Heeeeeeeeeere’s JOHNNY’S BETRAYAL!!!!

henry_bushkin_johnny_carson

Lawyers are forbidden by the ethics rules of their profession in every state from divulging the secrets of their clients, their former clients, or even their dead former clients, except in the rare circumstances when doing so will save a life or prevent a crime, and often not even then. Client confidences include all information a lawyer learns about a client in the course of the representation whether or not it is germane to the representation or not, if the client would be embarrassed by the information or would want it to remain secret.

The duty to maintain client confidences goes to the core of the professional relationship between citizens and their lawyers, and any attorney who breaches it not only harms his or her client but undermines trust in the entire profession as well. So sacrosanct is the duty that a Massachusetts court agreed with the Fall River law firm that represented Lizzy Borden in her famous murder trial, when Lizzy’s heirs tried to force it to reveal whether she did, in fact, “give her mother forty whacks” (and her father forty-one) with an ax, that it could not reveal Borden’s secrets even in the interests of history.  The firm, said the court, was quite correct: Miss Borden hired it based on its lawyers’ assurances that her secrets were safe with the firm forever, and to allow otherwise now, even a century after the crime, would betray her trust and undermine the profession’s integrity. The Massachusetts Bar agrees.

So how can it be that Henry Bushkin, for decades the late Johnny Carson’s personal lawyer and thus charged with keeping the secrets of the famously reticent comic’s personal life, is now publishing a tell-all book filled with juicy stories about his conveniently dead client? Continue reading

How Partisanship Makes Pundits Untrustworthy

Healthcare down

Ezra Klein is a relentlessly progressive Washington Post reporter. He’s obviously also a smart guy, and it is a shame that he has allowed his total immersion into pro-Democratic politics render him incapable of seeing current events in  anything but political combat terms. But that is what he has become, and as a result, his analysis of any issue must be considered pre-poisoned by the lack of any objectivity, and a rooting interest in “his side.”

Here is an instructive paragraph from his Post blog, in a post that was also re-written slightly as a column this weekend. He was nominally criticizing the Obama Administration’s Affordable Care Act website:

But the Obama administration did itself — and the millions of people who wanted to explore signing up — a terrible disservice by building a Web site that, four days into launch, is still unusable for most Americans. They knew that the only way to quiet the law’s critics was to implement it effectively. And building a working e-commerce Web site is not an impossible task, even with the added challenges of getting various government data services to talk to each other. Instead, the Obama administration gave critics arguing that the law isn’t ready for primetime more ammunition for their case.

Amazing, isn’t it? Continue reading

Ethics Dunce: “Saturday Night Live” Cast Member Jay Pharoah

Maya Rudolph being Oprah, being funny, and nothing else should matter.

Maya Rudolph being Oprah, being funny, and nothing else should matter.

In a spontaneous call for more black cast members to be added to NBC’s long-running late-night satire show, “Saturday Night Live,”  veteran cast member Jay Pharoah told an entertainment reporter that he wanted the producers to add actress Darmira Brunson. “Why do I think she should be on the show? Because she’s black first of all, and she’s really talented,” Pharoah said. “She’s amazing. She needs to be on ‘SNL.'”

By logic, rights and justice, Pharoah should be fired for such a statement. He is pushing his show, and therefore his producers and his bosses, into a controversy that they neither want, need, nor deserve. Sure enough, his comments have already ignited debate and commentary in major dailies and in the blogosphere. He can’t be fired, of course—no producer in Hollywood would dare fire a black performer for advocating politically correct causes like diversity and affirmative action, no matter how inappropriate and unfair his comments were—and Pharoah knows that. Breaking reasonable rules of the workplace—criticizing your own boss in public and causing trouble for your employer are pretty basic taboos—because you know you’re immune from punishment doesn’t make the conduct any better.

He’s not the producer, and casting isn’t part of his job. To announce his own candidate for a hire is as outrageous and out-of-bounds as for a Pentagon general to tell reporters who President Obama should appoint as his Secretary of Defense.

