The degree to which the average American, even the average educated American, even the average educated and rational American, is ignorant about the ethical mandates and structure of the legal profession and the justice system is by turns shocking, depressing, and frightening. The consequences of this ignorance, for which the legal profession itself is largely to blame, bursts forth in all their ugly splendor after the acquittal of a Casey Anthony or, even more disturbingly, a George Zimmerman. Well meaning members of the public, who are nicely represented in this Ethics Alarms thread, think they are declaring their support for justice when they advocate cutting through all the troublesome bureaucracy and making sure what “everyone knows” is the correct result happens, and process be damned. Just do the right thing! How hard can that be? This blogger, for example, has it all figured out. Leave it to him and people of a like mind, and we’ll have a police state in no time. Continue reading
Law & Law Enforcement
A Handbook For Manipulation and Deceit, Rationalizations Included
This wasn’t considered newsworthy by the mainstream media, and that alone is worthy of some pondering: a 70-plus page how-to guide titled “Preventing Gun Violence Through Effective Messaging” has surfaced, produced last year by the Washington, D.C.-based firm of Greenberg Quinlan Rosner.* The guide is a political strategy lesson for anti-gun advocacy, and its favored tactics involve emphasizing emotional hot-buttons over rational discourse and informative debate. The manual was produced, it appears, for the Seattle-based Washington Alliance for Gun Responsibility (WAGR) before the Sandy Hook tragedy, but its advice tracks in every way with the approach employed by Democrats, including President Obama, during the disgraceful rush to exploit public horror over the shooting in an effort to pass strong anti-gun measures in the states and nationally.
Of course this is newsworthy. The public is the target of manipulation, deception and persuasion tactics that are designed to provoke half-baked opinions and positions based on emotion rather than rational analysis. If the public recognizes such tactics as the cynical ploys they are, such tactics will not be as effective. Such tactics shouldn’t be effective, and should be employed by honest, ethical advocates on any side of any issue. The mainstream media chose not to publicize the manual because 1) most reporters agree with the manual’s objective, and 2) the mainstream media eagerly facilitated the unethical methods recommended, and will probably continue to do so.
“The debate over gun violence in America is periodically punctuated by high-profile gun violence incidents including Columbine, Virginia Tech, Tucson, the Trayvon Martin killing, Aurora, and Oak Creek,” the guide points out. “When an incident such as these attracts sustained media attention, it creates a unique climate for our communications efforts.” Early on, the document it makes it clear that the “communication efforts” must always concentrate on stirring up emotions, not relying on facts or engaging in substantive debate. “A high-profile gun violence incident temporarily draws more people into the conversation about gun violence. We should rely on emotionally powerful language, feelings and images to bring home the terrible impact of gun violence.”
For example, the guide addresses Stand Your Ground laws and advises substituting pejorative (and misleading) descriptions like “Shoot First” and “Kill at Will,” asserting that these terms are “more accurate and persuasive.” At every turn, the guide cautions against getting bogged down in potentially nuanced statistics and facts, and urges anti-gun advocates to overwhelm any efforts at balancing or considering pros and cons with talking points based on emotion salted with one-sided, group-tested statistics and generalities...”The core frame should be personal and emotional—centered on ‘people’ and not on facts, laws, or legislation.” The top things to remember, cautions the guide,
#1: ALWAYS START WITH THE PAIN AND ANGUISH THAT GUN VIOLENCE BRINGS INTO PEOPLE’S LIVES
#2: USE STATISTICS TO REINFORCE AN EMOTIONAL ARGUMENT, NOT TO REPLACE IT.
Recommended phrases to use in forums and interviews include,
- “It breaks my heart that every day in our country (state or city) children wake up worried and frightened about getting shot.”
- “Just imagine the pain that a mother or father feels when their young child is gunned down.”
- ” The real outrage – the thing that makes this violence so unforgivable – is that we know how to stop it and we’re not getting it done”
To the authors of the guide, effective persuasion “means emphasizing emotion over policy prescriptions, keeping our facts and our case simple and direct, and avoiding arguments that leave people thinking they don’t know enough about the topic to weigh in.”
