Professions

The Wholly Ethical “Cancellation” Of Ryna Workman

/ Jack Marshall / 6 Comments

Many NYU law students are indignant and outraged that Chicago-based super-firm Winston & Strawn has withdrawn its offer of employment to Ryna Workman. As president of NYU Law’s Student Bar Association, Workman issued a statement stating that “Israel bears full responsibility” for the long-planned terrorist attacks that left more than 1,300 Israeli citizens dead, including at least 30 Americans.

The law firm had every right and many valid reasons to reconsider its offer to Workman, who had worked at Winston & Strawn as a summer associate. In a statement, the firm said her comments “profoundly conflict” with the firm’s “values.” Yes, that, and there was also a substantial likelihood that having a terrorism-celebrating associate would cost the firm clients as well as risking tension among other firm lawyers. I would add that as a potential client, I would question the judgment of any law firm that would hire someone who showed such a reckless disregard for history, facts, and the impact of inflammatory rhetoric.

Like demented lemmings, other anti-Semites, race-baiters and critical thought-deprived NYU students issued a letter supporting Workman and condemning Winston & Strawn. The firm’s decision is an instance of the “systemic, concentrated violence” Workman has experienced since issuing her anti-Israel screed, the letter claims. That’s novel: deciding not to hire someone is “violence”! The letter’s signatories, including the Black Allied Law Students Association and the Women of Color Collective, declare that NYU is complicit “in the abuses of the Israeli government,” and condemns “the broader NYU administration for not protecting Ryna as a student and important member of our community.” How exactly can any school protect a loud-mouthed student from the consequences of her own foolishness? Oh never mind: people who reason like Ryna and her fans are always victims, and nothing is ever their fault. This is also a good reason not to hire her….or her defenders.

Continue reading →

How Can Parents Be Expected To Trust Schools And Teachers When This Could Happen?

/ Jack Marshall / 11 Comments

I’m not referring to the sexual predator teachers who deflower boys, or the LGBTQ indoctrinaters who see it as their mission to initiate kids into the joys of alternate sexuality, or the social justice warriors who teach kids to hate whites, the Founders, and the United States of America, or even the teachers whose intellectual skills, judgment and knowledge base better qualify them for work at a bait shop than in a Kindergarten-12 school.

No, the topic today is the Miami Springs math teacher employed by The Academy of Innovative Education, a charter school, who showed his fourth grade class of 9-year olds “Winnie the Pooh: Blood and Honey,” the trailer for which you can see above, if you dare.

You know. Math.

The so far unnamed teacher showed the class about 30 minutes of the horror movie. His defense was that the class chose it, probably misled by its title. I suppose he also would have shown the kids “Piranha 3DD” or “Looking for Mr. Goodbar” if they asked for those films.

Continue reading →

The Amazing Trevor Bauer Ethics Train Wreck: It Has Everything: #MeToo, Kinky Sex, Ethics Zugzwang, Predatory Women, ‘Guilty Until Proven Innocent,’ “The Asshole’s Handicap,” Legal Ethics And Baseball! [Part I: The Story] (Updated And Corrected)

/ Jack Marshall / 22 Comments

This story broke a couple of days ago, and readers have been chiding me for not posting on it. I must admit, I was stalling, because it is a total mess that will take two major posts to unravel, and to cap it all off, my baseball posts don’t attract enough interest to meet the time/reward minimum. Nevertheless, this disaster raises major ethical issues. Ignore at your peril.

1. Background: Trevor Bauer: I have written a great deal about Trevor Bower, a talented Major League starting pitcher who, somewhat like Curt Schilling (recently discussed here), had a well-earned reputation for being an eccentric, and kind of a jerk. Bauer was also Donald Trump-like on social media, with similar, if more narrowly focused, results.

He once knocked himself out of a crucial post-season start by cutting a pitching hand finger playing with a drone (he loves drones). In 2018, while pitching for the Cleveland Indians, Bauer appeared to carve “BD 911” into the pitching mound during a game. That has been Truther short-hand for “Bush Did” the 9-11 bombings, and Bauer was widely criticized for the stunt. He then angrily denied that the message meant anything political, but never explained what it did mean. This also did not make him popular in a sport that is branded as patriotic and embodying core American values. In 2019, a sportswriter started claiming that Bauer’s tweets made him a “problem” because he had a contentious exchange with a female Twitter user. He was accused of harassment. It wasn’t harassment, but a pattern was set that eventually bit Bauer, hard.