Then there is the  statement itself, which in the context of entertainment and show business, is an endorsement of racial bias and discrimination, even more than with most workplace diversity and affirmative action advocacy. “Because she’s black first of all?” First of all must only be “because she’s funny, and the funniest female comic available.” Saturday Night Live’s goal, which it fitfully achieves, is to make its audience laugh. If Brunson is the best performer to accomplish that, then it makes sense to hire her. Her skin color is irrelevant, except to the extent that it opens up comic opportunities for the show. Otherwise, Brunson is pressuring his employers to hire Brunson over  superior white, Hispanic or Asian performers because of some theoretical diversity formula.

The resulting media focus on the imaginary problem to which Pharoah’s comments alluded is full of reflections, names and statistics, but the basic facts are these:

  • Professional performance comedy is completely utilitarian: if a cast entirely made up of black performers of any gender mix could be shown to be the optimum way to get laughs, ratings and make money for the network and SNL’s producers, that’s what we would have.
  • A funny, talented, improvisational skilled black actress has obvious benefits for a weekly satire show, as the reign of Maya Rudolph amply demonstrated.  There is no reason to presume that the producers would not immediately hire such a performer if one was available.
  • The pool of top-rate improvisational comic actors in general isn’t large (if it were, SNL would be funny more often), the pool of such performers who are African-American is much smaller, and the number of female black improvisational comics is tiny. When the African-American Wayans brothers wrote and produced their own satire show (Jim Carrey was the token white), they included only one full-time black female in the cast, and she was their sister (also the weak link in the cast.)

We can argue about the general principle of affirmative action at another time and place, but applying them to entertainment, sports or any field that must be a pure meritocracy is irresponsible and unfair. Saturday Night Live “needs” funny, talented performers who its audience finds funny…like, say, Eddie Murray. It does not need any black performer, male or female, just to have more black performers, and to take away performing and career opportunities from superior performers whose sole deficit is skin color or ethnicity while simultaneously getting fewer laughs and lower ratings.

Oddly, nobody has ever argued that Saturday Night Live discriminates against improvisational comic actors over the age of 35. Only once has it cast an actor of that age—Randy Quaid, in 1985. 1985 was also the most disastrous and unpopular season in the show’s history. Why no middle age or senior cast hires?  The reasons are legion: 1) Improv comedy is demanding physically and psychologically. Few older performers practice it, or are capable of doing it on a regular basis. 2) SNL’s audience is very young (as well as very male and white). Comedy is generational. 3) Older performers are seldom “new faces.” The ensemble’s called the “Not Ready For Prime Time Players” for a reason. 4) Young actors playing older real life figures and comic characters can be funny; old actors playing younger celebrities or characters is seldom funny, and often creepy. Age diversity, in brief, would not improve Saturday Night Live. Diversity is only an asset to the extent that it allows more comic opportunities. The U.S. does not require, not should ikt ask for, a contemporary satire TV show that “looks like America.” What  it needs is a show that is good.

All of which makes Pharoah’s comments irresponsible, unfair, disloyal, and racially offensive.

And not funny.

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Sources: Washington Post, Policy Mic

Graphic: Hello Giggles

Congratulations To Hank Steuver For An Ethically Offensive Sitcom Review….No Small Feat!

"They won't consider aborting their child? That's ridiculous!"

“They won’t consider aborting their child? That’s ridiculous!”

It’s rare to find an ethically offensive TV review, and doubtlessly difficult to write one, but the Washington Post’s Hank Steuver is obviously equal to the task. Wow. My review of his review of the new NBC sitcom, “Welcome to the Family”:

“Yechhh. How Do people end up thinking like this?”

Here is the relevant section of his review:

“My nominee for quickest and most punitive cancellation goes to this facile dramedy about two 40-something couples who must learn to get along because their teenage children — a boy who is a Stanford-bound valedictorian and a girl who is an unfortunate iteration of the clueless blonde stereotype — are suddenly expecting a baby and have decided to keep it. Or perhaps they’re being forced to keep it, because they live in some parallel America in which Roe v. Wade has been fully reversed, thus reducing at least one obvious solution to the dilemma. (Which would, of course, cut the premise off right there; I understand that the point of the show is the pregnancy.) The truth is, these kids do live in a parallel America, the imaginary land of network television, which hasn’t found a way to talk frankly about abortion in the half-hour comedy format since, I don’t know, “Maude”? I’m not at all opposed to the personal choices made by the characters in “Welcome to the Family,” I just wish they’d had the choice to make. The foregone conclusion in the pilot is galling, especially in the scene where the teenagers’ combative fathers are seen chasing after the girl, believing she’s about to get on a rollercoaster.The metaphor is quite blunt: Save the fetus at all costs! (And forget Stanford!)” Continue reading

Now THAT’s Unprofessional!

