The Saga of the Entrepreneural Legal Mentor

"OK, now pay attention. I'll teach you to hunt, but it will cost you..."

“OK, now pay attention. I’ll teach you to hunt, but it will cost you…”

Attorney Kenneth Beck is reeling from a barrage of criticism he has received for placing this ad on Craig’s List:

ARE YOU RECENTLY ADMITTED TO THE BAR, OR AWAITING BAR RESULTS, BUT NEED EXPERIENCE FOR THAT FIRST JOB?

General practice attorney with more than twenty years of experience is willing to train a small number of recently admitted attorneys, or those awaiting bar results. For a monthly fee, you will be able to shadow the experienced attorney, and learn by watching the day to day practice of law. Observe the following types of proceedings, as they occur; Civil Short Calender motion arguments, foreclosure mediation’s, pre-trial conferences, Workers Compensation and Social Security hearings, real estate closings, discovery proceedings and compliance, research and general office operations. …

The unprecedented ad, now pulled, prompted nasty e-mails from his target audience and a lot of ridicule on various legal blogs. Beck hit a nerve, obviously, in fact several: the perceived venality of the profession, the desperate plight of recent law grads in a tight market, the lack of practical training students receive in law school. Some even suggested that the ad rose, or rather fell, to the level of professional misconduct. “Will this kind of revenue producer be censured by the state bar association?”, asked the blog Law and More.

That one is easy: no, because nothing about the ad raises legitimate questions about Black’s trustworthiness or honesty, and there is no clear violation of any existing rules inherent in his proposition. Still, the question lingers: even if this doesn’t nick the Rules of Professional Conduct, is it ethical? Continue reading

You’re A Marked Man, Charlie Brown!

And you thought Elmo was in trouble…

Charlie, in happier days...

Charlie, in happier days…

Peter Robbins, now 56, who was the voice of Charlie Brown on the TV special “A Charlie Brown Christmas” as well as other “Peanuts” television shows, has been arrested and charged Wednesday with stalking and threatening his ex-girlfriend and the plastic surgeon who gave her breast implants—no, this was not the little red-headed girl. I don’t think…

He’s accused of terrorizing her, calling her as many as 37 times in a 24-hour period on her cellphone and threatening to  kill her and her son if she did not give back his dog and car. In the most recent and ugliest incident, Robbins allegedly confronted his former girlfriend in a hotel room and began beating his dog—no, not Snoopy!…at least, gee, I hope not… and threatened to continue hurting the dog, not to mention killing her, if she did not promise to get a refund for the breast enhancement.

I have two observations.

1. This sad story illustrates one of the ways in which children are harmed by premature exposure to pop culture fame before they can understand the ramifications to their future. Robbins’ meltdown and shame, as well as his face and name, are all over the national media today, as the idea of Charlie Brown turning into a stalker is too strange and juicy to ignore. Without the link to the lovable “Peanuts” gang, such an item would barely be local news, much less national water-cooler fodder, but thanks to Robbins’ parents’ decision, made for him, not by him, although his life was the one most affected, his reputation is branded far and wide. Parents have an obligation to consider these things with their children’s best interests in mind. Today’s momentary stardom mat be tomorrow’s shame and permanent handicap. Continue reading

Paula Broadwell, Dee Dee Myers and The “Spokesperson” Deception

Paula or Dee Dee: Who do you trust?

Paula or Dee Dee: Who do you trust?

Speaking on behalf of Paula Broadwell, the ambitious siren whose pulchritude and sycophancy combined with David Petraeus’ vanity and mid-life crisis to wreck his career and reputation, Dee Dee Myers told the news media that “the Justice Department thoroughly looked at [allegations that Broadwell had threatened Jill Kelley in the e-mails that exposed Broadwell’s affair with the general] and declined to prosecute,” a decision that “makes a pretty bold statement about the content of the emails…People can make their own judgments based on that.”

Well done, Dee Dee! This is masterful deceit, not that I would expect less from a Clinton Administration veteran. There lies the central ethics rot in Myers’ current career as a reputation doctor and PR consultant with the Glover Park group, and particularly with her role of spokesperson, when the client is innately unbelievable and the spokesperson is not. Continue reading

TV Critics and “The Following”: Let’s Blame Kevin Bacon For Gun Violence!

tt-the-following-hed-2012

To read many of the reviews of “The Following,” the new Fox serial killer drama starring Kevin Bacon that debuted last night, one would presume it is worse trash than “Two Broke Girls” polluted by “The Bachelor.” In fact, it is stylish, original, well-acted, infinitely more interesting than dramas the same critics have fallen all over themselves praising like “The Killing,” (which is “Twin Peaks” without the kinkiness and even slower, if that is possible), and scary, which is important, because “The Following” is a horror series, just as “Silence of the Lambs” is a horror movie. What seem to scare many of the soapbox critics more is that the series is on Fox, which, after all, is evil.

The TV reviewers, in their wisdom, have decided that people shouldn’t watch serial killer shows any more, because decent Americans—them— are so traumatized by the Sandy Hook massacre that they all want an end to guns, bloody video games, and any dramatic entertainment depicting violence that doesn’t come from a zombie or a vampire. Thus they savaged Kevin Bacon’s show….not because of its artistic and production values, but because they don’t want that kind of show on TV any more, and insist that the public consists of easily pleased sheep if they don’t feel the same way. Continue reading

When Is Human Cloning Unethical? When You Do THIS, For Starters…

Coming attraction at the San Diego Zoo.

Coming attraction at the San Diego Zoo.

