When Does A Nasty E-Mail Exchange Constitute Punishable Unethical Conduct?

Now we know—at least when Florida lawyers are concerned.

Tampa lawyer Nicholas F. Mooney  and Palmetto lawyer Kurt D. Mitchell received suspensions from the Florida Bar and the Florida Supreme Court after an escalating e-mail exchange that  continued over six months.

A lack of civility is considered a breach of professionalism in all jurisdictions, but not an ethical violation calling into question fitness to practice law—the standard for bar discipline—unless it is extreme, and usually not until there have been warnings issued. Apparently this particular spat was just too much for the Bar to take, perhaps because it reflects badly on the entire profession. Continue reading

Ex-Rep. Steve Driehaus and Sore Loser Ethics

Former U.S. Rep. Steve Driehaus (D-Ohio), who lost his seat last November to Republican Steve Chabot, is suing an anti-abortion group for making statements that he says misled voters about his stance on abortion, leading to his demise at the polls.

In his defamation lawsuit, Driehaus argues that the Susan B. Anthony List lied about him in public statements and then sued him for trying to stop the group from posting misleading billboards, thereby “depriving him of his livelihood.” Driehaus, who campaigned as an anti-abortion candidate, voted for the controversial national health care law, which many anti-abortion activists maintain supports taxpayer-funded abortion. Driehaus argued and still maintains that the claim was false, and that the law bars any federal funding of abortion.

Driehaus’s suit is unethical and  ridiculous. Continue reading

One More Addition to 2010’s Worst in Ethics: Sen. John McCain

I inadvertently left a category out of the Ethics Alarms year end awards for 2010, perhaps because it is such a discouraging one. I just remedied the omission, and added this:

Integrity Meltdown of the Year: Sen. John McCain. A sad spectacle indeed: since losing his run for the presidency in 2008 and having to face a strong challenge from the Right in seeking re-election to the U.S. Senate, the celebrated Arizona maverick reversed long-held positions in favor of creating a route to citizenship for illegal immigrants, reversing “Don’t Ask, Don’t Tell,” and ending the low Bush tax rates on upper-income Americans. He didn’t change his mind because of sudden epiphanies of clarity, either. He just wants to stay in the Senate. True, McCain held fast to other principles, like opposing earmarks, but those were the ones his critics on the Right supported too. Integrity means being true to your core values even when it is inconvenient or unpopular. Once upon a time, that description fit Sen. John McCain. As of 2010, this was no longer true.

The Second Annual Ethics Alarms Awards: The Worst of Ethics 2010 (Part 1)

Happy New Year, and welcome to the Second Annual Ethics Alarms Awards, recognizing the Best and Worst of ethics in 2010!

This is the first installment of the Worst; the rest will appear in a subsequent post. (The Best is yet to come.) Continue reading

Gov. Haley Barbour Shows How To Make Mercy Unethical

Mississippi Governor Haley Barbour has managed to make a reasonable commutation decision look thoroughly corrupt….which it very well might be. Continue reading

When TV’s Ethics Matter, and When They Don’t

As one who has argued that certain TV commercials, notably the infamous “green shirt” Tide commercial, the Twix commercial  and Direct TV’s disturbing (but often funny) series showing football fans hurting rival team supporters, I know I’m asking for trouble by declaring, as I officially do here, that for compliance firm Global Ethics to criticize TV shows like “The Office” and “30 Rock” for supposed workplace ethics violations is absurd. But it is absurd. And criticizing the commercials in question is not.

Hear me out. Continue reading

Superhero Ethics!

For the most part, Ethics Alarms is dedicated to exploring actual ethical issues rather than fictional ones, but analyzing hypotheticals is still excellent practice for dealing with the real world problems that are sure lie ahead. One of the most original, thoughtful and entertaining new blogs to burst on the scene looks like it will be generating fascinating ethics hypos for a long time. It is called Law and the Multiverse, and it explores the legal dilemmas comic book superheros ( and supervillains, not that they would care) would face if they, you know, existed. Many of these dilemmas involve ethical questions as well, such as… Continue reading

No-Tolerance Idiocy of the Year: Southern Lee High School in Sanford, N.C.

Ethics Alarms has not yet completed its annual Best and Worst of Ethics lists for 2010, but I’ll hand out this title right now.  The persecution of student Ashley Smithwick, 17, of Sanford, N.C., has all the elements that make no-tolerance enforcement of school rules ethically offensive: a lack of common sense, absence of proportion, dismissal of empathy, rejection of fairness and justice, disregard for the welfare of an innocent child, and most of all, incompetent, cowardly, utterly stupid school administrators.

Yes, I think we have a winner. Continue reading

Boseman v. Jarrell: A Gay Mother Tries to Use Legal Discrimination To Her Advantage

Julia Boseman and Melissa Jarrell were domestic partners in Wilmington, North Carolina, and always wanted to raise a child together. In May of 2000, they decided to make their dream a reality, and began the process of having a baby. They decided that Melissa would do the child-bearing, but Julia would be equally involved in the process in every other respect. They  chose an anonymous sperm donor together after researching and discussing various options. They jointly attended the medical session necessary to conceive their child and to administer proper prenatal care. Julia read to the gestating child in Melissa’s womb and played music for him; she also cared for Melissa during her pregnancy and was present at the birth. Melissa and Julia jointly chose their son’s first name, and agreed that he should have a hyphenated last name composed of their surnames. In every way, they behaved publicly and privately as the parents of the child, introducing him into their respective extended families.

But North Carolina refuses to recognize same-sex marriages, so in the eyes of the state, Julia was not legally a parent. To remedy this obstacle, she sought and received a court order adopting the child without severing her partner’s legally recognized parental rights. Officially, their child now had two, same-sex parents. Then the couple split acrimoniously, with the acrimony greatly magnified when Melissa sought to limit Julia’s contact with her son.

Julia sued, arguing that she was the child’s parent as much as Melissa. Continue reading

A Missing Dollar, a Jackpot, and Seven Lousy Friends (UPDATED)

Gordon Gekko was full of it. Greed isn’t good, and the Hacienda Hills Country Club lottery ticket affair proves it. It is also an example of when the legal resolution of a controversy is very complicated, but the ethical verdict is a cinch.

For nine years, 72 year-old Jeanette French was part of the group of retirement community residents and employees at the Villages’ Hacienda Hills Country Club that pooled money each week to buy Florida lottery tickets, each putting in a dollar. She didn’t make it to the Golf Shop where the group met one lottery day, but that French didn’t think that was a problem: the established practice was that another member of the group would put in a dollar for the missing member, who would pay him or her back the next day. The day that Jeannette had other commitments, her group bought what turned out to be the winning ticket, to the tune of $16 million in the Florida lottery.

Yippee! Jeanette’s seven good friends, however, now argue that she has no right to a share of the winnings, because nobody put in that dollar for her. Continue reading