"911...what is your emergency?"

“911…what is your emergency?”

There are many professions where a whimsical, even a black sense of humor is useful, perhaps essential. If M*A*S*H taught us anything, it taught us that. 911 operator, however, is not one of them.

I say this knowing that I would be dreadful at the job, as I find it hard not to see humor in disasters that befall others, or even myself—-too many Warner Brothers cartoons, perhaps. 911 operators must maintain a cool, calming, respectful demeanor, even when they are being told by a panicked mom that her kid super-glued a rat to his sister, that her home has been invaded by thugs dressed as Muppets, or the house has been engulfed by a flood of molasses. I couldn’t do it.

But then, it’s not my job.

It was the job of the operator on this call, though: Continue reading

The Klan’s Birthday Cake, Individual Boycotts And The Ethics Of Refusing to Give Service To Jerks

"Happy Birthday to You! Happy Birthday to You! Happy Birthday, Dear Racists..."

“Happy Birthday to You! Happy Birthday to You! Happy Birthday, Dear Racists…”

[UPDATE: Apparently, the “news story” that prompted this post is a fake. In that case, I want to thank the hoaxers for  inadvertently sparking a useful discussion—nothing in my post is dependent on the factual nature of the story. I wasn’t the only one fooled, and I originally noted the links on reliable sites. On the other hand, to hell with people who plant fake stories that are not obviously tongue in cheek or satirical: it’s a despicable practice, and abuse of the web, and right down there with public vandalism and creating computer viruses as unforgivable public conduct. I apologize to readers here for misidentifying a false story as true, but I’m not the unethical jerk involved. If anyone knows who that is, please forward their names. I have some choice words for them.]

As I wrote the first time I stuck my ethics big toe into this kind of controversy, I am conflicted over the current trend of forcing certain kinds of service providers to serve customers they just don’t feel like serving. I have consistently come down on the side of the rejected customer, even when the service, as in the case of bakeries and photography salons, edges perilously close to art. I think I am there still, but my resolve is weakening. I think. Let’s look at this again, in the context of the kind of recent case that always eventually occurs when one sits on the slippery slopes.

A three judge panel of a Georgia appellate court recently ruled in favor of Marshall Saxby, the Grand Wizard of a local KKK chapter, after he sued a local bakery for refusing to bake a cake for the KKK chapter’s  annual birthday party. Elaine Bailey, who owns Bailey Bakeries, said she rejected the Klan its activities violated her religious beliefs, and Saxby claimed that Bailey’s refusal of service discriminated against his religious beliefs.

The difficulty with making an ethical call on this case and others like it (and sort of like it, arguably like it or a little bit like it) is that the crucial question in ethics analysis, “What’s going on here?” cannot be answered with certainty or clarity. There are ethical arguments and ethical principles, on both sides, making the issue an ethical conflict (rather than an ethical dilemma). In an ethical conflict, we must prioritize among important ethical principles that are opposing each other.

Let’s answer “What’s going on here?” in some of the various ways this case allows, as if only one of these ethical principles were in play: Continue reading

Celebrity Values: The Good, The Bad And The Ugly

Sprouse-West-Cano

Celebrities have the opportunity to use their disproportionate and sometimes unexplainable fame to pass along good values, priorities and ethical habits to those who admire and follow them. The problem is that the U.S. culture’s current values are in a muddled state, with virtues sometimes being treated as embarrassments, and the enthusiastic embrace of non-ethical goals that once were regarded as the seven deadly sins are now often looked upon as the norm, and even appropriate. Here are some recent events in the strange world of celebrity values:

The Good: This headline on numerous web sources piqued my interest: “Dylan Sprouse Defends Restaurant Host Job.” Dylan Sprouse is a former Disney child star, a long time lead, with his brother, on the long-running “The Suite Life of Zach & Cody,” one of those loud, hyper-frenetic tween comedies that Disney and Nickelodeon acquire from some production company in Hell. Dylan was seen working in a restaurant, and this immediately spawned multiple rumors that he was broke, had blown through his millions, and was, in brief, a pathetic loser….because he has the same kind of job most American twenty-somethings fresh out of college would be thrilled to have.

