Category Archives: Professions

From The Ethics Alarms “Irony” Files: “The Association For Honest Attorneys” Has No Attorney Members…

The ABA Journal reports that the U.S. Tax Court ruled against The Association for Honest Attorneys (Known as A.H.A! ) this month, denying  tax-exempt status for the organization. Why? Well,  it hasn’t had any lawyer members since its founding in 2003, and no lawyer could be found to represent the group in its tax dispute. The group’s founder, Joan Farr, spent association money at grocery stores, department stores and home-improvement stores.

 

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Filed under Ethics Alarms Award Nominee, Ethics Dunces, Humor and Satire, Law & Law Enforcement, Professions

Morning Ethics Warm-Up, 4/19/18: “Boy, Am I Sick Of This Stuff” Edition

Morning….

1. Once again, the Orwell Catch-22. Ethics Alarms has several times flagged the unconscionable use of the Orwellian ” If you have nothing to hide, you have nothing to fear’ in the news media and among the resistance as they try to demonize the President of the United States for insisting on basic principles of due process and legal procedure. (Here, for example.) How did the Left come to such a state where they embraced this unethical concept, which is totalitarian to the core, and the antithesis of liberal thought? It is pure corruption, and forces fair Americans to side with the President and his defenders whether they want to or not.

To get a sense of how insidious this trend is, read Jonathan Chait’s recent effort for New York Magazine. Chait isn’t an idiot, but he’s so biased that he often sounds like one, as in his ridiculously blind 2016 essay declaring that “The 2016 Election Is a Disaster Without a Moral.”

This time, he makes the argument that President Trump must be guilty of horrible crimes because various Trump allies have denied that Michael Cohen will “flip” on his client, meaning that he would testify against him. Lawyers can’t testify against their clients, even if they have knowledge of criminal activity. They can testify to client efforts to involve them in criminal activity prospectively, because requests for advice regarding illegal acts are not privileged. Chait, however, doesn’t observe this distinction: he is simply towing the ugly If you have nothing to hide, you have nothing to fear’ position that has been adopted, to their shame, by many left-leaning pundits and supposedly legitimate news organizations like the New York Times. Look at this section in Chait piece, for example: Continue reading

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Filed under "bias makes you stupid", Ethics Dunces, Ethics Train Wrecks, Government & Politics, Journalism & Media, Law & Law Enforcement, Professions, Rights, This Helps Explain Why Trump Is President

From The Ethics Alarms “Horrible People” Files: The Vile Progressive Professor (Yes, Another One, and Yes, I Would Fire Her)

Randa Jarrar, a professor in the English department at California State University, Fresno (That’s her above: am I the only one that finds her expression unsettling?)  tweeted an hour after Barbara Bush’s death was announced,

“Barbara Bush was a generous and smart and amazing racist who, along with her husband, raised a war criminal. Fuck  outta here with your nice words.”

Later, she added that she was happy that George W. Bush was probably sad that his mother had died, and…

“PSA: either you are against these pieces of shit and their genocidal ways or you’re part of the problem. That’s actually how simple this is. I’m happy the witch is dead. Can’t wait for the rest of her family to fall to their demise the way 1.5 million Iraqis have.”

After her ugly Twitter hate-storm tweets generated more than 2,000 critical replies, the professor posted a phone number suggesting that it was a way to reach her. No, it was really the number of a  crisis and suicide prevention center, causing their phones to be swamped.Tweeted Eugene Gu, MD, a pediatric surgeon,

“Replying to @randajarrar. Your freedom of speech does not entitle you to have all these people spam an actual mental health crisis line. Please stop,”

This completely gratuitous embarrassment to CSU Fresno caused the president of the school to respond with a public statement, also via Twitter: Continue reading

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Filed under Character, Education, Ethics Alarms Award Nominee, Etiquette and manners, Government & Politics, Professions

Clearing Up A Matter Of Widespread Confusion: How Lawyers Acquire Accidental Clients

When I pointed out this morning that by Sean Hannity’s own description of his relationship to Trump fixer Michael Cohen, he was Cohen’s client, several commenters protested, including a lawyer or two. This suggests that many more were similarly confused, and it is no surprise. A disturbing number of lawyers fall into the trap of acquiring “accidental clients.” There are many ways this can happen, but the most insidious of them is this, which people like me constantly and repeatedly warn lawyers about, often to no avail.