Much of the ethics debate over cloning is and has always been pure “ick factor” confusion. Cloning is strange and unnatural, and to many people, that means it is immoral and wrong, as in, “If God had wanted us to be created from nose hairs, he wouldn’t have given us sex organs!” But there is nothing intrinsically unethical about cloning. The problem is that there are many theoretical applications of cloning that are monstrous (See: “The Island”), and too many scientists whose attitude is, “Why not?”

It is difficult to imagine a more perfect example of this than the news that Harvard Medical School geneticist George Church is plotting to create a Neanderthal human, if he can find, in his words, “an adventurous female human” willing to be Mommy to Alley Oop. Continue reading

Ethics Hero Emeritus: Stan (“The Man”) Musial, 1920-2013

Stan Musial

Baseball great Stan Musial is a different kind of lifetime ethics hero, which is one reason it is important to so honor him. Unlike everyone who has ever received that designation here,  the iconic St. Louis Cardinal had no famous episode that crystallizes his character for posterity, no inspiring quotes attributed to him, nothing at all as impressive by itself as his athletic feats on the baseball field, which were among the most distinguished of any Major League baseball career. What was remarkable about Stan Musial is that over three decades in the public eye and four more after leaving it, he never did anything wrong.

Musial remained with one team his entire career, out of loyalty to the city and the fans who loved him. He never complained about where he batted in the order, or where he played; though he spent a lifetime being overshadowed in the sports pages by more colorful, edgier personalities like Ted Williams, Mickey Mantle and Willy Mays, he never whined about it, or made transparent efforts to seek the spotlight. He famously gave out autographs to all who asked with grace and a smile, even when the inflated price of athlete autographs soared. His team mates say that Musial visited children’s hospitals without the press or photographers in tow, because he performed such acts of kindness not for himself, but for the kids. Continue reading

Now THAT’S An Unethical Lawyer!

Even Arnie didn't try THIS...

Even Arnie didn’t try THIS…

It’s bad enough that Minnesota lawyer Thomas P. Lowes had sex with his divorce client. That’s explicitly forbidden since Minnesota adopted ABA Model Rule 1.8 k, what “L.A. Law” fans fondly refer to as “the Arnie Becker Rule.” Not professional, exploits the relationship, interferes with independent judgment, a conflict of interest, you know, all that stuff.

But Lowes went a step further, and set some kind of a new record for…

  • gall,
  • unreasonable billing practices (ABA Rule 1.5)
  • inflated self image, or
  • always working on the case, no matter what, OR
  • …mixing legal work with prostitution.

…by charging his client/lover/sex toy his hourly fee for the time they spent having sex!

Continue reading

Ethics Hero: Cartoonist Ted Rall

cartoon_plagiarism_444045

It is always courageous and exemplary when someone calls out his own profession for deficient ethical standards, and this is what political cartoonist Ted Rall has done on his blog. The topic: plagiarism in editorial cartoons, which is bad enough. Rall, however, makes strong case that the unethical practice flourishes because syndicates, editors, publications, honors committees and the professional associations tolerate it, and journalists don’t seem to care. He also blows the whistle on the practice known as self-plagiarism, where a cartoonist recycles his previous work as new. Rall writes, Continue reading

At Last! The Ultimate Naked Teacher Principle Episode, Otherwise Known As “Hey, Isn’t This A Photo Of Miss…HOLY CRAP!!!”

Stacy and Tiffany, together again.

Stacie and Tiffany Six, together again.

I’ve been writing about various manifestations of what I dubbed years ago “the Naked Teacher Principal” for a long time. The principle, based in accountability and responsibility, holds that once a teacher has allowed naked or otherwise sexually provocative photographs of herself or himself to become available over the internet, that teacher will be unable to properly maintain the respect of and proper professional relationship to students, serve as a role model, or be trusted to meet professional standards. Such a teacher will have no ethical defense when he or she is fired.

Variations and near-variations have ranged from the teacher whose room mate posted household photos of the teacher doing household chores in the nude, to the teacher who wrote sexually-explicit novels about werewolves, to the art teacher whose avocation of painting pictures with his genitals was revealed in an online sequence showing him doing so with a paper bag over his head.

Now at last we have a former porn star variation, and the NTP has been upheld. Continue reading

Author (NOT Lawyer) Elizabeth Wurtzel’s Careless Aspirations

Well, she sure doesn't look like any lawyer I know...

Well, she sure doesn’t look like any lawyer I know…

The acclaimed author of “Prozac Nation” and “Bitch” graduated from Yale Law School while trying to figure out what she was going to do with her now rich and famous life. Elizabeth Wurtzel has yet to pass the NY bar exam successfully, however (she’s taken it at least once), which means she is not admitted to practice there or anywhere. Nonetheless, based on the fact that she was working as a paralegal at a law firm, Wurtzel gave an interview in which she arguably described herself as “a lawyer.”

This may not seem like a big deal, but it is. As discussed in the posts about Elizabeth Warren’s mysterious professional status, the unauthorized practice of law (UPL) is taken very seriously in the legal profession, and representing yourself as a lawyer when you aren’t is often enough to cross into UPL territory. Above the Law contacted two worthy legal ethics scholars who agreed that this did not constitute a professional ethics violation—that is, an inaccurate and sloppy remark in an interview, not designed to deceive, would not cause her trouble with the bar should she ever pass that pesky exam. A professional ethics violation is one that calls into question a lawyer’s integrity, honesty and trustworthiness sufficiently to raise questions about whether that lawyer should be allowed to practice law. The profs (Steven Lubet and Stephen Gillers) are right that Wurtzel’s puffery doesn’t reach that level. Continue reading