Professions

Online Review Ethics: Yelp And The Law Firm

/ Jack Marshall / 7 Comments
"...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

/ Jack Marshall / 19 Comments
"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 →

Cher’s Ethics Tweets

/ Jack Marshall / 14 Comments

Lan 159

Earlier this week, Cher used her interview with USA to take some well-aimed pot-shots at Miley Cyrus’s universally loathed “twerking” antics on the MTV Awards show. She said of Cyrus

“”I’m not old fashioned. She could have come out naked, and if she’d just rocked the house, I would have said, ‘You go, girl.’ She could have come out naked, and if she’d just rocked the house, I would have said, ‘You go, girl.’ It just wasn’t done well. She can’t dance, her body looked like hell, the song wasn’t great, one cheek was hanging out. And, chick, don’t stick out your tongue if it’s coated. If you’re going to go that far, then think about it before you do it.“

These are wise words from a veteran and proven performing star to a young one on the way up, or heading for a crash. Essentially, Cher is stating the principles of professionalism: whatever you do, do it right, do it well, and respect your constituency. Cher has the bona fides to offer such an opinion since she has stretched the lines of sexual propriety on stage more than once, but it was always used as an additional enhancement on the way to her “rocking the house.”

The legendary pop diva was apparently surprised that her comments became a one-day sensation on the gossip websites and cable entertainment shows, and  had second thoughts about them, which she communicated in a couple of tweets to the Twitterverse. In Cher-ese, they are all about ethics:

Chers Tweets

Translation: Continue reading →

The Authority Trap: Elizabeth O’Bagey’s Three Ethics Strikes

/ Jack Marshall / 14 Comments

Woman-pulling-off-a-mask

It is not, you see, enough to have a good idea, an original argument, or a brilliant solution.There must be reason for important people, people who make decisions that affect lives, to pay any more attention to you than they do anyone else who claims to have such things, because its is often difficult for even intelligent and experienced individuals to distinguish genius from well-expressed garbage. There must be something that elevates that unique and valuable perspective you bring to a problem above the swirling mess and noise generated by the blabbering and shouting competition, and the thing is, if you really have a valuable perspective to contribute, you owe it to not just yourself, but to your country, even humanity.

There is one asset, if you are otherwise unknown, that will provide that elevation besides the inherent virtues of your brilliant idea, and that is authority...a book, a connection everybody knows and respects, or, perhaps most of all, academic credentials. And there are two things that will make it impossible to raise your special contribution above the throng, and they are a conflict of interest, and a reputation for hiding the truth. These are the murderers of trust.

This brings us to the strange case of Elizabeth O’Bagy, a senior analyst at the Institute for the Study of War, who managed to get the Wall Street Journal to publish her analysis of the civil war in Syria, and her conclusions, based, we were to assume, on her study, analysis and time in the country, regarding the benefits of U.S. employment of military force in the region. Continue reading →

Disaster Ethics: The D.C. Naval Yard Shooting

/ Jack Marshall / 32 Comments
Twelve dead? This is great---we can make another push for gun control!!!"

“Twelve dead? This is great—we can make another push for gun control!!!”

About 10 minutes from where I live, unidentified gunmen have killed 12 people (one of the gunmen is also dead) in an unexplained rampage. The facts are still being sorted out, and at least one shooter is still at large as I write this, but already two predictable examples of unethical disaster and crisis response have been on display:

1.  Reflex anti-gun tragedy exploitation

Apparently from now until the Second Amendment is but a distant memory, some Democratic politicians and anti-gun zealots will use every gun-related tragedy as a springboard to lobby for more regulations, and the facts be damned. At this point, we have not been told why the attack took place, who the shooters were, whether it was a terrorist act or not, whether the killers were Americans, whether or not the weapons were obtained illegally and what kind of guns they were. Never mind: interviewed on the radio, D.C. Delegate Eleanor Holmes Norton, Congress’s non-voting member, immediately pointed out that with all the guns that are available in this country, it should be no surprise to anyone that tragedies like this occur. I’m sure she would have liked to have been able to claim that global warming also played a part, except that it is a cool day in Washington. Continue reading →

Ethics Quiz: Photojournalism And The President’s Meaningful, Meaningless Bowed Head

/ Jack Marshall / 24 Comments

Putin and Obama

I am looking at a black and white AP photograph re-published from the Washington Post’s front page on September 7. It is similar to the one above, taken seconds before it, and from straight on rather than an angle. That photo, like the one above, shows Vladamir Putin, joining the other attendees at last week’s Group of 20 summit for their formal group photo, but in the one I am looking at Putin is striding across the group to the end of the line, eyes forward, as the rest look on. President Obama alone is standing head bowed as Putin passed, while the other leaders look forward. Unlike the photo above, Obama’s bowed head appears to be in reaction to Putin, but not an effort to listen to something the Russian leader is saying or has said, which is how I would interpret the photo above. The photo above seems relaxed and collegial; the one I am looking at depicts tension. [UPDATE 9/21: A much closer version of the photo is question can be seen here.]

