Professions

Ethics Tales From The “Occupy” Movement

/ Jack Marshall / 25 Comments

1. Integrity Check

"This week only: half-price on all chicken suits!"

Reports out of Occupy Wall Street, unconfirmed but apparently credible enough for New York’s Mayor Bloomberg to rely on them, suggest that the “Occupy” gang is refusing to report the various criminals in their midst, opting instead to protect the colony by ejecting and banishing them….and, of course, inflicting them on somebody else. Such wrongdoers range from simple thieves to sexual predators, or, as in Occupy Oakland,  the violent provocateurs who have seeded riots. They might not even be banished…just protected.

How ironic. The ethical rot in America’s institutions, from government to the business world, to religions and Hollywood, to athletic teams and academia, manifests itself by a progressive willingness to ignore misconduct, lawlessness, and unethical conduct among colleagues and others within the group, cementing a “them vs. us” mentality that encourages increasingly irresponsible conduct and erodes integrity. The so-called 99% have the same vulnerability to corruption as the 1% they revile. Continue reading →

Five Questions and Answers About The Steven J. Braun Law Firm Halloween Party Outrage

/ Jack Marshall / 18 Comments

Imagine: tasteless Halloween costumes!

Background: New York Times Joe Nocera is stirring up public outrage because some employees of a law firm involved in questionable foreclosure practices attended the firms 2010 Halloween party dressed as homeless people. Photos taken at the Steven J. Baum law firm’s Halloween party last year were passed along to Nocera by a former firm employee.  In one that was posed on the Times site, two party-goers are dressed as  homeless people, with one holding a sign that reads, “I lost my home and I was never served.” Nocera wrote that the costumes show an “appalling lack of compassion.”

Here are ten questions and answers regarding ethics issues raised by the incident. Continue reading →

The Damage Incompetent Pundits Do: Criminal Defense Misconceptions

/ Jack Marshall / 8 Comments

See? I WARNED you not to listen to Mercedes Colwin!

A couple of months back, I flagged some outrageously mistaken commentary on Sean Hannity’s radio talk show given out by Mercedes Colwin, who is a lawyer but prone to howlers whenever she shows up on Hannity or Fox News, which I suspect favors her for qualities that have nothing to do with her law practice. On the occasion that roused my ire, Colwin suggested that she could not defend a criminal client who told her he was guilty, because she was “an officer of the court.”

This is pundit malpractice grafted to legal incompetence: a defense attorney MUST maintain a client’s legal innocence whether the attorney knows the client is guilty or not, and being an officer of the court has nothing to do with it.

Colwin, who was discussing the Casey Anthony trial, represented herself as an expert and then reinforced the most persistent and most damaging popular misconception about the legal system, which is that there is something unethical about defending guilty criminal clients. The system has to be held to a high standard of due process, and even an “obviously” guilty defendant must be proven guilty with admissible evidence beyond a reasonable doubt. Defense attorneys are there to make sure the state meets its burden of proof by making the strongest argument for their clients’ innocence as possible, whether the defendant has confessed his or her guilt or not. For one thing, a defendant often doesn’t know if he is legally guilty, even if he “did it.” For another, even if he did it, the state still has to prove it.The defense’s job in to make sure it does, Continue reading →

Fox News Inveils the Unethical Poll of the Month AND Inspires a Fun New Pastime: “The Stupid Choices Game”

/ Jack Marshall / 11 Comments

A Stupid Choice classic from my youth!

Fox News is determined to show that America hates the Occupy Wall Street protesters, and keeps devising polls increasingly rigged to make their case. This morning Roger Ailes’ culture warriors unveiled a new one, so intellectually dishonest, so devoid of survey legitimacy, that it made me do a Danny Thomas spit-take that soaked my Washington Post with coffee. The question (Note: This is from memory; as of this writing, I cannot find the exact phrasing posted anywhere. When I have it, I’ll use it. This is a fair approximation, however.): “What would you want your child to do when he or she grows up?” The options: 1. Working on Wall Street 2. Occupying Wall Street 3. Neither.

The “surprising results,” as one of Fox’s cloned blond bimbo news-readers bubbled:

44% chose Wall Street

28% chose Occupy Wall Street

18% chose “Neither”

Fox financial commentator Stuart Varney was shocked that 28% would choose the protesters “who want to redistribute income!” over Wall Street. “I’m sorry,” he said, “but that is un-American.”

Oh, cool your jets, Stuart. The poll is un-American; the 28% are fine, given the dishonest, false choice presented by Fox’s poll. Continue reading →

Ethical Jobs Plan: Let’s Put Lawyers in the 99%

/ Jack Marshall / 17 Comments

19th Century American lawyer without law degree or bar exam credentials. Reputed to be effective, honest.

Despite the fact that such a change might be ruinous for me personally, since a large portion of ProEthics income comes from providing bar association-mandated continuing legal education courses on ethics, I have to endorse the arguments made by Brookings Fellow Clifford Winston and George Mason Law Professor Illya Somin for eliminating barriers to entry in the legal profession, such as mandatory law school attendance, the bar exam, and bar membership.

