Easiest Ethics Question Of The Month

" Dear Ellie: The firm seems a little shady to me, but I need the experience. Should I take the offer?"

” Dear Ellie: The firm seems a little shady to me, but I need the experience. Should I take the offer?”

Over at Above the Law, Ellie Mystal posts a request for advice from a desperate job-seeking lawyer, and polls readers for their response. The lawyer has an offer from a local attorney she says has a reputation for being unethical and untrustworthy. He has filed for bankruptcy once; he is being investigated by the local bar and the government, and former employees say he’s atrocious to work for. The inexperienced lawyer asks,

“Is this really bad for an entry-level lawyer to work for an (arguably) bad lawyer? Is it an absolute NO? Which one is more important: get some experience or working at a right/good firm? To put it another way, which one is worse: having no experience or working at a bad firm? I keep searching job postings and there is no opening for entry-level. Everyone looks for experienced lawyers. So I get the impression that no experience is the worst.

“I don’t know what to do with this offer. Feels not right to accept this offer but cannot just forgo. So give me some advice — should I accept his offer?”

Well, let me th—NOOOOOOOO!!!! Absolutely NOT! Never in a million years! NEVER!

And yet, almost 20% of Above the Law’s mostly lawyer readers voted for the choice reading, “Yes. Beggars can’t be choosers.”

That is disturbing. Continue reading

Jonah Lehrer Shows Us A Level One Apology: Remorse, Regret, Contrition. Sincerity? Who Knows…

The-Remorse-Of-OrestesWhen we last looked in on writer Jonah Lehrer last summer, he had detonated his career and credibility with a series of incidents of serious professional misconduct that led to his ignominious firing from The New Yorker, where he once was regarded as a rising star. First he was caught plagiarizing himself, recycling a previously published work as an original  essay for the magazine. That led to an investigation showing that this was not the first time he had taken such an unethical short-cut. Finally, it was discovered that he had fabricated Bob Dylan quotes in his best-selling book about, ironically enough, creativity. When confronted about this, Lehrer lied. Soon he was out of a job and condemned to the limbo reserved for writers who deceive their readers: Jason Blair, Stephen Glass, James Frey, Janet Cooke, and others. It is not a pleasant or profitable place to be.

Lehrer was recently invited to speak to a gathering at the Knight Foundation, and chose the forum to deliver an apology for his conduct. It would be difficult, I think, to deliver a better one. On the Ethics Alarms Apology Scale, the most ethical apology, at the top of the scale, is this one:

1. An apology motivated by the realization that one’s past conduct was unjust, unfair, and wrong, constituting an unequivocal admission of wrongdoing as well as regret, remorse and contrition, as part of a sincere effort to make amends and seek forgiveness.

That is exactly what Lehrer delivered to the Knight Foundation, and through his blog, the rest of us. He said…

“..I am the author of a book on creativity that contained several fabricated Bob Dylan quotes. I committed plagiarism on my blog, taking, without credit or citation, an entire paragraph from the blog of Christian Jarrett. I also plagiarized from myself. I lied to a journalist named Michael Moynihan to cover up the Dylan fabrications.

“My mistakes have caused deep pain to those I care about. I am constantly remembering all those people I’ve hurt and let down – friends, family, colleagues. My wife, my parents, my editors. I think about all the readers I’ve disappointed, people who paid good money for my book and now don’t want it on their shelves.I have broken their trust. For that, I am profoundly sorry. It is my hope that, someday, my transgressions might be forgiven.

“I could stop here. But I am convinced that unless I talk openly about what I’ve learned so far – unless I hold myself accountable in public – then the lessons will not last. I will lose the only consolation of my failure, which is the promise that I will not fail like this again. That I might, one day, find a way to fail better.

“The lessons have arrived in phases. The first phase involved a literal reconstruction of my mistakes. I wanted to have an accounting, in my head, of how I fabricated those Dylan quotes. I wanted to understand the mechanics of every lapse, to relive all those errors that led to my disgrace. I wanted to understand so that I could explain it to people, so that I could explain it in a talk like this. So that I could say that I found the broken part and that part has a name. My arrogance. My desire for attention. My willingness to take shortcuts, provided I don’t think anyone else will notice. My carelessness, matched with an ability to excuse my carelessness away. My tendency to believe my own excuses.