That photograph prompted these criticisms from two Post readers over the weekend.

Mary-Anne Enoch wrote in part…

“I was upset by the photo chosen for the Sept. 7 front page, showing the assembly of the Group of 20 leaders for their traditional “family photograph.”
In that photo, Russian President Vladimir Putin is confidently striding across a stage while others are smiling and probably paying no attention to him. Except for President Obama: In sharp contrast to the rest, he appears to be subservient, shrunken and diminished. His stance reminded me of Forest Whitaker’s portrayal of a long-serving White House butler in a recent movie….it is outrageous that The Post should have selected [ the photo] to accompany an article on the very important and delicate negotiations involving the United States, Russia and Syria.”

Reader Charlotte Stokes had a similar reaction:

“Surely, the wire-service photographer took dozens of pictures, including at least one when the Group of 20 leaders formally posed. So why did The Post choose this one to grace the front page? The photo presented our president in a less-than-honorable light. Given the challenges he faces internationally, why cast doubt on his abilities by sending subliminal messages of this kind?”

[I recognize that it would be better if you could see the actual photo rather than read my description of it accompanied by one that is similar but not quite the same. Interestingly, the Post appears to have purged the picture I am writing about from its website: it does not even use it to accompany the letters about the photo, which it normally would, and which good practice would demand. The photo above, which was widely used by other sources, is the closest I could find, other than the print version that was in my Post on Saturday. If someone can find the actual photo and send me the link, I’d be very grateful.]

Here is your Ethics Alarms Ethics Quiz to kick off what promises to be an ethically alarming week, on the always tricky topic of photojournalism:

Was it unethical for the Post have prominently run a photograph that presented President Obama in an unfavorable, arguably subservient or weak posture? Continue reading →

Baseball Ethics And The Pitcher’s Fake Challenge: It’s All About Yu

/ Jack Marshall / 19 Comments
Pitcher Yu Darvish plays Lucy...ethical?

Pitcher Yu Darvish plays Lucy…ethical?

Texas Ranger ace Yu Darvish, in addition to being the only Japanese-Iranian major league baseball player and an Abbot and Costello routine come to life (“Who won the game?” “Yu did!” “Who did? “Not Who, Yu!”  “Me?” “Not you…Yu!” ), is apparently something of a trickster. In Saturday’s crucial game between the Rangers and the Oakland A’s, Darvish was facing A’s slugger Josh Donaldson, who had earlier in the season accused Darvish, a true flame-thrower, of being afraid to throw him his fastball. Darvish took up the challenge and as he prepared to throw his pitch to the Oakland thirdbaseman, shouted, “Fastball!” This, in the tine-honored traditions of the game, means that a pitcher is telling a batter that he can’t hit his best pitch, even when he knows what’s coming. It means, literally, “OK, hot shot, see if you can hit this, ’cause I’m throwing it right past you!”

Then Darvish threw Donaldson a curve.

The ruse didn’t work, for Donaldson got a hit. Still, Oakland’s dugout erupted, as the A’s expressed their belief that this was “bush league,” meaning an act consisting of unprofessional and unsporting conduct not specifically prohibited by the rules but nonetheless unfair and not worthy of big league players. Continue reading →

Ethics Dunce: Prof. Glenn Reynolds, the “Instapundit”

/ Jack Marshall / 12 Comments

Prof. Reynolds, the iconic conservative bloggers who wields considerable influence in the right-leaning blogospehere and beyond, has frequently displayed a dismaying affection for the unethical response of “tit-for-tat.” Has seldom done so as blatantly, however, as in a post yesterday, linking to a National Review article about CUNY students shouting down General David Petraeus, who is now a lecturer there.

The Instapundit wrote:

“I think right-leaning groups should similarly hound Hillary and other Obama Administration apparatchiks — including Obama himself, when he ventures onto campuses, both now and post-Presidency. The standard of behavior has been established. Let them live with it.”

Even giving Reynolds the benefit of the doubt and assuming that he is speaking tongue-in-cheek or hyperbolically, as he often does, this is an irresponsible statement if he doesn’t mean it, and an unethical one if he does. He is considered a sage and an opinion leader among many conservatives, and for such a prominent figure to expressly approve of the downward behavioral tail-spin that inevitably results when each competitor or adversary re-aligns  ethical standards according to the unethical acts of the other is embracing all-out culture war and chaos, with no standards at all.