Winston writes:

“For decades the legal industry has operated as a monopoly, which has been made possible by its self-imposed rules and state licensing restrictions — namely, the requirements that lawyers must graduate from an American Bar Association-accredited law school and pass a state bar examination. The industry claims these requirements are essential quality-control measures because consumers do not have sufficient information to judge in advance whether a lawyer is competent and honest. In reality, though, occupational licensure has been costly and ineffective; it misleads consumers about the quality of licensed lawyers and the potential for non-lawyers to provide able assistance. Continue reading →

When Telling The Truth Is An Outrage

/ Jack Marshall / 54 Comments

"Imagine, Jay...the Republicans want to defeat me!"

President Obama visited the Tonight Show last night, and Jay Leno, as is traditional and proper on such occasions, sucked up to him with gusto. In one exchange, the President and Jay tut-tutted about Sen. Mitch McConnell’s infamous statement that the Republican Party’s objective would be to make Obama a one-term president. “How is that a goal?” Jay asked.

Is he serious? Well, okay, I know he’s a comedian and all, so maybe he’s not serious, but all the pundits and journalists and Democrats who have been squealing to the skies for two years about how McConnell’s remark proves that his party is unpatriotic, evil or racist are presumably serious, and it is disingenuous. Continue reading →

Young, Gullible, Lazy, Unimaginative and Unbelievable: I Wonder Why This Lawyer Has Trouble Finding A Job?

/ Jack Marshall / 135 Comments

Well, clearly “sign-maker” isn’t an option…

I have some observations regarding this unemployed lawyer’s lament as he Occupies Wall Street.

It is true that many law schools have been exposed lately for inflating their employment statistics. The American Bar Association announced last month that it was drafting a rule including sanctions for law schools that intentionally falsify jobs data, possibly including monetary fines or the loss of accreditation. That is as it should be.

Nonetheless, I am dubious about the sign’s 99.9% claim, especially in the absence of a named institution. Promising 100% employment to any group seems excessive, and a person of normal intelligence would, or certainly should be skeptical. Thus, after only the first line, I am dubious about the candor and/or judgment of the sign-holder.

I am also dubious about his account of his conversation with the Dean. Do you know what the unemployment rate was for lawyers in 2010, according to the U.S. Department of Labor? Continue reading →

Donna Brazile Opens An Ethics Can Of Worms On “The Good Wife”

/ Jack Marshall / 6 Comments

Is this the real Donna Brazile or the fake one?

The increasingly common practice of using real political figures playing themselves in dramas made me queasy from the beginning, and now I know why.

“The Good Wife,” CBS’s excellent legal drama now highlighting that network’s Sunday nights, has made such blurring of the real and fictional something of a trademark, featuring such real-life political power-player as Fred Thompson and Vernon Jordan in past episodes, not merely in cameos, but participating in substantive scenes as their real-life selves. Last night, Democratic Party strategist Donna Brazile, who had earlier in the day participated in Christiane Amanpour’s roundtable on ABC, played herself in the episode’s fictional meeting between her and  Eli Gold (Alan Cumming), the ethics-free campaign manager for the Good Wife’s Creepy Husband, Peter Florrick (Chris Noth). I must say, Donna Brazile made an extremely convincing Donna Brazile. She has a future in acting, as long as she can play herself. The problem is what fictional Donna Brazile told fictional Eli Gold, and the immediate, and confusing real life ethical issues it raises. Continue reading →

Getting Scrod* in Boston: The Ravages of Seafood Fraud

/ Jack Marshall / 10 Comments

“Why, certainly that’s a red snapper, sir! Just came off the boat today!!”

If there is an opportunity for profitable dishonesty that nobody is paying attention to, the overwhelming likelihood is that it will flourish to the point of becoming standard practice.

Isn’t that discouraging? I hate to write that sentence, as I hate to think or accept the conclusion behind it. Yet when I come upon a topic like seafood fraud (or fish fraud), it is hard to deny.

The Boston Globe just published the results of a wide-ranging, five-month investigation into the mislabeling of fish in the Greater Boston area and other parts of Massachusetts. The shocking results showed that Bay State consumers:

“…routinely and unwittingly overpay for less desirable, sometimes undesirable, species – or buy seafood that is simply not what it is advertised to be. In many cases, the fish was caught thousands of miles away and frozen, not hauled in by local fishermen, as the menu claimed. It may be perfectly palatable – just not what the customer ordered. But sometimes mislabeled seafood can cause allergic reactions, violate dietary restrictions, or contain chemicals banned in the United States.

“The Globe collected fish from 134 restaurants, grocery stores, and seafood markets from Leominster to Provincetown, and hired a laboratory in Canada to conduct DNA testing on the samples. Analyses by the DNA lab and other scientists showed that 87 of 183 were sold with the wrong species name – 48 percent.” Continue reading →

Ethics Dunce: Fox News

/ Jack Marshall / 6 Comments

Hang on, Rod...that phone call is coming any minute now....

Apparently to remind us that it too, like CNN and MSNBC, applies cynical and insulting standards when deciding what its audience will regard as trustworthy commentary, Fox News has announced that it is hiring former South Carolina Governor Mark Sanford as a contributor during the 2012 election cycle. Sanford was forced to resign after he shamelessly used his office as a means to conduct a long-distance adulterous romance with his South American fire-cracker soul-mate, going AWOL while supposedly doing his state’s business and lying about it in the process. Is this as bad as what Eliot Spitzer, the disgraced New York governor whom CNN deemed an appropriate hire as a the star of one of its prime time programs, did to end his political career? No. Is it still irresponsible?

Oh yes: Continue reading →