know about them.
Pop Quiz: What Does U.S.A. Gymnastics Have In Common With The Roman Catholic Church?
Both are large, powerful organizations that facilitated the sexual abuse of children in order to protect their money and reputation.
Yes, you can add Penn state to that list too.
I’m really sick today, and it’s hard writing, thinking and especially typing, but maybe I don’t have to explicate this so much. Larry Nassar, the national team doctor for USA Gymnastics, is accused of abusing dozens of female gymnasts. More than 80 victims have come forward to claim that he sexually assaulted them. Dr. Nassar was accused of 22 counts of first-degree criminal sexual conduct last month in Michigan. The scandal has also claimed Steve Penny (above), president of U.S.A. Gymnastics, who recently resigned after 12 years in the post.
A sport that has its priorities straight does not hire someone like Penny to lead it. He had been the director of media and public relations for U.S.A. Cycling in the early 1990s,promoting the sport and its superstar, Lance Armstrong. When he took the job at U.S.A. Gymnastics, one of his responsibilities there was to evaluate sexual assault accusations and determine if they warranted being reported to the police. Notes Juliet Macur in the New York Times,
“This is how the world of Olympic sports in the United States has operated for years: No one thought it strange that a sports marketer was in the role of sex crimes investigator.”
Is it any surprise that the culture of women’s gymnastics was poisoned with sexual predators? We had been told by Nadia Comenici that she had been abused, and the sport’s optics were, to use a technical term, oogie. All those tiny women-girls, their growth and maturation retarded by dieting and excessively rigorous training, being hugged repeatedly by bear-like coaches: I stopped finding the sport anything but disturbing years ago. (My feminist friends, who worshiped the little sprites—the ice-skaters too–told me I had a dirty mind.) Here is a section of a recent column by former gymnastic champion Jessica Howard:
By the time I reached the World Championships in 1999, my hips hurt so badly that at times I could barely walk. That was the environment I trained in that I believe created an opening for Larry Nassar, the national team doctor for USA Gymnastics, to sexually abuse me…the first time I met “Larry” I immediately trusted him. He was the premier USA Gymnastics doctor with an international reputation, and I felt lucky to have been invited to the ranch to work with him.
For our first appointment, he asked me to wear loose shorts and no underwear. That seemed strange, but I obeyed. As in training, I wanted to be perfect. He began to massage my legs, and then quickly moved inwards on my thighs. He then massaged his way into me. I was rigid and uncomfortable, but I didn’t realize what was happening. I was confused, and thought that it must just be what had to happen. This scenario happened repeatedly over the course of my week at the ranch. At no time was there ever another adult in the room. Coming off of a difficult year of training, Dr. Nassar reached out as the good guy, supporting me emotionally and promising me relief from the pain. Now I know that in actuality he expertly abused me under the guise of “treatment.”
I trusted USA Gymnastics. But I was sexually abused, as were other elite athletes, including Jamie Dantzscher, a 2000 Olympian, and Jeannette Antolin, who was a U.S. national team member. And the abuse was not limited to Dr. Nassar. According to more than 5,600 pages of USA Gymnastics records released to the IndyStar on March 3 after a lengthy court battle, some of the 54 coaches with sexual abuse complaint files spanning 10 years weren’t banned from gymnastics until years after USA Gymnastics discovered they were convicted of crimes against children.
Other accounts tell how this was ingrained in the system: Continue reading
Ethics Quote Of The Day: Five Ninth Circuit Judges
“We are all acutely aware of the enormous controversy and chaos that attended the issuance of the Executive Order. People contested the extent of the national security interests at stake, and they debated the value that the Executive Order added to our security against the real suffering of potential emigres. As tempting as it is to use the judicial power to balance those competing interests as we see fit, we cannot let our personal inclinations get ahead of important, overarching principles about who gets to make decisions in our democracy.
For better or worse, every four years we hold a contested presidential election. We have all found ourselves disappointed with the election results in one election cycle or another. But it is the best of American traditions that we also understand and respect the consequences of our elections. Even when we disagree with the judgment of the political branches — and perhaps especially when we disagree — we have to trust that the wisdom of the nation as a whole will prevail in the end.”
—-Five judges of the U.S. 9th Circuit Court of Appeals (Judges Jay Bybee, joined by Judges Alex Kozinski, Consuelo María Callahan, Carlos Bea, and Sandra Segal Ikuta, attacked what Bybee called the “fundamental errors” in the February decision of a three-judge panel upholding the temporary restraining order that blocked President Donald Trump’s first executive order temporarily halting immigration from seven Muslim-majority countries.
The opinion denounced the panel’s ruling as a “clear misstatement of law,” and stated that the five, constituting a larger number of judges than the three judge panel whose contrary holding was described as a “unanimous” 9th Circuit decision, had an”obligation to correct” it for the record.
“We are judges, not Platonic Guardians. It is our duty to say what the law is, and the meta-source of our law, the U.S. Constitution, commits the power to make foreign policy, including the decisions to permit or forbid entry into the United States, to the President and Congress,” the five judges stated.
Currently, the President’s revised order is held up by an even more widely criticized temporary restraining order issued by U.S. District Judge Derrick K. Watson. As well as following many of the same lines of activist judicial reasoning the five judges criticized in their dissent, Judge Watson’s opinion heavily relies on the campaign rhetoric of President Trump and statements by chief aide Stephen Miller in TV interviews. This means, as several critical legal experts including Alan Dershowitz have pointed out, that the exact same order, if issued by Barack Obama, would not have been blocked, and would have been found Constitutional.
Now that’s a double standard!
In criticizing their colleagues, the five judges said that the panel “brushed aside” the clearly controlling case law of Kleindienst v. Mandel, 408 U.S. 753 (1972) and ignored entirely the rulings in Kerry v. Din, 135 S. Ct. 2128 (2015) and Fiallo v. Bell, 430 U.S. 787 (1977). The Supreme Court in Mandel recognized that First Amendment rights were implicated by an executive action but decided…
“when the executive has exercised its authority to exclude aliens on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion, nor test it by balancing its justification against the First Amendment 11 interests of those who seek personal communication with the applicant.”
Ethics Alarms 
Before presenting John Billingsly’s COTD, let me note up-front two of John’s points that I disagree with. First,while refusing to follow an illegal order is mandatory, the fact that one is given an order to do something unethical—and this patdown was unethical—does not reduce the responsibility to refuse if the harm to another is clear, obvious, and objectively unjust, as in this case. Second, everyone involved in a wrongful act is accountable, from the top of the chain of command to the bottom. I also have a third and fourth, but I’ll let others cover those.
Here is John Billingsley’s Comment of the Day on the post, From The Ethics Alarms “Res Ipsa Loquitur” Files: Now THAT’S An Unethical TSA Patdown: