More Advice Column Malpractice: “Dear Prudence,” Elder Abuse and Voter Fraud

I have to wonder about the values, ethics and trustworthiness of any publication that employs an advice columnist as deeply incompetent and unethical as Emily Yoffe, a.k.a “Dear Prudence.” I’m sure that I would be compelled to correct her regularly if I read her responses with any frequency, which is one of the reasons I don’t read the column. 2011 Ethics Alarms Commenter of the Year tgt just flagged this horrific example of Emily’s craft, and correctly guessed my reaction, writing, “get ready to facepalm.”  Now that my visage is permanently concave, allow me to retort.

The query comes from a woman whose mother has filled in absentee ballots for her parents, voting her own preferences and not consulting them. Worse, the grandmother, who is suffering from Alzheimer’s, is a life-long partisan of the party her daughter voted against on her behalf.  The questioner asks “Prudence,” “Should I attempt to intervene in some way?” Continue reading →

Ethics Hero Vs. Unethical Website and Scammer: Marc Randazza Takes Aim At The Contemptible “Is Anybody Down” and “The Takedown Lawyer”

Go get em, Marc!

First Amendment lawyer Marc Randazza is a genuine Ethics Hero. I speak from personal experience: when a cyber-bully was trying to use a threatened libel lawsuit to force me to remove a posted opinion he didn’t like, Marc (thoughtfully referred by Ken at Popehat), generously offered his time and advice…and Marc does this all the time. Right now he has a different mission: exposing a revolting cyberscam and hounding the perpetrators into retreat. His target is the website “Is Anybody Down,” and a more disgusting web enterprise would be hard to imagine, and its parasitic creation, the “Takedown Lawyer.”

I’ll let Marc explain why he has “Is Anybody Down” on his hit list:

“Here’s their business plan:

  • Step one: Register the domain name “isanybodydown.com”
  • Step two: Get ahold of nude photos of people who never consented to having their photos published.
  • Step three:Publish them, along with their names, home towns, and links to their facebook profiles.

So now how do you “profit?” Well, openly saying “I’ll take down the photo for $250,” would probably create some legal issues for you. So, instead, you create a fake lawyer persona and say “I am an internet lawyer, named David Blade, III, and I’ll get your pics down for $250.” Continue reading →

Undercutting the “Nerd Defense”

“A killer? Him? Come on, look at him. He couldn’t hurt a fly!”

More than a year ago, Ethics Alarms discussed the ethics of a current criminal defense tactic employed by lawyers with clients accused of violent crimes, putting them in nerdy glasses:

“It’s not a guarantee, but  the Daily News report says that criminal defense lawyers “swear by the gimmick, believing the right spectacles can make a sinister-looking murder suspect seem like a perfect gentleman.” “Glasses soften their appearance so that they don’t look capable of committing a violent crime,” veteran lawyer Harvey Slovis told the paper.”I’ve tried cases where there’s been a tremendous amount of evidence, but my client wore glasses, dressed well and got acquitted.” Cordero, who was represented by Slovis, wore bifocals throughout his trial, but threw them away the moment he was free.”

I’ve quizzed lawyers about the ethics of this tactic in my CLE classes, and they nearly unanimously agree that the tactic crosses no ethical lines that can be drawn with appropriate precision. I’m not so sure. I think it goes beyond merely giving your axe-murderer a shave and a haircut so he doesn’t look like an axe murderer, and edges into the realm of intentional deception. Apparently some courts may agree. Continue reading →

Forget Balancing: Lance Armstrong Is a Villain

A constant conundrum faced by every culture is how it should categorize significant individuals whose positive contributions to society and civilization are marred by other acts that range from the unethical to the despicable. How much bad can a great man do and still be called “great”? How much wrong can a good woman engage in and still fairly be remembered as “good”? Can one wonderful act erase a lifetime of bad conduct? Are some bad acts so terrible that nothing can compensate for them? Every real human being is going to yield to some temptations, make some bad choices, be selfish, be cruel, lie, or worse. If we insist that all our heroes have an unblemished record in every aspect of their lives, we simply forfeit our heroes.

One reaction to this persistent dilemma is that we tend to be reluctant to look under the rock of a heroes accomplishments for fear that we will be disillusioned, or once the rock is lifted, we will attempt to rationalize into invisibility the ugly things we find there, or insist that they don’t matter. Of course they matter. It matters that Thomas Jefferson, who gave this nation its beating heart, didn’t pay his debts, cheated his friends and refused to live up to his own ideals. It matters that Clarence Darrow, who saved over a hundred men from execution, was a terrible father and husband and an unethical lawyer. It matters that Arthur Miller, whose plays dramatized the plight of the aging worker and the dangers of political persecution, rejected his mentally-challenged son, leaving him institutionalized and without contact from his father, though he knew who his father was. Charles Lindbergh, Jackie Kennedy, Diane Fossey, Thomas Edison, George Washington, Andrew Jackson, Frank Sinatra, Ted Kennedy, Pete Rose, Lillian Hellman, Walter Cronkite, Hillary Clinton—the list of the great, near-great, lionized and admired who behaved less than admirably or worse in significant ways can circle the globe. In assessing their character, as well as whether their lives deserve to be regarded as positive or negative influences on their society, fellow citizens and civilization, all we can do is apply a complex balancing formula, with factors in their lives weighted according to ethical principles, experience and our own priorities.