That’s right, keep them ignorant and thinking that they aren’t. It’s the American way.
The guide is professional and well-thought out. It is certainly a useful document for any advocate to study before going on a talk show, or before drafting remarks at a rally, and it is obvious that this is exactly what such advocates do, if not with this document, then with similar ones. It is creepy to read line after line that is immediately recognizable as an endlessly repeated “talking point” during the Trayvon Martin uproar and the Sandy Hook aftermath. The manual also could grow cynicism on a rock. There is nothing honest or genuine about the political and policy-making process that the guide presupposes and attempts to control. There is nothing productive either. The objective is only to win—to get a desired policy initiative past the stage where public support is important and into the back rooms where the deals can be cut . You know that there was an equivalent document during the Affordable Health Care Act. These are blueprints for rushing policies into law, not for educating the public or fairly exploring complex issues before taking giant leaps of faith. They are, in short, instruction books on how to exploit the ignorance of the American people and distort the democratic process.
This is a bi-partisan practice, of course. The only difference between this guide and those produced by conservative consultants is that if one of those was found, the mainstream media would have reported it, Media Matters would have announced that it was a smoking gun document showing how evil Republicans corrupt America with their lies, and on MSNBC, Lawrence O’Donnell would have smirked over it for a week.
The number of rationalizations at the ready, therefore, begin powerfully with “Everybody does it” (#1 on the Rationalizations list). So is, as a direct result, #2, “They’re just as bad” and #7, “Tit for tat,” Such a document and the politics behind it also invokes #3, Consequentialism, and #4, Marion Barry’s favorite, “If it’s legal, it’s ethical.” It employs # 11, the Dissonance Drag, since the reason it will be deemed acceptable by anti-gun types is because they happen to like the people using the strategy; if the same document outlined the NRA’s approach, they would sincerely and passionately feel it was despicable.
It is the very embodiment of The Saint’s Excuse (#12), otherwise known as “It’s for a good cause,” as well as #13, Self-Validating Virtue. #17, Hamm’s Excuse or “It wasn’t my fault,” is one of the predictable responses to criticism: “Hey, this is how the game is played. We didn’t make these rules; this has been going on for decades. Don’t blame us!” My least favorite rationalization of all, #22, Comparative Virtue, “There are worse things,” is also in play; so is “We have no choice” (because the evil NRA keeps buying legislators and rational debate doesn’t work!), # 24. #27, “These are not ordinary times!” is a natural, of course. So is #30, The Troublesome Luxury, usually expressed as “Ethics is a luxury we can’t afford right now!”
Politics being politics, it’s perfect for #31, The Unethical Role Model, as in “Thomas Jefferson/Abe Lincoln/ Jack Kennedy would have done the same thing.” Heck…A new book suggests Jesus might have done the same thing!
Fourteen out of thirty-two possible rationalizations is an impressive arsenal, all right, but they are still rationalizations for what is a Machiavellian, “the ends justifies the means,” “by any means necessary,” unethical strategy that intentionally aims at the weaknesses of democracy and exploits them through the cynical use of psychology, manipulation, and deceit. Yeah, I know, it works, just as so many methods used by governments and interest groups to deceive the public and warp their perceptions have worked and work still.
That’s not really working, though, is it now? Causing a system designed to involve an informed and rational citizenry to malfunction by exploiting laziness, ignorance and hysteria isn’t working, just because it succeeds. In fact, such tactics result in the kind of politics and government we have right now.
That is called, not working, but failing.
* According to the guide, Quinlan was part of “a team of communicators” with “decades of experience advising organizations on message development and strategic communications.” Other members of this team were Frank O’Brien, creative director and founder of OMP, another Washington, D.C.-based firm, and Jeff Neffinger and Matthew Kohut at KNP Communications, also headquartered in Washington, D.C. Among GQR’s clients are the Mayors Against Illegal Guns, the Joyce Foundation, several state education associations, Defenders of Wildlife, National Public Radio and the Sierra Club. Among OMP’s clients are Planned Parenthood of America and the Natural Resources Defense Council.
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Sources: WSJ, Washington Examiner, Examiner
Now THAT’S An Untrustworthy Legal Secretary!