Thus Dylan, who along with his brother decided to get out of the child star rat-race that has recently put Lindsay Lohan in rehab, Amanda Bynes in a mental health treatment facility and Miley Cyrus naked on a wrecking ball, and start a more conventional life with a college education (at NYU). Sprouse decided to address the weird criticism being sent his way on social media and in the gossip blogs by writing, Continue reading

The Emmys Play Favorites And Undermine Their Mission

Quick, now...and no cheating: Who is this recently deceased TV legend?

Quick, now…and no cheating: Who is this recently deceased TV legend?

Three separate organizations present the Emmy Awards: the Academy of Television Arts & Sciences (ATAS), the National Academy of Television Arts & Sciences (NATAS), and the International Academy of Television Arts & Sciences. Each is dedicated to the television industry, and the award the organizations collaborate to  hand out for excellence are intended to serve multiple objectives. Prime among them is to honor and promote the professionals who bring—in theory, at least, quality entertainment into the homes of Americans. The show itself that broadcasts the awards only exists because of their larger mission, which is to say that the Emmy show exists to support the Emmys, not the other way around. The program’s producers, not for the first time, managed to forget their priorities this year, and are getting well-deserved scorn for it both in and outside the entertainment community.

The offense occurred during Sunday’s live telecast, when the show reached its annual “In Memoriam” segment. The Oscars have botched this crucial part of its own show in recent years by failing to recognize the deaths of important Hollywood figures who deserved their final bow and a last ovation. Emmy found a new and different way to insult its own. The Oscars’ omissions were negligent; the Emmys insult was, incredibly, intentional. It’s just that either nobody realized it was insulting, or, more likely, they knew but had other objectives. Continue reading

Online Review Ethics: Yelp And The Law Firm

"...and so do our own employees!"

“…and so do our own employees!”

Is it professional misconduct for members of a law firm or the non-lawyer assistants for which they are responsible to post fake reviews of their work to a consumer website? I would argue that could be: it is almost certainly deceptive advertising, which is prohibited to a greater or lesser degree in all state ethics codes, and it is dishonest and misleading communications of the sort that has drawn discipline for some attorneys in other circumstances. Whether or not such a slimy, if common practice (at least among other professions, like wrtiting) is sufficient to raise “a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects” will be determined by lawyers themselves, and you would be amazed at what many of them  don’t consider sufficient to do this. I am admittedly extreme on this issue: I don’t think lawyers should lie, and take a dimmer version of even harmless deception than most in my field. This is profession that depends on trust, and the more someone lies—I don’t care about what—the less trustworthy they are.

These issues arise because the online consumer site Yelp appears to have caught employees of the law firm The MacMillan Group posting fake positive reviews about itself, on behalf of fictional clients. Continue reading

More Name Ethics: An Incompetent Judge Blocks An Irresponsible Name

"Mom...Dad! It's your son Messiah!"

“Mom…Dad! It’s your son Messiah!”

Let us stipulate that while  parents in the United States have an absolute right to name their children whatever they please, it one of those aspects of free speech that is often horribly abused by irresponsible, self-centered or just plain dumb parents who treat their children as bumper stickers or social science experiments. Naming your boy “Sue,” (You know) or your daughter “North West,” (Kanye West) or your daughter “Fifi Trixibelle” (Bob Geldof) is unforgivably and gratuitously cruel, virtually guaranteeing that your child will be a target, a head case, or will change his or her name the second legal majority comes around. Nonetheless, the state doesn’t raise children in America—yet—and parents can still decide what they wear, watch, learn and eat, as well as the name they have to answer to. The operative term is “free country.” Many of our fellow citizens don’t like or understand that concept, which is also their right in a free country. Judges, however, must not only understand the concept but constrain their power by it.

This is why Cocke County (Tennessee) Child Support Magistrate Lu Ann Ballew needs to be a) removed from her job and b) set on a more appropriate career path, like say, taking tolls in a tunnel or orders at Papa John’s. She ruled—it doesn’t matter how or why this came about—you can read the ridiculous story here-–that the parents of a baby couldn’t name him “Messiah,” because, she said in an interview with a reporter whose mouth had to be surgically closed afterward, “The word ‘Messiah’ is a title, and it’s a title that has only been earned by one person – and that one person is Jesus Christ.”  Continue reading