Professions

Before The Rot Set In: Wendell Willkie And James Beggs [Corrected]

/ Jack Marshall / 11 Comments

A quote in an obituary for long-time NASA chief James Beggs, who died this week at the age of 94, shocked me into realizing once again how alien basic ethics have become to our leaders in business, government, politics…hell, just about anywhere.  And once again, I’m wondering what good I’m doing, and why I bother.

Beggs had overseen more than 20 successful space shuttle launches, but he was on administrative leave due to an investigation of his conduct when the Challenger launched and exploded in 1986. As we have discussed on Ethics Alarms, a landmark example of failed ethics and decision-making caused the temporary leadership of NASA to ignore dire warnings from two engineers and send the shuttle and its precious human cargo up in dangerously cold weather.  Indeed Beggs called NASA  from his exile that fateful day to express his concern about icing. He resigned from NASA in 1986, about a month after the Challenger disaster.

Beggs was reluctant to criticize his former agency’s culpability in the accident, but he was adamant that “they shouldn’t have launched.”  “Whether I would have done anything different at the time, I’ve thought about that,” he said. “I think I would have, but that’s pure conjecture.”

Remarkable. How often does a critic of a past decision have the intrinsic fairness and integrity to say that? The Wuhan virus landscape has been polluted by extravagant and unjust second-guessing from the start, as everyone from politicians to pundits to plumbers are just certain that they would have known how to handle an unprecedented situation with significant unknown factors and substantial risk. They would have reached a different, quicker,better approach than the individual who actually had to make the call.

It’s a disgusting spectacle, and an unethical one. The “right” decision can always be made to seem obvious after the fact; critics cannot possibly know what their state of mind would have been at the actual time the decision had to be made by someone else. Beggs’ acknowledgement of that, in a situation where he could have credibly second-guessed his colleagues without equivocation, demonstrates the character of a decent and ethical professional determined to do and say the right thing even when opportunities are present for personal gain.

That story, in turn, reminded me of…Wendell Willkie. Continue reading →

Saturday Ethics Warm-Up, May 2, 2020: Paid Liars, Paid Corrupters…

/ Jack Marshall / 19 Comments

Beautiful day!

Outside.

1. Feel the restraints on free expression that inconveniences ideological agendas tightening? I do… A couple of friends and commenters confirm that Zscaler, a service many companies use to monitor and block employee traffic on the web, blocks my ethics blog as containing “Pornography, Adult Content, Nudity, Hacking, Illegal, Racism, Hate or Violence, Phishing.”  Nice. So good for my reputation and business too.

2. It’s past time to conclude that no polls are trustworthy, and no one who cites polls as evidence regarding public opinion is trustworthy. All week long I’ve been reading progressive blogs  and sites telling us that the President’s support as measured by the polls is “collapsing.” Then today I see the latest Gallup survey claims that 49% of adults approve of the President’s performance, up from 43% two weeks ago. That would be the highest yet according to Gallup, if you trust any of these things now. I don’t, and you shouldn’t. Continue reading →

Boy, This Guy Must Be One Hell Of A Lawn Mower!

/ Jack Marshall / 5 Comments

This is going to be uncharacteristically short, but I feel the story deserves its own post

The Ohio Supreme Court has indefinitely suspended lawyer Austin Roan Buttars of Dublin, Ohio for transferring more than $147,000 from the accounts of a mentally ill client though the lawyer and his law firm were only owed about $19,000. Buttars acquired the other $128,000 by stealing from  or overcharging the client

Not that he didn’t work for his money. For example, the Court found that Buttars  charged his legal hourly rate for mowing her lawn.

I just thought you should know.

Ethics Quiz And Poll: The Nurse Practitioner’s Dilemma

/ Jack Marshall / 58 Comments

Sure.

It is seldom that I strongly disagree with NYU philosophy professor Kwame Anthony Appiah, “The Ethicist” of the New York Times Magazine’s long-running advice column. A month ago I did, and emphatically so.

The question posed to him involved a professional ethics dilemma, and “The Ethicist” was so certain he had the correct answer that he was uncharacteristically terse about it. I’m pretty certain about the answer too, except that my certainty is that he’s wrong. But I have some doubts, based on my ethical positions in related situations.

The inquirer was a a nurse practitioner working at a primary care clinic for low-income patients. She said that a 16-year-old patient told her that she had stopped coming by the clinic to have her birth control pills replenished because she and her partner were trying to have a baby together. She had been having unprotected sex for  a while, and she was concerned that she might have some physical problem preventing her from conceiving. The nurse practitioner asked,  “Would it be ethical for me to steer her away from trying to get pregnant? …Or, as her health care provider, do I have an ethical duty to try to help her conceive?”