The Connecticut Law Tribune reports that Barbara Kalpin, a former legal secretary at the Waterbury law firm of Grady & Riley, has been charged with stealing more than $1 million while forging dozens of checks and documents.
She was, the story says, “a longtime and trusted employee at the firm.” It seems the firm’s trust was misplaced. Investigators have discovered that she spent about $500,000 over the last few years at an off-track betting venue in New Haven for horse and dog racing. According to police, she wrote 93 checks from a client fund that she managed, among other things using the money to pay credit card bills and to finance multiple mortgages on her home. Kalpin is facing two counts of first-degree larceny and 112 counts of second-degree forgery, and is awaiting arraignment next week.
Connecticut’s bar, like every that of every other state, imposes a strict obligation on attorneys to supervise non-lawyers who are placed in positions of assisting in legal work and the handling of client matters: Continue reading
Pssst! Katie McDonough! If A Fetus Is A Human Being, Whether Or Not It Feels Pain When You Kill It Is Irrelevant
There is a lot of solemn and indignant nonsense written on both sides of the abortion issue, but for mind-numbing muddle-headedness, Salon’s Katie McDonough deserves some kind of prize. In a jaw-dropping essay titled “Fetal Pain Is A Lie: How Phony Science Took Over The Abortion Debate,” she makes such a throbbing-neon straw man argument that it should be used in textbooks as an example of the technique, beginning with the very first statement under the headline,—“New laws banning abortion after 20 weeks are based on pseudoscience — and real research proves it conclusively.”
Real research “proves” nothing of the kind. The various laws banning late term abortions are based on the argument that there has to be a line where the fetus stops being treated by the law like a mass of cells with no rights or status as an individual, unless we’re ready to proceed down the slippery slope to the point where a woman gives birth, looks the kid over to see if she likes him, and bashes his brains out against the wall, legally of course, if she doesn’t. Continue reading
Ethics Quote of the Week: Charles Geyh and Stephen Gillers
“Codes of ethics for judges fortify the administration of justice. They tell judges their ethical responsibilities and articulate high standards of conduct to which they should aspire. They assure litigants that a judge before whom they appear is committed to fairness and impartiality. They require judges to conduct their personal and professional lives in a manner that fosters respect for the courts.”
—–Law professors Charles Geyh and Stephen Gillers, arguing in Politico for the U.S. Supreme Court to adopt a Code of Ethics.
The U.S. Supreme Court, it might surprise you to know, is the only court in the U.S. without a formal Code of Ethics that its judges are required to follow. The idea appears to be that if one has risen to the tippity-top of the judicial tree, one’s ethics must be impeccable as matter of course.
Right.
On Politico, Charles Geyh and Stephen Gillers make a convincing argument that SCOTUS should not only hold itself to high ethical standards, but also make it clear to all what those standards are.
You can read the entire post here.
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Pointer: Legal Ethics Forum
Ethics Quiz: Reddit Ethics And The Non-Privileged Confession
Reddit’s OffMyChest forum is promoted as a safe social media site to post confessions and to seek support or advice for very difficult, personal, potentially embarrassing problems. Of course, there is no such thing on the web, and such posts are only as confidential as the forum’s participants are trustworthy.
An 18-year-old poster calling himself Pilot94 unburdened himself about a statutory rape (or two) that he escaped punishment for thanks to some good luck. But the episode obviously still troubled him. He began…
“I’ve never been good at this sort of thing. Never in my life have I fully told the truth to anyone, except my best friend…But there are things I need to say that I’ve never been able to say before. I am purposefully not using a throw away account, I highly doubt anyone I know will find this but if they do, I’m glad you now know… “
He went on to describe his life to date, and how it had begun to spin out of control:
“I basically turned into a drug dealer with my best friend. He took the pills and I sold them. We started to get into trouble with the police. Patrick and I vandalized numerous parks and places around our town. We got caught for that had probation and fines, etc. That didn’t stop the Dynamic Dumbasses though. We picked up charges for shoplifting, under age consumption, speeding, drunk driving, etc. But nobody knew. We were such good liars that we were able to keep it all to ourselves. …We ran from cops all the time and partied, got drunk, got high, and raised hell. I kept dealing drugs and we kept taking them. Somehow we avoided getting charged for that, though we were close multiple times.”
