Nice Guy, Unethical Lawyer

A Massachusetts lawyer, Daniel Szostkiewicz, tried to help out a former client by hiring her as his receptionist in August 2007. She asked him to pay her “under the table,” so she could keep state health benefits for her husband, who was ill. Szostkiewicz agreed. Six months later, he fired her, and his ex-receptionist applied for unemployment. This led to the state discovering the undisclosed payment arrangement.

Szostkiewicz has received a three-month suspension, with all but one month stayed as long as he allows his law firm to be audited.

I think he got off too easy. Continue reading →

A Traveling Photographer’s Code of Ethics

The Photo Foodies have posted a sensible, compassionate, clear ethics code for photographers, particularly applicable to those working in foreign countries. It concentrates on the act of taking the photograph, not what one does with the image afterward.

Excellent work, Photo Foodies, and thanks for not calling the site “Foto Foodies.” I know it must have been a temptation.

You can read the entire post here. These are the tenets of the code: Continue reading →

Ethics, Ethics, Everywhere…

Stories with ethical implications are popping up everywhere, in many fields. I’m running hard to keep up; if you want to join the race, here are some recent developments and notes:

  • A prominent Harvard professor and respected researcher just retracted a major paper and has been put on leave, as an investigation showed irregularities in his methods and results. “This retraction creates a quandary for those of us in the field about whether other results are to be trusted as well, especially since there are other papers currently being reconsidered by other journals as well,’’ wrote one scientist. “If scientists can’t trust published papers, the whole process breaks down.’’
  • A Wisconsin lawyer bought a farm from his own client in a bankruptcy matter, a classic conflict of interest. The lawyer’s defense was amusing: since his license had been suspended, he no longer had a fiduciary duty to his now former client. The court canceled the sale. The story is on the Legal Profession Blog.

Ethics Dunces: Steven Slater Defenders

You probably have heard about Steven Slater, the Jet Blue flight attendant who snapped like dry twig when a female passenger refused to sit as instructed after a landing at New York’s JFK Airport, pulled out her luggage from the overhead compartment, bonking him on the head, then refused to apologize and cursed at him. Slater, emulating a scene from a Chris Farley movie that never got made, took to the public address system to curse out all the passengers, grabbed a beer, launched the emergency chute, slid down it, and fled the plane and the airport.

He was later arrested at home.  Sources told NBC that he was “having a bad day.”

No kidding. Continue reading →

The Strange Case of the Starving Lawyer

Newly minted and unemployed lawyer Ethan Haines has gone on a hunger strike in the name of all unemployed former law students, to protest misleading law school employment statistics, commercial school rankings, and antiquated career counseling programs. “I designated myself class representative since these students are not able to come forward themselves, for fear that vocalizing their concerns will negatively affect their careers,” he writes on his website. He is alerting various law schools about his Dick Gregory-style protest, intending “to bring awareness to the concerns of law students and recent law graduates by having them addressed by law school administrators. Their primary concerns are inaccurate employment statistics, ineffective career counseling, and rising tuition costs.” The strike, he says, “was motivated by a recent American Bar Association (ABA) investigate Report, which concluded that educational leaders are unable to timely combat the adverse affects of U.S. News’ rankings on legal education.” Continue reading →

On Unethical Tipping

I had an enlightening, even shocking, discussion last night with a young woman who waitresses as a second job. I asked her about her observations regarding customer tips during the recession and generally. From what she says, there are a lot of unethical diners out there. Continue reading →

Book Publicity Ethics

Author Jennifer Belle felt that her new book, The Seven Year Bitch, needed a more creative publicity campaign than her publicist was providing. The placed an ad in “Backstage” requesting actresses with “compelling and infectious laughs,” to read her book on the subway and at New York City landmarks for $8 an hour. This was enough to interest the New York Times  in sending a reporter to cover the auditions, and then Belle sent the actresses she selected out in teams of two to the steps of the Metropolitan Museum of Art, the steps of the TKTS booth in Times Square, Washington Square Park, and the subways. They read the book out loud, laughing their infectious laughs, and when asked, told onlookers about the wonderful book they were reading. Continue reading →

Gift or Bribe? Barry Bonds’ Generosity to the NABJ

Barry Bonds, the retired baseball slugger who used banned or illegal performance enhancing drugs to fuel a late-carer transformation that allowed him to grow from merely great into Superman, breaking every home run record in sight as a result, has adamantly maintained his innocence despite a mountain of circumstantial evidence, positive drug tests, and the verdict of common sense. He has also played the race card when it seemed convenient to his cause. Bonds’ cheating ways have made him rich beyond belief, and his only real problems now are 1) the likelihood of a Federal perjury trial next year in connection with his Grand Jury testimony that he never knowingly took steroids, and 2) the fact that few of the sportswriters who vote for the Hall of Fame seem inclined to enshrine steroid cheats, based on their rejection, so far, of Mark McGwire, whose steroid-assisted single season home run record Bonds broke while he was especially pumped-up.

Both of these problems could conceivably be helped by some positive press opinion, something that Bonds has never cultivated, being inclined to treat all journalists as if they were something he had to wipe off the bottom of his shoe. Thus it raised eyebrows when  it was announced that the charitable foundation created and controlled by Barry Bonds has donated $20,000 to The National Association of Black Journalists. NABJ president Kathy Times told the Associated Press that the money will be used to fund an annual award promoting entrepreneurial spirit. Continue reading →

Congressional Ethics and Race: A Quiz

QUESTION ONE: If you are the House Ethics Committee, and you find that investigations of two prominent House members have resulted in convincing evidence of serious wrongdoing and ethics violations, and they both are African-American, the most ethical course is to: Continue reading →

Charlie Rangel’s Defense and Buster Olney’s Fallacy

Charlie Rangel’s defense against the ethics charges against him is, in part this: I’m not the only one, so it’s unfair to punish me.” From the Washington Post:

“He was not the only lawmaker to solicit donations in this manner, his lawyers argue, saying that peers who did the same thing were not punished. With a trial of Rangel by the House ethics committee possible by mid-September, his legal team reached across the Capitol to point a finger at Senate Minority Leader Mitch McConnell (R-Ky.), who helped raise money for a center named for him at the University of Louisville. Rangel’s team cited similarities with the recently deceased Sen. Robert C. Byrd (D-W.Va.) and with former Republican senators Trent Lott (Miss.) and Jesse Helms (N.C.).”

OK, a question: what’s the matter with that argument? Continue reading →