“But then, once I came up with this list of flaws, and once I began to understand how these flaws led to each of my mistakes, I realized that all of my explanations changed nothing. They cannot undo what I’ve done, not even a little. A confession is not a solution. It does not restore trust. Not the trust of others and not the trust of myself. What’s more, I came to see that my explanations were distracting me from the more important reality I need to deal with.

“Because my flaws – these flaws that led to my failure – they are a basic part of me. They are as fundamental to my self as those other parts I’m not ashamed of. This is the phase that comes next, the phase I’m in now. It is the slow realization that all the apologies and regrets are just the beginning. That my harshest words will not fix me, that I cannot quickly become the person I need to be. It is finally understanding how hard it is to change.

“Character, Joan Didion wrote, is the willingness to accept responsibility for one’s own life. For too long, I did not accept responsibility. And by not accepting responsibility – by pretending that all of my errors were accidents, that my carelessness was not a choice – I kept myself from getting better. I postponed the reckoning that was needed.

“There is no secret to good decision-making. There is only the obvious truth: We either confront our mistakes and gain a little wisdom, or we don’t and remain a fool.”

You can read the whole speech here. Continue reading

My Spidey Sense Is Tingling: When Skipping The Tip IS Theft

Things are stranger than ever, it seems, in Times Square.

Chelsea? Is that really you?

Chelsea? Is that really you?

Philip Williams, 35, is one of many individuals who makes a living of sorts in Manhattan’s famed pop-culture and commerce jungle by dressing up as a colorful character to amuse tourists. In Williams’ case, it’s Spiderman. He is currently charged with assault and harassment for punching a woman who asked him to pose for a photo with her kids, then after getting her picture, refused to pay him the customary tip when he asked for some money.

“Sorry, I don’t have any,” said she. “You’re crap!” said Spidey, and socked her. Williams claimed in court that his punch was in self-defense, because, he claims, the woman threw a snowball at him. This is disputed. 

Williams’ arrest came when police intervened to stop the assaulted woman’s husband from squishing Spiderman, which he was endeavoring to do with a packpack. Initially, the woman had fingered another Times Square Spiderman as her assailant, but the husband was paying better attention, and knew which one to pound on.

I love this city! Continue reading

Unethical Trio: An Ambush, An Incompetent Diagnosis, and Partisan Journalist Hackery

Doctors and Kurtz

There were three notable unethical performances last week from professionals who should know better:

I. Dr. Benjamin Carson, neurosurgeon. Carson was invited to give the keynote speech at the National Prayer Breakfast (don’t get me started about why there even is a National Prayer Breakfast, and why the President should feel obligated to attend it) last week and turned what is traditionally understood to be a non-partisan, non-political speech into a direct attack, without explicitly designating it as such, on President Obama’s policies. Yes, it was a well-written, well-reasoned and well-delivered speech, but it was an ambush. Many conservatives were pleased to have President Obama  subjected to an articulate complaint that “spoke truth to power,” yet the objectives and specific content of the speech doesn’t matter: that wasn’t what Carson was invited to do, and it wasn’t what he should have done. Dr. Carson has subsequently justified his actions in self-congratulatory terms as an act of courage, but in reality it was an instance of a citizen seizing an opportunity to grab national attention and a prominent soapbox that weren’t his to grab. His actions made the President of the United States a captive audience to his amateur analysis of national affairs. It was disrespectful, and because it was given under false pretenses, dishonest. Continue reading

The Arlington, Texas School District Flunks Accountability

The latest in teaching aids in Arlington, Texas

The latest in teaching aids in Arlington, Texas

If a Walmart worker poured pencil shavings down the throat of a customer, he would be fired. If the CEO of Boeing poured pencil shaving down the throat of a company accountant, he’d be out the door before he could utter the word, “Seconds?” If a pediatrician poured pencil shavings down the throat of a patient, she’d lose her license, and if a veterinarian poured pencil shavings down the throat of a kitten, he’d be arrested.