Then came the incident that prompted the post:
“I knew some girls from school (I thought they were 15-16, they ended being 13-14) that I met at a party. One night they called us up and said they were drunk and wanted to have fun. We couldn’t say no. We drove out and picked all 3 of them up. We parked by the neighborhood pool, got in the back of the truck, and started going at it. Everyone had their clothes off, the girls were making out with each other and having sex…After about an hour, we headed back to their house. We were out front when a cop pulled up. Then shit hit the fan. The girls accused us of raping them, getting them drunk and supplying drugs. They revealed their true age to the police…One of the girls was so drunk she had to have her stomach pumped and spend the night in the hospital. [My friend} and I went home with our parents as the police impounded my truck and started a full criminal investigation into what had happened. Apparently all 3 were virgins prior to the night, and only did this because they were drunk. The one with alcohol poisoning also had vaginal tearing, and they performed a rape kit on her. The evidence against us was incredible. I don’t know why we weren’t arrested on the spot…But for some reason, both the lead detective on the case and the chief of police were fired shortly after. We were told we would hear from the new officer in charge of our case, but we never did. I don’t know how or why, but it just disappeared.”
The near disaster prompted a life turnaround, he wrote, that at least so far was a success:
“Needless to say this scared us beyond straight. Going from expecting 10+ years in prison to miraculously being free was incredible. Somehow I straightened my life up and actually graduated with honors from a Top 500 school….I received a full ride Army ROTC scholarship to a prestigious military school to study Russian and International Affairs and eventually receive a commission as an officer. [My friend and I] both have no idea how or why we were given another chance, but we definitely aren’t going to fuck it up. I know there are stories on here about suicide and other heavy subjects, but this is the most honest I’ve ever been in my life, and it feels amazing. Sorry for making it so long!”
So trusting was the author that he later posted a photo of a scholarship he received from Army Reserve Officer Training Corps to Reddit’s military forum. It included his name, and some Reddit users connected the scholarship, the school, the name and the earlier confession.
And alerted the school.
Now he may be kicked out, and perhaps prosecuted. When he asked on the forum why anyone would do this to him, one Reddit member, perhaps the same one who revealed his secret, wrote…
“You ruined a couple of girls’ childhoods. You make it sound like your a good person now and that you have turned over a new leaf but you never once indicated that you felt any remorse for these people you destroyed. I think you far exaggerate to us and yourself how good of a person you are, and how deserving you are of forgiveness.”
Another wrote:
“He considers drugging and raping 3 14 year olds in the back of his pick up “minor”, he has no remorse for the lives he’s hurt, only that he was caught. He is deserving of no forgiveness until he can show that he actually feels remorse.”
Your Ethics Alarms Ethics Quiz Question is this...
Was reporting him to his school based on his post ethical, or unethical? Continue reading
Here’s Something Else For Unemployed Law Grads To Worry About
A legal ethics specialist with the D.C. Bar, speaking at the Bar’s mandatory ethics course, opined that a lawyer’s student loan debt could create an irresolvable conflict of interest preventing him or her from taking on certain cases, at least while complying with the ethics rules
I never thought about that before, but horrors!…he’s right! Continue reading
I Would Have Fired Sympathetic, Well-Meaning, Grandmotherly Sharon Snyder, Too: The Perils Of Consequentialism
Hear me out.

Why do I suspect that if this had been the clerk in question, we wouldn’t be hearing about this story?
The news media is indignant over the firing of Sharon Snyder, 70, a court worker who provided a copy of a successful motion for seeking post-conviction DNA testing that gained Robert Nelson a reversal of his wrongful 1984 rape conviction. He had been sentenced to more than 50 years in prison, and the belated DNA testing showed that he was innocent. Nevertheless, court officials in Jackson County, Missouri ruled that Nelson’s “angel” had improperly provided advice about a case, among other violations of court rules.