In 2019, after allowing seven runs, Bauer threw a baseball over the centerfield wall after seeing his manager Terry Francona come out of the dugout to remove him from the game. Bauer apologized profusely, but it was the final straw for Francona, and the Indians traded him. Bauer was among the most vocal critics (and one of the few player critics) of the Houston Astros’ cheating scandal (see here), and cheating in baseball generally. This is also not the way to be popular in the clubhouse. In 2021, MLB announced that umpires would be checking the balls more carefully and regularly to ensure that the rule against doctoring pitches wasn’t being violated. The first pitcher to have his thrown baseballs collected for inspection based on suspicion of doctoring was…Trevor Bauer, Anti-Cheating Crusader. Bauer reacted sarcastically to the report on his Twitter account, and noted that many baseballs were being collected from games across baseball, not only from him. I wrote that this was an ethics red flag for me, as was his reaction when baseball announced the new policy, saying that there would be no way to determine who doctored the balls.

Luckily for Bauer, the SOB can really pitch. In the shortened season of 2020, Bauer won the National League Cy Young Award as one of the two best pitchers the Major Leagues. The King’s Pass reigns supreme in baseball (as in other sports): if a player is good enough, he can get away with almost anything. Almost. The Dodger signed Bauer to a rich, three year contract.

2. The Scandal. Bauer had a much larger scandal coming. A restraining order was taken out against him in late June of 2021 by a former sex partner. The woman claimed she had what started as a consensual relationship involving rough sex with the pitcher, but in a 67-page document, alleged that Bauer assaulted her on two different occasions, punching her in the face, vagina, and buttocks, sticking his fingers down her throat, and strangling her to the point where she lost consciousness twice, an experience she said she did not consent to. After the second choking episode, the woman claimed she awoke to find Bauer punching her in the head and face, inflicting serious injuries. She contacted police, and an investigation of Bauer by the Pasadena, California police department began.

Baseball, which had made the NFL and the NBA look bad (they are bad) by cracking down on domestic abuse by players, placed Bauer on indefinite “administrative leave” although her allegations were unsubstantiated. At the time, I wrote,

Continue reading →

Comment Of The Day: “Ethics Quiz: The Rehabilitated Brain-Eating Cannibal”

/ Jack Marshall / 9 Comments

I did not, when I decided that the saga of Tyree Smith justified an ethics quiz, foresee that the story neatly dovetailed into a larger theme covered extensively by ethics alarms of late, the untrustworthiness of “experts” and the danger of blindly accepting their pronouncements, influenced as they too often are by ideological biases and political agendas. Longtime commenter Michael R., however (3, 425 comments since October 26, 2012!) managed to connect the dots.

Here is his Comment of the Day on the post, “Ethics Quiz: The Rehabilitated Brain-Eating Cannibal”:

***

This is why it is time to remove the monopolies these professional groups have on essential services. The psychiatrists and psychologists have a monopoly on confining people for mental illness and, in this case, releasing the criminally mentally ill. How many times have they failed in this? James Holmes (above), the 2012 Aurora, Colorado movie theater shooter, is a good case in point. He had been banned from seeking psychiatric help because he was deemed too dangerous, but the very establishment that deemed him too dangerous to be around THEM, refused to sign papers that would let the police involuntarily confine him. At least they successfully determined he was a danger to those around him, they just refused to help the general public. We have them pushing puberty blockers and surgical sterilization on children with no evidence this will help. In fact, the actual ailments they suffer from were probably caused by the very ‘experts’ that get to decide the ‘treatment’.

Let’s look at medicine next. The medical associations regulate themselves and are calling for ideological conformity in all physicians. Anyone who disagrees about COVID masks, vaccinations, DEI, affirmative action, etc can’t be a physician. Pharmacists can refuse to fill prescriptions if they don’t agree with the physician’s treatment, or diagnosis, or they think the person looks sketchy. Medicine is an essential service. We can’t have such groups dictating if we can get care or not.