Yet in the Arlington, Texas, School District, the teacher who poured pencil shavings into the mouth of unsuspecting Marquis Jay, a 13-year-old eighth-grader at Boles Junior High School, is back on the job after less than a month’s suspension. She apologized, you see. She said that she wasn’t thinking right.

Yes, I’d say that’s a fair description of her actions. But I’d also say that a teacher prone to harming her students in those periodic moments when she is “not thinking right” is a continuing risk to the children. If fact, I’ll confidently state not only that a teacher who attacks a child in this manner—and an attack is what it is—has to be fired, if a parent of a child attending the school involved is to have any justified faith that the school is properly concerned with the welfare of its students, isn’t recruiting instructors from the violent ward at the local Home for the Bewildered, and, in short, doesn’t have an administration staffed by moonlighting Hell’s Angels members. Continue reading

Ethics Dunce: Chelsea Welch (The Applebee’s Train Wreck, Part Deux)

Chelsea Welch 2

Chelsea Welch: Hire at your own risk. You have been warned. By Chelsea, in fact…

I really, really didn’t want to revisit the tale about the cheap pastor, the self-righteous waitress, and Applebee’s. The comments on the original post here were illuminating, not in a good way, and were profoundly discouraging. The fact that so many people are incapable of getting past their biases against any business that has to enforce basic common sense policies on their employees is depressing; the fact that they embrace wholeheartedly the idea that a minor instance of poor judgment and conduct warrants permanent vilification on the web is alarming; and the widespread rejection of the principles of the Golden Rule is scary.

Unfortunately, Chelsea Welch, the fired waitress whom I once had some sympathy for despite the fact that her firing was 100% justified, has apparently seen fit to publish a letter, although there is no way to tell that it is really hers—the way this whole scenario has gone, it probably was written by the pastor who started the whole mess to make Chelsea look bad. If that was the objective, the pastor was wrong again, for a ridiculous percentage of the commenters think the letter is perfectly reasonable, meaning, of course, that they have the ethical sensibilities of 5th graders. The cruel reader who brought this to my attention actually read the comments on one site and tallied them: 1538 supporting Chelsea, only 20 that didn’t.

<Sigh!>

Nonetheless, Chelsea Welch reveals herself as an A-1 prime ethics dunce, the kind of person who will blunder along through life behaving unethically, causing little and large harms and discomforts to those she encounters, always thinking she is in the right, because she doesn’t have the foggiest notion of how one goes about determining what  right is.

Her letter is a classic of rationalization. Some highlights (the entire letter is at the end)… Continue reading

“Free Wi-Fi” And Journalism’s Flagrant Untrustworthiness

You’ve probably memorized that State Farm TV commercial where the woman tells her friend that she believes everything on the internet because it has to be true, and introduces her “French model” date—a grotesque geek wearing a belly pack who can barely manage “Uh..Bonjour!”—whom she met on the internet. Well, last week we were treated to a lesson in how the mainstream media, even its most prestigious and trusted members, are about as trustworthy as her date.

None other than the exalted Washington Post breathlessly reported last week, in a front page story, that “the federal government wants to create super Wi-Fi networks across the nation, so powerful and broad in reach that consumers could use them to make calls or surf the Internet without paying a cellphone bill every month…If all goes as planned, free access to the Web would be available in just about every metropolitan area and in many rural areas.”

The story was stunning and worrisome–Why is the government competing with private enterprise? How can it undertake such a sweeping discretionary initiative with the Treasury deep in debt? Wait, what??—and rapidly spread all over the 24-hour news media, including cable, radio and the internet (Uh..Bonjour!). It is there still, largely uncorrected. The story, meanwhile, was essentially untrue, a mistake. Yet as of yesterday, it was still being reported and argued about as fact on such respectable and trusted websites as Salon, Reason, UPI, Business Investor, The Daily Caller, NPR and many more. The Post, meanwhile, has still not published a clear and prominent retraction, and the reporter who wrote the erroneous story is still spreading misinformation. Continue reading

Now THIS Is A Legal Ethics Violation!

