Professions

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

/ Jack Marshall / Leave a comment
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!

/ Jack Marshall / 11 Comments

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…

/ Jack Marshall / 42 Comments
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

/ Jack Marshall / 7 Comments

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!

/ Jack Marshall / 5 Comments
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

/ Jack Marshall / 34 Comments

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!!!”

/ Jack Marshall / 16 Comments
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

/ Jack Marshall / 7 Comments
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 →

The Fourth Annual Ethics Alarms Awards: The Best of Ethics 2012

/ Jack Marshall / 4 Comments

nonpartisan

One of the reasons there are always more negative stories than positive ones on Ethics Alarms is that ethical conduct is still much more common than unethical conduct, and thus has to be more spectacular to be worthy of comment. At least, that’s my rationalization this year….

Here are the 2011 Ethics Alarms Awards for the Best in Ethics:

Most Important Ethical Act of the Year:

New Jersey Governor Chris Christie’s public display of appreciation to President Obama for the rapid Federal response to Super Storm Sandy. Naturally, Christie was subsequently called a turncoat and blamed for Mitt Romney’s loss.

Outstanding Ethical Leadership

Supreme Court Chief Justice John Roberts. Roberts’ decision to confound conventional wisdom and to vote to uphold the constitutionality of  the Affordable Care Act, a.k.a. Obamacare, reaffirmed the ideological independence of the Court while giving due deference to the will of Congress. Roberts was derided by Republicans and conservatives, while liberals and Democrats patted themselves on the back, presuming that they had intimidated him into rejecting the so-called conservative wing of the Court by their (irresponsible, dishonest and unethical) accusations that the Court put politics ahead of law and justice. Roberts, in truth, just interpreted the law, which is what his duty required.

Heroes of the Year

Seniors at Lexington (Ky) Catholic High School. When a gay couple was told by school administrators that they were not welcome at their senior prom, a significant number of their classmates moved the prom to the parking lot, where a good time was had by all. Courage, respect, fairness and kindness. These seniors are ready for the real world, which needs them more than they need it. Continue reading →

When A Frivolous Defense Isn’t Frivolous, Or Why Ethical Lawyers Represent Unethical Clients

/ Jack Marshall / 9 Comments
Mr. Friedman, wasting time and money, and proud of it.

Mr. Frieman, wasting time and money, and proud of it.

I don’t know if Jonathan Frieman is an Occupy Oakland refugee, a failed lawyer, a scofflaw, a dummy or just a trouble-maker, but he decide to game a California “2 or more persons” car pool lane by  “sharing” his vehicle with corporate documents. Thus, when he was pulled over, he  handed the Highway Patrol officer incorporation papers that were in the passenger seat. Get it? The corporation is a “person,” legally, so there were two “people” in his car! The officer ticketed him anyway, since his defense was ridiculous. But funny! Continue reading →