Continue reading →

Meatball’s Lawyer’s Infuriating Excuse For Her Client’s Role In Philly’s Looting Spree: Yes, It’s Unethical, But Not For The Reason You Might Think

/ Jack Marshall / 6 Comments

[Unlike the previous post, I remembered to attach the statement I’m writing about in this one. The Bowman update now has the missing information, thanks to Old Bill who reminded me this morning that I’m a moron ]

Following close on the metaphorical heels of Rep. Bowman’s ridiculous excuse for setting off a fire alarms to delay a vote in Congress yesterday (‘Oh THAT’S what a fire alarm looks like! Who knew?’) comes the equally ludicrous statement of Jessica Mann, the criminal defense attorney for Dayjia Blackwell who represents the 21-year-old Philadelphia “influencer” known as “Meatball.”

Blackwell was arrested and charged with burglary, conspiracy, criminal trespassing, rioting, criminal mischief, criminal use of communication facility, receipt of stolen property and disorderly conduct. This seems fair, as she not only livestreamed the destructive rioting and looting that took place for two days in Philadelphia last week, but encouraged her fans to participate, and took part in the crime spree herself, announcing what she had stolen in the video feed. Then, after her arrest, she begged her fans to donate money for her bond (she told her 196,000 followers, “All I want to do is go treat myself” and plugged her Cash App handle) then quickly had T-shirts, hoodies and other items made using her mugshot above— and thanks, Donald Trump, for creating this obnoxious new trend. Those are selling briskly. “Remorse” does not seem to be part of her defense—-nor innocence, since she’s on video doing everything she’s charged with.

Despite all this, lawyer Mann posted on Instagram…

Continue reading →

An Invitation To Be An Unethical Lawyer…

/ Jack Marshall / 7 Comments

Just as I was preparing yesterday for today’s 3-hour legal ethics CLE seminar (which, coincidentally, contained a section about the unsettled status of lawyers using artificial intelligence for legal research, writing and other tasks in the practice of law), I received this unsolicited promotion in my email:

Let’s see: how many ways does this offer a lawyer the opportunity to violate the ethics rules? Unless a lawyer thoroughly understands how such AI creatures work—and a lawyer relying on them must—it is incompetent to “try” them on any actual cases. Without considerable testing and research, no lawyer could possibly know whether this thing is trustworthy. The lawyer needs to get informed consent from any client whose matters are being touched by “CoCounsel,” and no client is equipped to give such consent. If it were used on an actual case, there are questions of whether the lawyer would be aiding the unauthorized practice of law. How would the bot’s work be billed? How would a lawyer know that client confidences wouldn’t be promptly added to CoCounsel’s data base?

Entrusting an artificial intelligence-imbued assistant introduced this way with the matters of actual clients is like handing over case files to someone who just walked off the street claiming, “I’m a legal whiz!” without evidence of a legal education, a degree, or work experience.

On the plus side, the invitation was a great way to introduce my section today about the legal ethics perils of artificial intelligence technology.

More On The Fake Defendant Ploy

/ Jack Marshall / 4 Comments

Yesterday’s post about the lawyer facing disciplinary charges for secretly having someone else pretend to be her client in a hearing that would involve an alleged victim of a hit-and run identifying the defendant in court sparked references to Perry Mason and “Better Call Saul’s” central unethical lawyer using the same trick. I’ve also included a discussion of this tactic in my ethics orientation presentation for new bar members for many years. As some commenters pointed out, in court IDs where the alleged perpetrator of a crime is sitting next to the defense attorney at defense counsel’s table are inherently unfair. Courts have pointed this out too. The “fake defendant” ploy has been justified as avoiding that problem.

However, it isn’t nice to fool the judge. If a lawyer suspects that an alleged victim can’t identify his or her client and will point at anyone in the chair next to defense counsel, having someone who might resemble the defendant (or not) sit where the defendant would be expected to sit while the real defendant sits elsewhere in court might be permitted, but the judge has to be told about the plan and asked to approve it in advance. Not doing so almost guarantees a criminal contempt citation for the lawyer, maybe a mistrial, and eventual bar discipline. In addition, the lawyer cannot and must not refer to the fake defendant as his or her client by word or body language other than having the individual sitting at the lawyer’s table. Most jurisdictions have rules limiting who sits at counsel tables; that’s why Perry Mason’s ploy of using Della, his loyal legal secretary, to confuse the witness might have been at least legal in Los Angeles when he tried it.

Continue reading →

Now THAT’S An Unethical Lawyer…And An Ethics Dunce Too!