Horrible text messageJeremy Daniel Oliver, a friendly Oklahoma lawyer specializing in criminal and family law, was recently arrested and charged with the felonies of soliciting sex with a minor and distributing obscene materials via technological means. You see, Oliver offered to knock $1000 off his fee for legal services for a female client…

…in exchange for sex with her, or, in the alternative,

…her 18-year-old-daughter, or, as another option,

… her 13-year-old daughter,

…in a text message sent to his client’s phone

...while deputies were with the mother.

Oh yes…he also sent her a picture of his penis.

This alleged conduct involves several ethics rules, I aver, including those prohibiting a lawyer from breaking significant laws, having sex with clients (though, oddly, there is nothing in the rules prohibiting sex with the daughters of clients), and perhaps most of all, charging unreasonable fees, though to be fair, having not seen the photo of Mr. Oliver’s penis, I can’t say how unreasonable.

As Consumerist’s Vivia Chen would say, “Not cool.”

____________________________

Pointer: ABA Journal

Facts: News OK

If Only The Profession Was This Strict AFTER Admitting A Lawyer To The Bar…

No, surprisingly in light of last week's revelations from Cambridge, the applicant who cheated on her bar exam did NOT go to Harvard. I'm as stunned as you are!

No, surprisingly in light of last week’s revelations from Cambridge, the applicant who cheated on her bar exam did NOT go to Harvard. I’m as stunned as you are!

One of the legal profession’s ethics anomalies is that its character standards for entering legal practice are far more unforgiving than the standards for keeping one’s license to practice after being admitted. For while John Edwards continues to be a North Carolina lawyer in “good standing,” an Ohio bar applicant was held to lack the requisite good character to be a trustworthy lawyer (Ohio Supreme Court opinion here) because of the following set of facts.

When Jasmine Shawn Parker of Covington, Kentucky was taking the Ohio bar exam, a test monitor reported that she had continued to write for up to 30 seconds after “time” was called on a set of two exam questions, and then again for 45 to 60 seconds on two sets of two exam questions. The Board of Bar Examiners investigated, and asked Parker’s tablemates about their observations or her actions, if any, after time had been called. They reported that Parker had continued writing for maybe a second or two past the declared deadline on Day 1 of the exam, and on the second day, had continued to write past the stopping point “long enough to get at least two lines of writing on paper.” As a penalty after these findings, the Ohio Board of Bar Examiners gave Parker no credit on the exam question with the highest point value. Never mind: Parker’s score was high enough to pass the bar exam anyway. Her alleged cheating, however, led the Board of Commissioners on Character and Fitness to recommend her license be denied, with the opportunity to reapply.  Continue reading

Ethics Quiz: Have We Achieved The Ultimate No-Tolerance Insanity At Last?

Starch AdStarch Ad

Wow, were kids sick back then, or what!

Wow, were kids sick back then, or what!

Could it be? Is it possible? Has school administrator incompetence, fearfulness, power abuse and cruelty finally reached its apotheosis?

In Loveland, Colorado, 7-year-old Mary Blair Elementary School student Alex Watkins was suspended by the Thompson School District for going through the motions of throwing an imaginary hand grenade at an equally imaginary box that contained “something evil,” with the admirable purpose of saving the world, doing so on what is anachronistically called a “school playground.” The imaginary grenade caused the imaginary box to be vaporized in an imaginary explosion.

The Horror.

The imaginary minds of one or more teachers who witnessed this carnage ignited in fear and anger. Of course, an overly-broad, incompetently drafted, utterly stupid no-tolerance rule was involved: Mary Blair Elementary School bans imaginary fighting and imaginary weaponry. The only bright side of this disgraceful abuse of an innocent child and blatant attempt at thought-control is that it might finally provide the absolute end point on the spectrum of school administration no-tolerance incompetence. Your Ethics Alarms Ethics Quiz question for today is..

Is it? Continue reading