A relative or a friend approaches you, a lawyer, at a party. He or she asks you a question about some legal issue, and you give an off-the-cuff answer. Because you are a lawyer, and because you gave advice, however vague, that individual accepts it as a free legal opinion, and also assumes that the conversation was confidential. Usually nothing happens. Sometimes, however, the friend or relation acts based on your advice. If the results turn out badly, he or she may sue for malpractice, and sometimes will win damages. In an infamous case that is still good law, an individual went to a medical malpractice specialist to engage him to sue a hospital. After describing the facts, the potential client was told, “You have no case,” and informed that the lawyer would not accept the representation. But the individual relied on that statement, and didn’t bring a suit until the statute of limitations had run. Then he learned, from another lawyer, that he did have a valid case, though one he could no longer pursue. The first lawyer was sued for malpractice, and the court found that indeed “You have no case” constituted legal advice, and the advice was relied upon, meaning that an attorney-client relationship had been formed. Continue reading

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Filed under Journalism & Media, Law & Law Enforcement, Professions

Morning Ethics Warm-Up, April 13, 2018: Past, Present, And Future

Happy Morning, everybody!

1. On the Future News front…The Michael Cohen raid has prompted a new outbreak of this particularly odious journalism and punditry trend: writing hysterically about what might happen. I spend so much time telling my wife that it is absurd and self-destructive to spend energy and emotion on dire “what if?” speculation, when sanity only reigns when we deal with what happens, when it happens, and not freak out because it might happen. Reinhold Niebuhr’s Serenity Prayer isn’t just for alcoholics, you know:

“God grant me the serenity to accept the things I cannot change;courage to change the things I can;and wisdom to know the difference. Living one day at a time;enjoy ing one moment at a time; accepting hardships as the pathway to peace…”

The news media, however, pummels us with dire future news to undermine serenity, create fear, encourage anxiety, distrust, panic and hysteria. All the better to undermine President Trump, after all.

MSNBC’s Joy Reid, for example, admittedly one of the worst of the worst, speculated about what might happen should the president refuse to allow himself to be arrested by federal marshals. Note that there is no evidence that there is anything to arrest him for, but never mind. This is Future News. “What if he refuses to open the White House door? What if he fires any Secret Service agent who would allow the federal marshals in? What if Donald Trump simply decides, ‘I don’t have to follow the law? I refuse to be held under the law. No marshal can get into this White House and any Secret Service agent who defies me is fired,'” she asked.

Today I am reading that Michael Cohen might have incriminating tapes of Donald Trump saying incriminating things. Yes, and he might have 12 toes and three nipples, too. Cohen apparently surreptitiously taped some of his conversations. Now, it is true that Cohen is a uniquely sleazy lawyer, but surreptitiously taping a client is a serious legal ethics breach that would pretty much end his career, not to mention his bar license, it it were proven. Never mind though: what if he taped Trump having sex with a marmot? What if he taped the President speaking Russian?

What might happen isn’t news. There are exceptions, but extensive concentration of speculation and projections, as with the Russian investigation coverage, is misleading and unethical journalism.

2. Incompetent prosecution to the rescue! For some reason, Bill Cosby’s prosecutors, allowed to choose from the more than 70 alleged victims of the serial sexual predator a representative five to show his  modus operandi that victimized Andrea Constand, chose Janice Dickinson, an aging ex-model, huckster, reality show star and publicity hound with the approximate trustworthiness and credibility of Stormy Daniels. Continue reading

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Filed under Character, Ethics Dunces, Gender and Sex, Journalism & Media, Law & Law Enforcement, Professions, Quotes, Religion and Philosophy

From The “Nation Of Assholes” Files: Now President Trump Has Driven The Sociologists Mad

That fake tweet above? It was created by the Southern Sociological Society as promotion for its conference this week. It is also, amusingly, accurate. Based on the conference, titled “Racial Theory, Analysis, and Politics in Trump America,” you can’t trust sociologists any more. Like so many other professional, including among them historians, lawyer, journalists, educators, ethicists and psychiatrists, this group has decided to abandon professional ethics and standards of objectivity and civility for juvenile virtue-signaling and partisan name-calling.