The question of how this balance should be applied has been raised in recent weeks in the wake of the final verdict on Lance Armstrong’s cycling career, which was decisively removed from the categories of “alleged misconduct,” “controversies,”and definitely “witch hunts” for all time as mountains of documentation, lab tests, and testimony moved it squarely into the categories of “outrageous cheating’, “criminal activity”, “corruption” and “fraud.” Continue reading →

Comment of the Day: “Unethical Website of the Month: Third Tier Reality”

Okay, so you weren’t born on third base like this guy. It doesn’t mean you can’t score.

40 yr. old Gen-Xer delivers a worthy Comment of the Day, leveled at my criticism of the Angry Unemployed Law Grad blog, “Third Tier Reality.”  I think it provides valid perspective, though I also think the post’s characterization of how this issue has been handled on Ethics Alarms is somewhat unfair. (You can read my response under the original article.)

Here is the Comment of the Day, on the post, “Unethical Website of the Month: Third Tier Reality”:

“My point is that the situation Nando is railing about is more complex than the scenario of a bunch of disgruntled youth, unwilling to “work hard”, whining for a hand-out. Nando may pour it on thick with name calling and scatological imagery; fair enough. However, to dismiss the underlying message is overly simplistic, dismissive of people’s good-faith effort and ignores the real economic hardship that many face. Continue reading →

Unethical Website of the Month: Third Tier Reality

Mr. Furious, of the Mystery Men

Third Tier Reality is one of many blogs recently founded by disappointed law graduates who somehow labored under the misconception that a law school degree guaranteed that they would get 6 figure offers from big law firms and then live the life of Denny Crane until they could retire to a Caribbean island at the age of 55. A depressing number of these deluded souls managed to get themselves in hock up to their eyeballs, and when the recession hit and law firms cut back, felt first, like fools, second, angry and desperate, and third, that it was everyone else’s fault. Thus was born the “law school scam” conspiracy theory. Third Tier Reality, like the others of its breed, maintains that law schools intentionally misled scores of trusting students to pay their obscenely high tuitions,  knowing that they were pumping out more lawyers than the legal market would bear.

To the extent that the site tries to educate would-be law students that there is no guaranteed gravy-train at the end of three years of law school, the website is, at worst, harmless. “My goal is to inform potential law school students and applicants of the ugly realities of attending law school,” he writes. His message: Do not seek a law degree unless…

“(1) YOU GET INTO A TOP 8 LAW SCHOOL; (2) YOU GET A FULL-TUITION SCHOLARSHIP TO ATTEND; (3) YOU HAVE EMPLOYMENT AS AN ATTORNEY SECURED THROUGH A RELATIVE OR CLOSE FRIEND; OR (4) YOU ARE FULLY AWARE BEFOREHAND THAT YOUR HUGE INVESTMENT IN TIME, ENERGY, AND MONEY DOES NOT, IN ANY WAY, GUARANTEE A JOB AS AN ATTORNEY OR IN THE LEGAL INDUSTRY.”

That’s all good advice, though it presumes that more people get law degrees under the delusion alluded to in (4) than I believe is true. Nobody ever told me that a law degree guaranteed a high-paying job as an attorney, and if we understood that decades ago when law was booming, I don’t see where the confusion set in. I worked in the administration of Georgetown Law Center, and that school never made such a representation. In addition, Third Tier Reality goes further, as its brethren blogs do, to insist that a law degree from less than a “First Tier” school is actually an impediment in the job market. I hate to kick this particular hornets nest again, but this is a self-serving rationalization for failure. Continue reading →

Incompetent Elected Official of the Week: Georgia Rep. Paul Broun

Paul! See that guy holding the sign that says, “Atheists Go Back to Your Apes”? YOU COULD BE THAT GUY, PAUL!

An ignoramus and proud of it, Rep. Paul Broun (R-GA.) is apparently serving in Congress while waiting for a juicy role as one of the fanatically religious townspeople in “Inherit the Wind,” should a local production materialize. For it was good people like Broun, with his level of education, certitude and Godly conviction, who occupied the town of Dayton, Tennessee during the Scopes “Monkey Trial,” the famous legal battle over the teaching of evolution that inspired the fictional stage adaptation of the event authored by Jerome Lawrence and Robert E. Lee, perhaps the best high school drama club play that ever graced Broadway.

