Popular Culture

Note to Lawyers: Celebrities Have Confidences Too

/ Jack Marshall / 2 Comments

Eric Turkewitz, on his New York Personal Injury Law blog, properly and pointedly flags an outrageous instance of a lawyer running to the press with information the professional ethics rules governing lawyers say that he must keep  confidential absent permission to reveal them.

Stuart Goldberg, a Chicago criminal lawyer, was consulted by former child actress-turned-celebrity-bad-girl-turned-prisoner Lindsay Lohan as she sought new counsel to help her with her long-running legal woes. Lohan decided to pay her legal bills to someone else, and it was the first smart move Lindsay has made in a long, long time. Goldberg demonstrated his trustworthiness by dashing over to People Magazine and blabbing about his impressions of Lohan during their meeting as well as the content of their discussion. Continue reading →

Ethics Dunce: Donald Trump

/ Jack Marshall / 6 Comments

I know, I know. The ethicist’s equivalent of shooting fish in a barrel.

Nonetheless, even for the notoriously shameless and tasteless real estate mogul, this is a new low. He has recruited Rachel Uchitel for his self-promotion vehicle reality show, “The Celebrity Apprentice.” Uchitel, in case you’ve lost count, was the first of Tiger Woods’ many mistresses to be identified by the press.

Now every attractive woman seeking fame and fortune has a motive to contribute to the destruction of male celebrities’ marriages, to help disrupt  their children’s lives and shatter their sense of security, and to aid and abet self-destructive, dishonest, cruel conduct. If you do it well enough, Donald Trump will make you a star! Soon you can be appearing on other reality shows, making money, hiring an agent, getting photo spreads in the Globe and National Enquirer. All it takes is plenty of greed, a lot of ambition, and no shame. Talent, hard work, skill and intelligence are optional, and maybe even a disadvantage. Continue reading →

The Ethics Of Using A Facebook Mole

/ Jack Marshall / 9 Comments

A lawyer wants to get access to an adversary witness’s Facebook page so he can use information he finds there to impeach her testimony at trial. But even though she accepts virtually anyone who asks to be her “friend” whether she knows them or not, he worries that she wouldn’t accept his request if she recognized his name and face from her deposition, which might prompt her to guess his intent. So the lawyer asks an office paralegal to send her a “friend request” instead. Sure enough, she accepts, and soon the paralegal is gathering all sorts of dirt on the witness and passing it on to the lawyer.

Is this an ethical plan for the lawyer, or not? Earlier this year, the Philadelphia Bar Association’s Ethics Committee issued a legal ethics opinion that concluded it was not: the paralegal was acting for the lawyer, who was using subterfuge and misrepresentation to gain the witness’s consent to explore her private (or semi-private) Facebook information. The Committee said that it didn’t matter that the witness was careless with granting access, or that she gave consent to other “friends” that she barely knew: Continue reading →

The Emmys, “South Park,” and Integrity

/ Jack Marshall / 7 Comments

The Muslim extremist threat that cowed the Comedy Channel into censoring South Park has certainly spawned a bumper crop of unethical attempts at protest. First we had the juvenile “Let’s Insult Islam Because We Can Day” protest, better known as “Everybody Draw Muhammad Day,” which made a lot of completely innocent and law-abiding Muslims upset without accomplishing anything else—not even a good laugh. Now the Academy of Television Arts & Sciences, admittedly never a bastion of fairness, honesty or integrity, has made its incoherent protest by nominating the two “South Park” episodes that were censored for. Neither has been viewed intact on Comedy Central, nor are either viewable online. Nonetheless, the Academy says these episodes are among the “best animated programs,” despite the fact that the programs, in the forms that supposedly warrant the honor, have never been seen. Continue reading →

Thought Police at the Transportation Security Administration

/ Jack Marshall / 2 Comments

Leave it to the Government to give us a definitive example of this problem: how do we tell if someone is being unethical or just infuriatingly dumb? Most of the time, of course, we can’t tell.  You can conclude, however, that when high-placed leadership in a government agency, without a legitimate reason for doing so,  takes action that makes those who worry about excessive government intrusion into private thought, speech and conduct quake in their boots, the end result is the same. Such actions cause an erosion of trust, the lifeblood of democratic societies. That makes the conduct dumb and unethical. Continue reading →

The Ethics Of Ending Public Broadcasting

/ Jack Marshall / 3 Comments

The seeming inability of elected officials and politicians to deal with basic decisions involving responsibility, prudence, accountability and honesty is coming into sharp focus as yet another debate over taxpayer-funded public broadcasting on PBS and NPR gets underway.