“They started it, so let’s give them a taste of their own medicine and see how they like it!” is street gang thinking, (Jets: “Well they began it!” Sharks: “Well they began it!” Both: “And w’ere the ones to stop it once and for all…tonight!”— “Quintet” from West Side Story) as far from ethics as one can get, and this is exactly what Professor Reynolds is endorsing. That ethically bankrupt approach, and the fact that our political system has been operating by it at least since 2000, accounts for today’s poisonous culture in Washington D.C. It has crippled both the Bush and Obama administrations, paralyzed the government and divided the public. If political and intellectual leaders embrace this reaction to misconduct in one setting, they are implicitly accepting it as a justifiable strategy, and it is not. It is a brutal, unethical strategy.

Students who interfere with invited speakers’ efforts to challenge or enlighten university audiences should be disciplined; it doesn’t matter whether the speaker is an ex U.S.general or Ilsa, Wolf of Dachau. Interfering with speech isn’t protected speech, nor is it ethical protest. That behavior isn’t a “standard of behavior,” it is a defiance of civilized standards. The President, Hillary Clinton and other targets of the right should be allowed to speak, listened to politely, and then confronted, if they are confronted, with civil and articulate rebuttals on the basis of their words and ideas. For a university professor to advise otherwise is unconscionable. For one who is respected and followed as extensively as Reynolds to write this defies reason.

____________________________________

Spark: Instapundit

Sources: NPR, National Review

Don’t Blame The Lawyers: The Ethical, Unethical, NFL Settlement

/ Jack Marshall / 5 Comments
Watch your heads!

Watch your heads!

When is a $765 million dollar law suit settlement “chump change”?  This is when, reading the reactions to the NFL’s announcement last week of its agreement with former players who sued the league over crippling  concussion injuries sustained while playing professional football:

  • It is inadequate when half of that will be ladled out over seventeen years, and all of it will be reduced by the lawyer’s fees, to be determined but unlikely to be less than a third.  That means that each former player (or his heirs and family) will get, at most, $114, 000 or so.
  • It is inadequate when the league paying the damages will split the payment among its 32 franchises, making each responsible for paying $24 million over 20 years, which comes to about $1.2 million a year. Remember that projected NFL revenues this season are $10 billion, and the NFL gets more than $40 billion on top of that through 2022, thanks to media rights.

In other words, chump change.

Or, if you prefer, “I gave my brain, mind and health to the NFL, and all I got was this lousy settlement.” Continue reading →

Case Study In How Bias Rots Integrity: Washington Post Columnist Harold Meyerson

/ Jack Marshall / 18 Comments
You see, Harold, this is your brain on bias. Yes, I know it looks yummy...

You see, Harold, this is your integrity on bias. Yes, I know it looks yummy…

Back in the run-up to the Iraq invasion, I exchanged some e-mails with Harold Meyerson, the left-est of the Post’s op-ed liberals. He had been condemning the Bush administration’s decision to go to war against Iraq—we were technically still at war with Iraq, since no peace terms had ever been agreed upon from the previous war, and Saddam was blatantly violating the terms of a cease-fire, but never mind—saying, among other things, that this was the first time in American history that the nation had embarked on a “war of choice” rather than necessity. This was a popular, and ignorant, “talking point” used by the anti-war critics at the time, and I was thoroughly sick of it being shouted in CNN debates without any objective participant protesting that it was a lie. I pointed out to the columnist that this was historical fantasy clothed as fact, and that he owed his readers better.

Most U.S. wars have been “wars of choice,” I wrote, and presumably Meyerson knew this. Arguably only the War of 1812, World War II and Afghanistan didn’t fit that description. The Revolution wasn’t a “war of choice”? Of course it was….most of the country would have been happy to stay subjects of the Crown. The Mexican War was not merely a “war of choice” but a war of “let’s trump up a reason to take away all this land belonging to Mexico” war.  Lincoln certainly didn’t have to oppose the secession of the Southern states and start the Civil War; indeed, the best Constitutional analysis is that he was acting beyond his authority to do so.The Spanish-American War? World War 1? Korea? Vietnam? Granada? Desert Storm? What country was Meyerson talking about?

To my surprise, Meyerson replied, politely and, I thought, a bit sheepishly. Yes, he said, of course you are right, but this war is more of a war of choice than those were. Translation: “I oppose this war, and the party of this President, so I’ll say whatever is necessary to get people to agree with me, and I’ll convince myself in the process.” I’ve never taken a Meyerson column seriously since. His reasoning process, like so many on the ends of either side of the political spectrum, is to frame reality in the way that most comfortably supports his ideological objective, and then to allow that warped reality to become part of his own world view. I think this kind of thought process by confirmation bias should disqualify any infected media pundits from commentary, as much as habitual dishonesty, dementia or insanity.

Today, Meyerson once again shows how his biases rot his reasoning and integrity. Continue reading →