Those science-hating, God-loving people of Dayton’s  imaginary stand-in, “happy Hillsboro,” get to do a lot of revival meeting singing, and scream “Praise God” and “Read your Bible!,” and join in choral renditions of “We’ll hang Bert Cates from a Sour Apple Tree,” a reference to the play’s junior high science teacher, who, like the real John Scopes, dares to defy Tennessee law and teaches his students that the world isn’t only 9,000 years old, that Adam didn’t ride around on a triceratops and that mankind evolved from more primitive primates. Broun would be terrific at the singing and screaming, I’m sure. Continue reading →

ARRGH! “The Good Wife” Did It AGAIN!

For God’s sake, Will! A) You just got off one suspension for unethical conduct—what are you DOING? B) They had to have taught you better than this at Georgetown Law!

“It” is misleading Americans who may be in litigation requiring settlement and who don’t know that lawyers cannot, must not and largely do not agree to financial settlement terms without getting the approval of their clients. I have dubbed this “The Hollywood Lawyer Fallacy,” and Will (Josh Charles) just did it again.

I know—every lawyer TV drama skips this part, as does virtually every movie about lawyers. Yes, I know it is done for pacing and dramatic purposes, that having a scene where the lawyers asks her client, “They’ve offered this amount, and I think we should take it, OK?” and the client says, “Sounds great!” just slows things down. But here is what repeatedly watching this inaccurate portrayal of  lawyers breaking one of the cardinal rules of the profession does: it sets up clients of incompetent lawyers to be misled, manipulated, and cheated. As I wrote the last time the otherwise ethically astute CBS drama did this while I was watching:  Continue reading →

Unethical Quote of the Week: CNN Morning Anchor Carol Costello

“There was criticism when Jim Lehrer was initially named to be a moderator. People said: ‘oh, another white guy; he’s too old to be doing this; we live in a new world — we don’t need an old-fashioned journalist doing these things any longer.’”

—-CNN Morning host Carol Costello, communing with PBS head Paula Kerger over Mitt Romney’s (obviously correct) assertion that public support for PBS has got to go, and joining in the despicable Democratic spin that President Obama’s less-than-stellar performance in the first debate was moderator Jim Lehrer’s fault.

Worst of the worst? I mean, if you don’t count MSNBC?

Carol Costello, Soledad O’Brien; Soledad O’Brien Carol Costello. Who is the most biased, smug, unethical news host not on MSNBC? Just when I think O’Brien has locked up the prize, Costello comes roaring back with something like this.

She ought to be fired. It’s as simple as that. Her statement is racist and ageist in the worst sense or the words; her implication is an unforgivable insult to a veteran newsman infinitely her superior, and her the content of her statement is proof of a deficient mind. Fire her. The AARP should demand it; the Republican should demand it; the Democrats should demand it, and CNN should see it as essential to maintaining whatever shred of credibility and integrity it has left. Continue reading →

One For The “Innocent Until Proven Guilty” Crowd

Stop scaring my dog!

A commenter recently pulled out the hoary and almost always misused “innocent until proven guilty” line, which reliably makes me scream, frightening the dog and the neighbors. Thus I was happy to see this September 28 ruling by the Louisiana Supreme Court, which found that Philip Pilie, a 2007 University of Georgia School of Law  who passed the bar examination in 2009, lacked the character and fitness to be admitted to practice in the state, despite the fact that he was not convicted of the crime that resulted in his disqualification.

Why? Because he did it, that’s why. Pilie contacted what he thought was a 15-year-old girl online and arranged to have sex. She was, unfortunately for Pilie, really a big, hairy, middle-aged man looking for predators who like to have sex with under-age girls. Pilie  was arrested at the planned rendezvous and charged with two  felonies,  computer-aided solicitation of a minor and attempted indecent behavior with a minor.

Pilie negotiated a deal with the district attorney to avoid prosecution. He completed a pre-trial diversion program including counseling, and all charges  were dropped. Pilie took and passed the bar exam, but was informed  in March 2009 that he lacked the character and fitness for admission to practice, because he trolled on computers for young girls to have sex with, by his own admission. His appeal to Louisiana’s highest court failed, twice.

In the latest decision, the court said that Pilie’s lack of a criminal conviction made no difference in its reasoning. “Had petitioner been a practicing attorney at the time of his misconduct, it is very likely he would have been permanently disbarred,” it wrote. “Given this fact, we can conceive of no circumstance under which we would ever admit petitioner to the practice of law.” Pilie was permanently barred from ever again seeking admission, without ever being “convicted in a court of law.” Continue reading →