Professions

Ethics Hero: Boston Sportswriter Pete Abraham

/ Jack Marshall / Leave a comment

I try to keep the number of Ethics Heroes and Ethics Dunces in rough balance here, and sometimes I despair of how few of the former and how many of the latter I have to choose from. Perhaps part of the problem is that good conduct is more common than bad conduct, and thus has to be especially flashy before the media notices. Or perhaps I am not giving sufficient credit to small, ethical gestures that in their own way make a difference.

This brings us to Pete Abraham, a writer on the Red Sox beat for the Boston Globe. Pete writes the “Extra Bases” blog, and does something that I have not seen before. At the end of his post every morning, Pete signs off with, “Thanks as always for reading the blog.”

It is a small but genteel exhibition of civility and manners that, for me at least, serves the same purpose every morning as Ben Franklin’s Daily Questions. It sets the ethics alarms for the day and reminds me to not get so focused on work, tasks and problems that I forget to help smooth out the edges for those around me.

I’ve never met Pete Abraham, but I hope I do some day. He is obviously a kind and caring person who understands the importance of civility. He knows how to set his ethics alarms.

And best of all, he’s a Red Sox fan.

Oh—I almost forgot! “Thanks as always for reading the blog.”

Making Sure Your Shrink Has Only Your Needs in Mind

/ Jack Marshall / 3 Comments

Psychiatry and psychoanalysis were supposed to transform humanity for the better by allow us to understand what makes us happy, sad and crazy and to control it, rather than to let it control us. But after a century that witnessed  Woody Allen undergoing intense treatment for decades that resulted in his marrying his step-daughter (and feeling darn good about it!), the profession is increasingly resorts to a shrug and a prescription. The good news is that many of the new drugs seem to do the job a lot better than Dr. Freud’s couch; the bad is that psychiatrists are often conflicted by their financial ties to drug companies.

Writing in the current issue of the Journal of the American Medical Association, Dr. Thomas Insel, Director of the National Institutes of Health, states that American psychiatrists need to reform a “culture of influence” that has been nurtured by too many goodies offered to doctors by pharmaceutical companies and happily accepted, including big ticket items like research grants, trips, fees for writing friendly journal articles and entertainment, and smaller trinkets like coffee mugs. Continue reading →

Provocative Ethics Reading for a Sunday

/ Jack Marshall / 3 Comments

If your endangered Sunday newspaper is as shrunken from cost-cutting as mine, you may need some extra reading material as you wait breathless for the results of the House vote on health care reform. Here are some provocative ethics pieces from around the web:

Ethics Dunce: ABC News

/ Jack Marshall / 9 Comments

Watching the ethical standards of the major network news department crumble away is like watching a sand castle  on the beach disintegrate with each new wave. There really is no resistance, or hope. It is just a matter of time.

Thus the announcement that ABC News paid $200,000 to Casey Anthony, the Florida woman who is accused of killing her two-year-old daughter, Caylee, comes as not so much of a surprise as just a further peak at the inevitable. Critics are pointing with outrage to the fact that ABC announced that it is cutting hundreds of jobs, as if this is somehow hypocritical. In truth, they are two sides of the same coin. Journalistic ethics have always been the most fragile of professional ethics systems, more dependent on success than principle. When there was limited competition, the networks could burnish their images by conforming to ethical standards and making sure everyone knew it. Now, however, web-based news, blogs and cable news networks are carving up their pie. Most of the consumers of news don’t care about ethics, and the National Enquirer, which has always practiced checkbook journalism, is up for a Pulitzer. Continue reading →

Ethics Dunce: Judge Darrell Russell

/ Jack Marshall / 6 Comments

Domestic abuse is a crime, a social malady and a sickness, one that frequently afflicts both the batterer and the victim. It is an especially infuriating crime to prosecute, because the couple drawn together in an abusive relationship often form bonds that even the threat of injury and death won’t loosen sufficiently to allow one party to testify against the other. Thus domestic abuse goes unpunished more often than not, and some prosecutors have decided that in the interest of society, these cases need to be prosecuted whether the beating victim likes it or not. They are correct. Violence and battery are crimes against the state, not just one individual. There is not much a prosecutor can do, however, when the judge is an Ethics Dunce, prepared to go the extra mile to free a loving couple for future mayhem. This brings us to the case of Baltimore Judge Darrell Russell,who recently charted new waters in judicial abuse of power, arrogance, incompetence, and irresponsibility. Continue reading →

Ethics Quote of the Week

/ Jack Marshall / 10 Comments

“One of my students this year has a vaguely Hispanic name but is literally the whitest girl you’ve ever met. Her mother straight out asked, ‘If we mark she’s Latino on the application, is that something that they would ever challenge?’ I told her honestly my best guess, which was no. And, if early admissions are any indication, it seemed to work.”

—-A  guidance counselor (and former Ivy League admission officer) at a private school in the South, quoted by Kathleen Kingsbury in her report for The Daily Beast on dubious college admission tactics.

This, of course, is completely unethical for both the student and the counselor, who is exactly like a tax attorney or accountant who lets a client know that his fraudulent return will almost certainly not be audited by the I.R.S. Both of those professionals violate their ethics codes by aiding and abetting such conduct, and the quoted counselor is just as bad.

What should the counselor have said? Continue reading →

More “The Good Wife” Ethics

/ Jack Marshall / 7 Comments

The CBS legal drama “The Good Wife” has a good cast, well-scripted stories, and apparently a preference for misleading the American public on attorney ethics. Here’s the setting for its most recent set of gaffes: attorney Alicia Florrick (Julianna Margulies) and her supervising partner are battling an evil insurance company (you didn’t really think Hollywood would stay on the health care reform sidelines, did you? With a big vote coming up? ) that refuses to pay for in utero fetal surgery necessary to save an unborn baby from certain death. The insurance company’s attorney has a strong case, but offers a deal: it will pay for the surgery if Florrick’s firm will drop a class action lawsuit against the company. The partner, Will Gardner, refuses the offer: many other desperate members of the class need to make the insurance company pay for treatment, and besides, the law firm, which is in dire financial straits, needs the income that the class action might generate.

There are three things ethically wrong here: Continue reading →

Legal Advertising Ethics: The Public’s Not THAT Gullible, 2nd Circuit Rules

/ Jack Marshall / 2 Comments

The fact that lawyers are prohibited by their professional ethics standards from engaging in conduct that is misleading or dishonest has caused many state bars to hold the profession to restrictions on advertising that would ban most of the TV commercials we see every day for any other product or service. For example, lawyers cannot engage in self-praising hyperbole and say, for instance, that the Firm of Slash and Burn is “the best real estate law firm in Miami,” because the statement is not objectively true or cannot be proven to be accurate.

While many states have gradually surrendered in the battle to keep lawyer advertising unusually forthright and dignified (you can see what monstrosities this has wrought here) New York actually toughened its lawyer advertising rules a few years ago, decreeing.. Continue reading →

John Adams: Conflicted?

/ Jack Marshall / 1 Comment

John Adams’ heroic defense of the British soldiers accused of murder in the Boston Massacre has moved to the front of the line in the competition for favorite historical comparison to the controversy over the so-called “Al Qaeda 7,” the Justice Dept. attorneys under attack for their former representation of Gitmo prisoners. Over at The Legal Ethics Forum, law professor Richard Painter has posted a fascinating essay on John Adams’ own ethical conflicts in his most famous case, and they were far from minor. You can, and should, read it here.

Ethics Dunces: Prof. Peter Tague and Chief Justice John Roberts

/ Jack Marshall / 4 Comments

In today’s world of text-messaging, Twitter, Facebook and e-mail, intentionally throwing a rumor into a crowded room is only marginally better than falsely shouting “Fire!” in a crowed theater. Thus Ethics Alarms regretfully has to pronounce Georgetown Law Center professor Peter Tague’s puckish stunt of last week irresponsible and unethical.

Demonstrating how unreliable it was to accept media accounts from un-named sources, Prof. Tague told his first year law class that he had learned from a “reliable source” that Chief Justice John Roberts was about to announce his retirement. Some nimble-fingered Twitter-user (or many) promptly sent the rumor into cyberspace, where it rapidly found its way onto scoop-hungry websites, especially those made giddy by the prospect of President Obama having the chance to replace one of the Supreme Court’s most conservative judges with a progressive one. By the time Tague announced to the class that his “scoop” was a fraud, just thirty minutes later, the fake story was multiplying like a virus. Continue reading →