Appiah doesn’t see any wiggle room. He says,

“You’re her health care provider. You should certainly tell her about the medical consequences of pregnancy. But the social and economic consequences don’t fall within your professional competence. An intervention about her life choices may seem moralizing and intrusive to her, and it could drive her away; and then she’d be losing your guidance on the things you are trained to help her with.”

Really? Continue reading →

A Professional Ethics Case Study…From Broadway

/ Jack Marshall / 9 Comments

Before you read the post, can you guess who that actor is in the Afro?

Lately I’ve been helping a lot of lawyers seeking to create so-called Rule 5.4 law firms in the District of Columbia. In these firms, unique to the District, non-lawyers can be full partners. This means that they can share in the firm’s fees, which is something otherwise forbidden and a major ethics breach in the 50 states. Lawyers cannot, must not, dare not share their fees with non-lawyers…unless those non-lawyers are partners in the same firm.

There are certain requirements for that to happen, and the main one is that the non-lawyers must be supervised by a lawyer in the firm to ensure that the non-lawyers don’t engage in conduct that would be unethical for a lawyer.  The legal profession is justifiably wary that the unique priorities of the legal profession cannot be easily absorbed or understood by those who have been trained and influenced in a different culture.

It is right to be wary. Lawyers have enough trouble avoiding violations of their own rules; doctors, accountants and others, steeped in different alignments of values, can’t just shift gears like suddenly being in a law firm is like test driving a sports car. For so-called “non professionals,” a category that is increasingly contentious, it may be even harder to adjust, if not impossible.

Lawyers are often  overly optimistic about their non-lawyer partners’ ability to learn the importance of keeping all client confidences, not crossing over into the unauthorized practice of law, sensing possible conflicts of interest and illicitly soliciting clients, or engaging in misrepresentation and deceit, to name just a few. Lawyers tend to think that all professional ethics should be fungible. It’s a dangerous misconception, and there is a little cautionary tale from, of all places, Broadway, that illustrates it.

It has been mostly forgotten, but in 1969, a musical called“Buck White” opened at the George Abbott Theater. Its unlikely star: draft-resisting ex-heavyweight boxing champion Muhammad Ali.

Yes, you read that correctly. Continue reading →

Now THIS Is An Unethical Lawyer. Yes, I Am Confident That I’m Not Jumping To Conclusions Here…[CORRECTED]

/ Jack Marshall / 10 Comments

John Gillespie, a  criminal defense lawyer in Melbourne, Florida, was arrested in a law enforcement sting operation over the weekend  for using his legal practice to recruit young female clients into a prostitution ring that he ran out of his home.

And you thought “Better Call Saul” was disillusioning…

The Orlando Metropolitan Bureau of Investigation found evidence that Gillespie “would initiate women he represented on criminal charges into prostitution or exchange sex acts for legal fees.” A former law firm employee tipped off the agency, explaining that she had helped Gillespie recruit women and girls into sex trafficking. Continue reading →

Which Part Of “A Judge Shall Perform Judicial Duties Without Bias” Confuses You, Your Honor?

/ Jack Marshall / 15 Comments

Here are a few provisions of the Texas Code Of Judicial Conduct:

  • From the Preamble: “Intrinsic to all sections of this Code of Judicial Conduct are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system.”
  • “A judge shall comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.”
  • “Canon 2: Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities”
  • “A judge shall not allow any relationship to influence judicial conduct or judgment. A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge.”
  • “A judge shall perform judicial duties without bias or prejudice.”
  • “A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, and shall not knowingly permit staff, court officials and others subject to the judge’s direction and control to do so.”
  • A judge shall conduct all of the judge’s extra- judicial activities so that they do not cast reasonable doubt on the judge’s capacity to act impartially as a judge..
  • “A judge may participate in civic and charitable activities that do not reflect adversely upon the judge’s impartiality or interfere with the performance of judicial duties.”

OK, now you’ve read  that, as presumably all Texas judges have. Now, if you were Bexar judge Rosie Speedlin Gonzalez, would your judicial ethics alarms start sounding as you considered displaying a rainbow flag in your courtroom, using a rainbow pen, a rainbow mouse pad and a robe with a rainbow-style strip of Mexican blanket design? Continue reading →

Saturday Ethics Warm-Up, 4/18/2020: The “ARRGGH!” Edition

/ Jack Marshall / 9 Comments

A weekend?

Frankly, at this point, I can’t tell the difference.

