More Bad Parent Ethics

None of them shipped their child to Russia, this week’s bad parents betrayed an infant, a 13-year old boy, and an adult daughter spiraling toward disaster… Continue reading

License Plate Ethics: Is a Hateful Message Unethical If Nobody Understands It?

Virginia’s Department of Motor Vehicles, following analysis worthy of the cracking of the ENIGMA code during World War II, concluded that a vanity plate reading “14CV88” was “racially offensive” and had to be pulled from the road. Prof. Eugene Volokh raises the issue of whether this violates the First Amendment (he suspects it does), but the more interesting question, at least for me, is whether there is anything unethical about displaying a message like this.

Oh! I forgot to explain to you why you too should be horribly offended at the “message!”  Continue reading

Why Lawyers Should Work “For Good”

Pro bono legal work (short for pro bono publico, or “for the public good”) is when lawyers take on cases free of charge. Some lawyers—and you know who you are!—would say that the primary reason to take on pro bono cases is that membership in the Bar requires it. That’s compliance, however, driven by non-ethical considerations, not ethics. There are excellent reasons to work pro bono that have nothing to do with being able to check off mandatory hours, and everything to do with the crucial roles lawyers have a duty to fulfill in a free society.

Georgia attorney Dawn Levine compiled this list of  “The Top Eight Reasons to Take Pro Bono Cases;” I recommend the whole article. Her list, however, should be posted on the walls of every attorney’s office. It represents the best aspirations of an unfairly maligned profession. Here it is… Continue reading

Ethics Quote of the Week

“For many African-Americans, these facts can be difficult to accept. Excuses run the gamut, from ‘Africans didn’t know how harsh slavery in America was’ and ‘Slavery in Africa was, by comparison, humane’ or, in a bizarre version of ‘The devil made me do it,’ “Africans were driven to this only by the unprecedented profits offered by greedy European countries.”

Henry Louis Gates, in his New York Times op-ed, “Ending the Slavery Blame-Game,” confronting the complicity of Africans in American slavery by selling their own people to slave-traders.

Harvard professor Gates, a respected authority on race in America despite his problems with the Cambridge police, has made an admirable effort to take the issue of reparations out of the context of racial guilt-mongering and forcing advocates to deal with facts rather than emotion. The fair starting point for discussions, Gates points out, is that the ancestors of white and black Americans profited from slavery.

Does this rule out any fair and coherent allocation of slave reparations, which were conceptually problematical already? Probably, and if so, we should move on to more productive debates. Gates is brave and responsible for shining light on a genuinely “inconvenient truth.”

Don’t Tell Mom the Client’s Dead

The Minnesota Supreme Court has suspended a lawyer for settling a case without revealing to the opposing side the small matter of his client being dead. There aren’t many misconceptions a lawyer is absolutely required to correct by informing the other side, unless the lawyer or the client clearly created a the misconception by its own words or actions. But the death of a client mid-case is one of them. Continuing to negotiate as if the client is alive is an affirmative and material misrepresentation.

This principle is always good for a laugh in a legal ethics seminar, but instances of its application are rare. In this case, the suspended lawyer may have uttered a famous quote when his adversary, after agreeing to a settlement, heard that the client had died and asked him whether it was true. Thomas Lyons, Jr. replied, “Yes. How ironic!” Continue reading

Mayor Bloomberg’s Off-shore Tax Havens: Legal, and Wrong

It has been revealed that New York City Mayor Michael Bloomberg’s family foundation makes extensive use of off-shore tax havens and hedge funds in the Cayman Islands, avoiding U.S. taxes that other major foundations choose to pay. You know the Cayman Islands: that’s where the criminal law firm in John Grisham’s novel The Firm helped its Mafia clients hide their income. I’m not suggesting that Bloomberg is ripe for a takedown by Tom Cruise. I am suggesting that it looks terrible, and leaders have a duty to avoid looking terrible. Continue reading

Ethics, Punishment and the Dead Child in the Back Seat

Washington Post columnist Gene Weingarten received a Pultitzer Prize for his feature, “Fatal Distraction: Forgetting a Child in the Backseat of a Car Is a Horrifying Mistake. Is It a Crime?” Focusing on the grief of parents who caused the deaths of their own children by negligently leaving them locked in over-heated cars, Weingarten, to his credit, doesn’t advocate a position in his article, although it would be impossible to read it without feeling compassion and empathy for his subjects, both those who have been prosecuted and those who have not.

The article squarely raises a classic ethical conflict, as well as the question of the role of punishment in society. As always with ethical standards, the issue ultimately encompasses how we decide what is in the best interests of society. Weingarten points out that there is no consensus on whether parents who inadvertently kill their children in this way should be brought to court: some prosecutors bring charges, others do not. Which is right?

I don’t like my answer much, but I think it is inescapable, once the emotion is left behind. Continue reading

The Hood Fiasco: SCOTUS Ducks An Ethical Imperative

Charles Hood has been on Death Row in Texas since 1990, when he was convicted of murder in the shootings of Ronald Williamson and Tracie Lynn Wallace at Williamson’s home in Plano, Tx. Hood had worked for Williamson and was living in his home. There was plenty of convincing evidence that Hood committed the murders; his defense was essentially based on mitigating circumstances. Nonetheless, it was by any logical and ethical standards, an outrageously unfair trial. Why? In a scenario that would have been laughed out of a “Law and Order” writers’ conference, the trial judge, Verla Sue Holland was sleeping the prosecutor,  county district attorney Tom O’Connell. Continue reading

No More Presumption of Good Will For Unethical Prosecutors

The horrible Duke lacrosse team rape prosecution in 2006 had one very bright silver lining. It finally forced the majority of Americans to accept that prosecutors are as capable of being unethical  as any other attorney, and that because their misdeeds carry the extra weight of government power, prosecutorial misconduct must be exposed and condemned.

Thus it is a relief that the recent blatant abuse of power by Commonwealth of Virginia Attorney Martha Garst is being roundly attacked. Continue reading

Obama’s Coal Mine Tragedy Verdict=Abuse of Power

There are two disturbing implications of President Obama’s premature condemnation of  Massey Energy for the recent tragedy at its Upper Big Branch mine in West Virginia, where an explosion killed 29 miners on April 5. The first is that the President appears to have a flat learning curve, as this repeats his error in the Professor Gates fiasco in Cambridge, Mass, in which Obama condemned the conduct of a Cambridge police officer without getting all the facts. The second is that for a former law professor, Obama has a rather loose grasp on the concept of Due Process. Continue reading