Colorado Congressman Doug Lamborn has introduced legislation that would cut all federal funding, an estimated annual $420 million, for public radio and television as part of the necessary effort to close the nation’s more than $13 trillion debt. As one of thousands of measures that will have to be taken to stave of fiscal catastrophe in the future, the move is truly a no-brainer, an example of the standard budget-balancing strategy of eliminating the most non-essential expenses, no matter how nice it may have been to have them when resources were more plentiful. In a rational, ethical environment where politicians didn’t regard their interest group contributors as more important than the welfare of the nation as a whole, Lamborn’s proposal wouldn’t be considered controversial. The rational response from all would be, “Well, of course! That’s $420 million that can be better used.”

But no. Continue reading →

Pop Ethics Quiz! Who’s More Unethical: Mel or Oksana?

/ Jack Marshall / 10 Comments

Actor/director Mel Gibson has been in a series of nasty public and private battles with Oksana Grigorieva, whom he is currently fighting in court for custody of their love-child. As part of her assault on his fitness as a father, Grigorieva secretly taped one of their emotional arguments and released it to the tabloid media. On the tape, Gibson calls her a number of names that aren’t in a gentleman’s vocabulary, but the pièce de résistance is this charming sentiment:

“You look like a fucking pig in heat and if you get raped by a pack of niggers it will be your fault.”

Your question is: Which is more unethical? Mel’s ugly words or Oksana’s taping and releasing them?

[Pause for “Jeopardy” music…] Continue reading →

Joe Biden’s Civility Problem Is Our Problem

/ Jack Marshall / 3 Comments

We all know Vice President Biden’s mouth is only loosely connected to his brain. To some this is charming; to others it is irritating or scary. His tendency in unguarded moments to slip into vernacular hitherto regarded as undignified and inappropriate for high elected officials and unsuitable for family newspapers is part of a national crisis in civility. It is a symptom of it, but when our leaders give in to destructive cultural trends, they reinforce them. Continue reading →

Nefredo v. Montgomery County: Ethical Treatment for Fortune-tellers

/ Jack Marshall / 19 Comments

Or should that be “ethical treatment for charlatans”?

In the case of Nefredo v. Montgomery County, the Maryland Court of Appeals ruled that it was an infringement of the Right of Free Speech for the Montgomery County, Md., to deny a business license to a fortune-teller on the basis of a County ordinance that declared charging a fee for fortune-telling services was a crime. The ordinance states:

“Every person who shall demand or accept any remuneration or gratuity for forecasting or foretelling or for
pretending to forecast or foretell the future by cards, palm reading or any other scheme, practice or device shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code; and in any warrant for a violation of the above provisions, it shall be sufficient to allege that the defendant forecast or foretold or pretended to forecast or foretell the future by a certain scheme, practice or device
without setting forth the particular scheme, practice or device employed…” Continue reading →

Ethics Dunce: CNN

/ Jack Marshall / 7 Comments

Eliot Spitzer, disgraced New York Governor, law-breaking lawyer, spectacularly unfaithful husband and hypocrite for the ages, is just perfect, in CNN’s eyes, for trenchant and probing news commentary. He will be co-hosting a new talking head show on the network, partnered with conservative columnist Kathleen Parker, who as far as we know hasn’t operated any prostitution rings, not that it would matter to CNN.

Thus will the venerable cable news network adopt the strategy that has worked so well for Fox News and too many other media organizations: find infamous people who have thoroughly humiliated themselves and betrayed those who have trusted them—individuals who by all principles of justice and fairness deserve to be relegated to permanent obscurity until they have proven by hard work, good deeds and appropriate contrition, that they may again be worthy of trust—and give exposure, celebrity and employment to these anti-role models rather than to any of the large number of more deserving, talented, honest, reliable and admirable professionals who are available and capable. Continue reading →