When a Law Makes a Problem Worse

Where should we file this legislative botch? Perhaps we should file it under incompetence, lack of diligence, irresponsibility, or inexcusable ignorance of unintended—but completely predictable–consequences.

In California, a statute  passed overwhelmingly by the State Legislature required that lawyers who work on loan modification agreements for homeowners facing foreclosure cannot require any payment until the work is complete. The law was intended to eliminate unscrupulous firms from running scams on desperate Californians, more of whom face foreclosure than in any other state, in which the firms charged large up-front fees and then did nothing. Unfortunately, it also made it unprofitable and risky for legitimate, honest lawyers to put in many hours battling lenders skilled at running out the clock in the hopes of being reimbursed by clients who are already in financial deep water. Thus stressed California homeowners, having been given protection by their tunnel-visioned representatives, now can find no legal help at all, honest or otherwise. Continue reading

Unethical Quote of the Week: Rep. Barney Frank

“Anything we’re doing that’s unconstitutional will be thrown out in court.”

—-Rep. Barney Frank (D-Mass.), expressing his disdain for a new House rule that will come in with the new Republican majority, requiring  every bill to cite specific constitutional authority.

Similar sentiments expressed by others: Continue reading

Ethics Dunce: Arnold Schwarzenegger

  • Here’s what an ethical governor does with the power to pardon and commute sentences, when he believes a young man sentenced for his participation in a murder was sentenced too harshly: Continue reading

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