At first I thought this was an Onion parody. From Campus Reform:

…The conference program features two full-color illustrations that crudely depict the President as a baby, six sketches employing similar themes, and nine satirical presidential tweets (each of which comes with a disclaimer alerting the sociologists that it is “not an actual tweet”). The front cover shows the president as a grotesque and overweight infant, sitting in a soiled diaper on top of an image of hooded Klansmen while playing with missiles and nuclear bombs. His outstretched left arm, replete with a tiny hand, may be an attempt to depict him performing the Nazi salute.

A cross superimposed on a series of concentric circles appears above the word “Trump” in the conference title, suggesting the crosshairs on a rifle site…The back cover depicts a similarly-styled Trump, this time with his diaper sagging down and kneeling in a pool of urine inside his crib. Black and white sketches scattered throughout the program, meanwhile, depict Trump in various other unflattering ways, with one showing him urinating on the floor while holding what appears to be a balloon labeled “WW3,” while another drawing portrays him smashing the EPA and healthcare.

The conference schedule indicates that there will be 32 workshops, papers, lectures, discussions, and other sessions that explicitly deal with Trump, including a discussion about “Approaching Resistance to TrumpAmerica” and a session on “How to Talk About Current Events in the Classroom in the Age of Trump without Getting Fired.”

Some sessions, such as “Organizing a Campus-Wide Social Justice Event,” appear to advise professors on how to use their positions to influence campus politics. Continue reading

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Comment Of The Day: “No Wonder We Can’t Communicate With Each Other Or Have Coherent Debates: We’re Culturally Illiterate”

[I’m using this morning to post some important, backlogged Comments of the Day. Today’s Warm-Up will be after noon, if all does according to plan.]

Keith Walker registered a fascinating reflection on his experiences as a teacher in response to the post regarding the decline of cultural literacy. I do take umbrage at his categorization of my commentary about public school’s ongoing failure as “ranting” and his implication that I have designated teachers as “useless.” If I have criticized teachers and administrators, it has always been based on specific conduct. In Alexandria, VA., I had to pull my son out of one public school, a Catholic school and two private ones upon observing exactly the kind of incompetence, bias and abuse I have written about over the past eight years.  Indoctrination, child abuse, incompetence and sexual predation in the schools are real, and teaching is still a “profession” without codified ethics standards. Dedicated, smart, competent teachers are heroic, but their existence does not make my criticism and analysis less valid or less urgent.

Here is Keith’s Comment of the Day on the post, “No Wonder We Can’t Communicate With Each Other Or Have Coherent Debates: We’re Culturally Illiterate”

As one of those useless public school teachers so often ranted about in this space, I want to rise to the occasion here and, if not defend our profession, at least offer my take on things over my 31 years in the business.

I was a fairly new teacher when Hirsch’s book came out. I thought then that it was a silly tome, written from the perspective of a grumpy old man. I still don’t hold much respect for it, though I have become a grumpy old man myself. Who gets to decide what’s important cultural literacy? (Yes, I am about to say something like “it’s always been old white guys…”) I wonder if someone else had written that book if it would have contained different things?

But since 1988 several things have happened to make teaching these important things virtually impossible, the internet and standardized testing being two major ones. Yes, I know that standardized testing has been around for many decades; I remember taking the MEAP (Michigan’s state test) when I was a small boy in the 70s. But in the 70s test scores were not blasted across the front pages of newspapers everywhere, and politicians were not decrying our “failing public schools” and telling everyone that privatization and profits would be a much better plan for education.

The pressure on schools, teachers, and students to “succeed” on these tests is ridiculous, and it has gotten to the point that if it can’t be measured, we don’t have time to teach it. And everything is measured. As a music teacher I am happy to have a job any more; much of my curriculum isn’t “measurable” to a certain extent, and it certainly isn’t required for success in life. But I digress… Believe me, if Cromwell was going to be on the ACT, SAT, or AP History exams, you can bet he’d be talked about in schools. It’s all about competition, and everyone is fearing for jobs, funding, and students as we move to a market-based system of educating our next generations, and the members of that generation all want to get a 7.0 GPA and get into Harvard (starting as freshmen with 75 credits due to all of their AP test scores), and the way to do it is to excel on those tests. It’s fairly terrifying. Continue reading

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Filed under Childhood and children, Citizenship, Comment of the Day, Education, Government & Politics, Professions, U.S. Society, Workplace