Snyder was fired nine months before she was scheduled to retire, and there is little question that without her efforts, Nelson would still be in prison. In August 2009, Nelson filed a motion seeking DNA testing that had not been available at his trial 25 years earlier, but Jackson County Circuit Judge David Byrn denied the request. Two years later, Nelson asked the judge to reconsider, but again Byrn rejected the motion because Nelson’s self-drafted document was insufficient under the statute Nelson had cited. After the second motion was rejected, Snyder contacted Nelson’s sister and gave her a copy of a successful motion, drafted by a lawyer, that resulted in the same judge granting another DNA testing request. Nelson then used it as a template for a motion he filed Feb. 22, 2012, again seeking DNA testing. Byrn sustained the motion, found Nelson to be indigent and appointed Laura O’Sullivan, legal director of the Midwest Innocence Project, to represent him. Last month, the Kansas City Police Department’s crime lab concluded that DNA tests proved that Nelson was not the rapist in the crime he had been convicted of committing. He was freed on June 12, 2013
This is all good, and an example of justice finally, if belatedly, prevailing.
Snyder’s role, however, got her suspended without pay, and then fired on June 27. Continue reading
Sorry: I Would Fire Don/Dawn Ennis
Let me begin by saying that I have no idea what is going on, was going on or will be going on with ABC producer Don Ennis. Unless he has the worst sense of humor in the world, whatever it is isn’t good, or anything I would wish on someone else. I am, to a point, sympathetic. However, if I were his employer, I would tell Ennis today that he will have to work out his unusual identity issues somewhere else, and I believe that would be the right thing to do. It may not, however, be the legal thing to do, which is one of approximately 268 reasons I’m glad that I am not Mr. Ennis’s employer.
Not that it wouldn’t be exciting. If you hadn’t heard, last May Don Ennis, a well-respected ABC News editor and previously unambiguously male, entered his newsroom wearing a cute black dress and an auburn wig and announced to a stunned staff, colleagues and superiors that he was transgender. The ABC News national assignment editor said he was forever more to be known as Dawn Stacey Ennis. “Please understand,” he said in a statement, “this is not a game of dress-up, or make-believe. It is my affirmation of who I now am and what I must do to be happy, in response to a soul-crushing secret that my wife and I have been dealing with for more than seven years, mostly in secret. A father of three, “Dawn” announced that the newly-confirmed she was separating from her wife of seventeen years.
His colleagues were supportive, as was everyone else in the media, which is why you probably hadn’t heard the story. They left flowers on Dawn’s desk; ABC News President Ben Sherwood wrote her a note of support. I would have done likewise. This is a real problem, and exactly the kind of personal, medical crisis that the workplace ought to accommodate, while providing emotional support for the difficult and courageous transition. Thus Ennis continued to work at ABC sporting hormone-induced breasts, make-up, lipstick, skirts and heels. This undoubtedly caused a period of adjustment and awkwardness, but I would expect mature professionals to handle it gracefully.
Today, we learned, along with ABC, that Ennis has had a change of heart, and almost everything else. In a jaw-dropping e-mail to family and co-workers titled “Not Reportable, Very Confirmed,” Ennis explained that he was Don Ennis again. “That will be my name again, now and forever. And it appears I’m not transgender after all.” Continue reading
Unethical Quote Of The Year: Ariel Castro

Well, now, Ariel, with all due respect, I have to disagree with you here. You are, in fact, a monster.
Perhaps some gratitude is due to convicted Cleveland kidnapper, torturer, rapist Ariel Castro for yesterday’s long, rambling, thoroughly disturbing statement to the court before sentencing. Within the nearly 1900 words he inflicted on everyone present are a true treasure trove of rationalizations, ethical dodges and classic excuses for wrong-doing, many of which, in different contexts, we use ourselves or accept from others. Perhaps, in the future, when we hear or read of these very same rationalizations and deceit from politicians, celebrities, Wall Street manipulators, media flacks and the people who enable them, or when we detect the seeds of one of them germinating in our own heads, we will recognize them as the property of Ariel Castro, and reject them promptly.
Here is what Castro said yesterday, in its entirety. Read the whole thing…just picking out the highlights doesn’t do the statement justice. It is a masterpiece of evil. I’ll break in from time to time, in bold:







