An Unethical Ethics Conference

The Fourth International Legal Ethics Conference at Stanford Law School has lined up  over 100 speakers. It is giving them no honorarium, hotel, meals or travel expenses, and despite the fact that they are providing the content and attraction for the event, the Conference still requires them to pay  registration fee of $350. Stanford is also charging its students a registration fee to attend, generously reduced to “only” $250.  But the conference can afford to be so generous, because it will also be getting registration fees from lawyers who are required to fulfill bar-mandated Continuing Legal Education requirements.

I have argued, and behavioral science suggests, that thinking about ethics helps one’s ethics alarms work well and often. The Stanford Conference suggests that either this is not as certain as I believed, or that the people running the ethics conference don’t actually think about ethics, which, if true, adds fraud to their list of ethical outrages.

The unfair and irresponsible requirements of the Stanford event has prompted least one prominent legal ethicist, Prof Monroe Freedman, to abandon plans to attend, saying, “I’m a card-carrying capitalist, but this kind of exploitation in the name of ethics could turn me into a Marxist, or a cynic.”

We should be concerned about a culture whose those in the ethics business are increasingly unethical. The sad lesson seems to be that when there is a conflict between commerce and ethics, commerce wins.

Trust, Redemption, and Bank-robbing Lawyers

The story of Shon Hopwood is certainly an inspiring one…so far. While serving more than a decade in federal prison for a series of armed robberies, his time in the prison law library turned him into an expert in case law, and he pulled off a rare feat: a petition for certiori he prepared on behalf of a fellow prisoner successfully persuaded the U.S. Supreme Court to review the case. Now Hopwood is out of prison, and is turning his life around. He has been working as a paralegal, he now has a family, and at 34, he plans to apply to law school.

It is likely that a law school will admit him, but not at all certain that any state bar would give him a license. Can a former bank robber pass the profession’s character requirement? Should he, no matter how good he is at writing Supreme Court briefs? Continue reading →

One More Reason to Distrust Banks

National Public Radio did a feature on foreclosure auctions, following one real estate investor as he sought a bargain at an auction in Boston. The auction held a surprise for the investor, the reporter, and me. After the young man who was being followed by the NPR correspondent won a lively bidding battle for a $300,000 house at the bargain price of $84,000, the bank refused to sell it to him. The reason: the auction was a “reserve” auction rather than an “absolute” auction, meaning that there was an unpublished price at which the bank would sell the property, but winning bids below that amount could be rejected. The investor was angry. The NPR reporter was confused.

The auction was rigged. Continue reading →

The Seattle Beating Tape: “Just Following Orders”

I know the Nuremberg defense when I hear it, and this is the Nuremberg defense.

The release of a January security video from a Seattle transit station has triggered a public uproar, and no wonder: it shows a group of girls brutally beating a young woman, including kicks to her head, as three security guards stand by, watching, doing nothing. Well, not exactly nothing: they did call for help.

Gee, thanks, guys. Would you tell them to bring some aspirin, an ice pack and a stretcher while you’re at it?

Seattle officials say that the guards appear to have done their job properly. The training manual the guards follow says “Never become involved in enforcement actions.” Continue reading →

The Not-So-Baffling Mystery of the Missing Ethics Rule

ABA  Model Rule 7.6: Political Contributions To Obtain Legal Engagements Or Appointments By Judges
A lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.

That’s pretty clear, is it not? The American Bar Association, in its Model Rules of Professional Conduct, now followed (in various, eccentric forms, to be sure) by 49 states, the District of Columbia and Puerto Rico, emphatically declares that “pay-to-play” arrangements are unethical for lawyers even in states where the sleazy practice might be legal. “Pay-to play” is, after all, classic corruption, older than Mayor Curley, Richard Daley, Boss Tweed and Mister Potter. Lawyers contribute big bucks to the campaign funds of state and local powerbrokers, including Attorneys General and judges, and get big state contracts in return. It is indefensible ethically, although you can find plenty of people who will defend it, their tongues crossed tightly behind their backs all the while. Continue reading →

Ethics Trainwreck in Kermit, Texas

In the tiny west Texas town of Kermit, just north of Mexico, an ethics train wreck is underway that may have long-term consequences far beyond the Lone Star State.

Anne Mitchell, a nurse with an impeccable record, became disturbed at the conduct of a physician at the Winkler County hospital where she worked. After unsuccessfully attempting to get hospital administrators to deal with what she believed was a matter of patient endangerment, she sent an anonymous complaint to the Texas Medical Board. This was a classic whistle-blower situation, protected by law and encouraged by the ethics code governing nurses. Unless she trumped up her accusations for a personal vendetta, she did exactly what the medical profession says she has an obligation to do, a responsible act of medical system self-policing that all too few nurses are willing to follow. Continue reading →

“Professor”= Racist?

The academic world has its robes in a bunch because critics of President Obama are increasingly calling him “Professor,” and not as a compliment. Various blogs and academic websites are attributing this to the anti-intellectualism of the Right, the populist dislike of academic elites, contempt for higher education, and other motives that confirm the author’s own biases.

Silly me: I naively assumed that they called Obama “Professor” because he was one, and also because his demeanor, speaking style and fondness for lecturing are professorial. Continue reading →

Ethics Quote by an Ethics Hero: Adm. Mike Mullen

“No matter how I look at the issue, I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens.”

—U.S. Joint Chiefs of Staff chairman Adm. Mike Mullen

Admiral Mullen made the statement testifying last week to the Senate Armed Services Committee, as he urged the repeal of the military’s “don’t ask, don’t tell” policy that permitted the military to discharge gay personnel once their sexual orientation became known, by whatever means.

[Special thanks to the Institute for Global Ethics for reminding me (via its weekly e-mail bulletin] that I had neglected to give Mullen credit last week for a much-needed endorsement of this policy change from a military leader of impeccable credibility.]

Beware of Ethicist Ethics

On Ethics Alarms, as with its progenitor, The Ethics Scoreboard, commenters frequently accuse me of manipulating ethical arguments to endorse or support a political agenda. I often find such comments unfair, intellectually lazy and wrong, but please, keep making them. Avoiding a political or ideological slant is one of the most challenging tasks in rendering ethical analysis, and it is so easy (and tempting) to fall into the trap of letting bias rule reason that it helps to be regularly smacked upside the head.

Even with repeated smacks, true objectivity is nearly impossible in ethics, because of the central role played by ethical conflicts—not the ethical problem of conflicts of interest, but the philosophical problem of designating priorities among competing ethical values. Ethical conflicts require choosing which ethical value yields to another: a doctor knows a patient is dying and that nothing can be done. Is the ethical course to be honest, or to be kind? In public policy, ethical conflicts abound, and often involve deciding between two different versions of the same ethical value. Which version of “fair” is fairer, for example: allowing a talented, hard-working individual to keep the money she earns for her and her family, or for her to have to share some of that money with others, perhaps less talented and hard working, but also perhaps less fortunate, who do not have enough to survive? Ethical problems pit compassion against accountability, responsibility against forgiveness, autonomy against fairness, equity against justice. Continue reading →

NPR Shows How Bad Opinions Get Made

Dan Ariely is a behavioral economist at Duke University who struck gold with his Malcolm Gladwell-esque airplane book, Predictably Irrational. The book discussed his work in human behavior and how apparently irrelevant or minor factors affect our behaviors in significant and surprising  ways. I like the book, and I like Professor Ariely, but I now suspect him of using the American public as his guinea pigs for Best Seller #2,  and of rigging the experiments in the process. Continue reading →