/ Jack Marshall / 12 Comments

Lawyer Nicolle T. Phair of Sanford, North Carolina was representing a client in an alleged hit-and-run accident in Lee County, North Carolina, and thought she had an idea for a strategem worthy of Perry Mason. At a hearing, the victim of the accident was going to be asked to identify the defendant, Phair’s client. Shortly before the hearing began, the attorney asked her client to step outside the courtroom. She then went to another courtroom and asked a party in a civil case to “do her a favor.” The favor was to stand beside her in court in the hit-and-run hearing so the victim might identify the wrong man as the driver. Instant reasonable doubt! Brilliant!

Continue reading →

Ethics Dunce (But We Knew That): The American Bar Association

/ Jack Marshall / 21 Comments

The ABA’s House of Delegates this week approved a resolution urging law schools to give either academic credit or monetary compensation to their students who serve as editors of law reviews or other academic journals. This is right in line with the logic that has college football and basketball plantations paying their student athletes, who already are getting scholarships and often diplomas they couldn’t justify based on their academic skills. Paying or otherwise compensating students who serve as law journal editors is just as reasonable, which is to say that it isn’t reasonable at all. In fact, the proposed practice, which some law schools already embrace, is unethical.

Reuters, in its news article about the ABA’s most recent intrusion into matters they ought to steer clear of, inadvertently explains why this concept is wrong-headed. It notes that these positions are “sought-after credentials that can bolster a law student’s job prospects.” Exactly, which means that students would gladly pay the law schools to get them. Being appointed as a law journal editor is its own reward: why should the recipients be paid for it too? Indeed, if the ABA’s reasoning applies, why only the editors? The other members of the law journals staffs are also providing valuable services to the school, its alumni, and the legal profession. They should be paid as well, or, to put it another way, none of the law journal staff should be paid, including the editors, just as student athletes shouldn’t be paid.

Continue reading →

Unethical Headline Of The Year (So Far): Conservative Website “Hot Air”

/ Jack Marshall / 13 Comments

Ugh.

How disgraceful. Here is the headline: “Clarence Thomas must resign because he went on vacation or something.” Despicable.

Justice Thomas, the most extreme conservative jurist on the U.S. Supreme Court, already, in the assessment of Ethics Alarms, has been shown to have engaged in unethical judicial conduct by raising a flaming appearance of impropriety with his acceptance of lavish junkets from an activist conservative billionaire and his failure to report them. The verdict here in April was that Thomas is obligated to resign, and that is still the verdict. His inexcusable conduct not only undermines his own credibility but the credibility and legitimacy of the entire Supreme Court.

But now, there is evidence that Thomas’s conduct was even worse than what was reported last Spring. From Pro Publica:

A cadre of industry titans and ultrawealthy executives have treated him to far-flung vacations aboard their yachts, ushered him into the premium suites at sporting events and sent their private jets to fetch him — including, on more than one occasion, an entire 737. It’s a stream of luxury that is both more extensive and from a wider circle than has been previously understood. Like clockwork, Thomas’ leisure activities have been underwritten by benefactors who share the ideology that drives his jurisprudence. Their gifts include: At least 38 destination vacations, including a previously unreported voyage on a yacht around the Bahamas; 26 private jet flights, plus an additional eight by helicopter; a dozen VIP passes to professional and college sporting events, typically perched in the skybox; two stays at luxury resorts in Florida and Jamaica; and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast. While some of the hospitality, such as stays in personal homes, may not have required disclosure, Thomas appears to have violated the law by failing to disclose flights, yacht cruises and expensive sports tickets, according to ethics experts. Perhaps even more significant, the pattern exposes consistent violations of judicial norms, experts, including seven current and former federal judges appointed by both parties, told ProPublica. “In my career I don’t remember ever seeing this degree of largesse given to anybody,” said Jeremy Fogel, a former federal judge who served for years on the judicial committee that reviews judges’ financial disclosures. “I think it’s unprecedented.”

Jeez, I hope it’s unprecedented! The degree of arrogance and dunder-headedness that led Thomas to do this is astounding. He’s known he’s had a target on his back since he was nominated for SCOTUS; he knows, or should know, that he is going to be scrutinized for missteps like no other Justice in the Court’s history. For Thomas to accept such trips and luxuries from parties who stand to benefit from the results of the Court’s deliberations is as irresponsible for a controversial Supreme Court Justice as it would have been for Jackie Robinson to secretly run a numbers game while he was playing for the Dodgers.

Continue reading →