1. ARRGH! Trump Calls For An Insurrection! I must say, having a President who is 12 does create problems. The President’s juvenile “Liberate Michigan!” tweet naturally had the “resistance” in an uproar; the Washington Post even dug up a lawyer from the Obama administration who was willing to write an op-ed seriously arguing that he had advocated the overthrow of the government. Oh, great, I can’t wait for Adam Schiff to try to impeach him for a tweet that had the gravitas of graffiti.

If one concedes that the President should tweet at all—and since he refuses to use any filters whatsoever, I don’t concede that; I doubt that anyone who wants to maintain credibility and trust should tweet—then urging the states to start nudging the economy back into operation is a legitimate objective, and so is opposing outrageous meat-axe over-reach by governors. mayors and police that abuse civil rights—like banning the sale of seeds, or being alone in a car. However, as I am sick of saying, the President’s mode of communication does not include nuance, which makes tweets like yesterday’s irresponsible and incompetent

2. “ARRGH! I’ve been infected!”  When the going gets tough, the tough get scamming. In Arcata, California, a fake on-line ordering webpage named “Order Hero” copied web pages from local restaurants including phone numbers, addresses and actual menu items. Customers accessed the  website through Google, then provided credit card information to order food.  When the victims arrived at the restaurant to pick up their order, they learned no such on-line ordering services existed.
Continue reading →

Fredo Snaps

/ Jack Marshall / 10 Comments

Chris Cuomo is a fascinating case. Maybe someone will write an opera about him.

He’s the younger, less ambitious, less accomplished son of a popular and (in some circles) revered governor of New York. If the term privileged has any meaning at all, it applies to him. He graduated from elite schools, including law school, but as he has proven again and again, he neither acquired any skill at critical thinking, nor at legal reasoning and the basic principles of law. He’s emotional, and not very bright. The younger Cuomo was blessed with good looks, a usually amiable nature, and charisma, and these, along with some excellent contacts, were enough to get him an anchor’s position on CNN. In this position he has embarrassed himself repeatedly; fortunately for him, the news organization he works for has become immune from embarrassment, as evidenced by the fact that it also  employs Brian Stelter and Don Lemon, among others.

Every now and then his amiability is cracked open to reveal the traditional frustration and anger of the lesser son. Cuomo erupted a while back when he was first referred to as “Fredo,” alluding to the elder but mentally deficient son of Vito Corleone in the “Godfather” saga. The nickname is mean but apt, and frankly, as long as CNN allows someone of Chris Cuomo’s limitations to pretend to inform its audience, it is also useful. Cuomo is a fraud, and by presenting him as a trustworthy journalist, CNN is mistreating its audience. Yes, I’m sure Cuomo does the best he can, but then, so did Fredo Corleone.

Cuomo is ill with the Wuhan virus, and quarantined. I’m sure this is hard for him, but his stresses are still less than those of most Americans. He’s broadcasting (and making a fool of himself) from home; he’s getting a 7-figure salary; his ordeal is relatively minor.

Apparently a confrontation with  someone Cuomo considers one of the little people  on Easter Sunday caused the CNN anchor to snap and reveal the turmoil within, much like Fredo in his famous lament to Michael in “Godfather II.” On his Sirius-XM  satellite radio show, Cuomo vented about the incident, in which a stranger on a bicycle confronted him on Easter Sunday for being outside his Southampton home with his family despite the positive Wuhan virus diagnosis. Continue reading →

BREAKING (And Astounding): A Smoking Gun Inside A Smoking Gun!

/ Jack Marshall / 20 Comments

 

The New York Times just published an interview with its editor, Dean Baquet. You, everyone needs to read it. I’m want to minimize commentary, because I think–I think–that the interview  speaks eloquently for itself. What it says, amazingly, is that the New York Times is exactly as biased and partisan as its critics have said it is, and yet is somehow both in denial and incapable of making  coherent statements adequate to the task of fooling anyone who isn’t already on the “team” and committed to its mission. That the paper would subject its own editor to an interview—the interviewer is ex-BuzzFeed editor Ben Smith–that exposes the Times’ unethical manipulation of news and reveals the Times’ own editor as a babbling, rationalizing, spinning and obfuscating fool is incomprehensible.

And the Times published it! How can that be explained? Did the paper want to confess? That can’t be it. Is the Times so completely delusional that they don’t see how awful and incriminating Baquet’s answers are, that they are signature significance for an editor of exactly the kind of newspaper those who resent American journalism turning into partisan propaganda have been saying it is?

Is Baquet, who had to approve this, that certain that his readers have been so corrupted, or are so gullible, that they wouldn’t derive the obvious conclusion from his  double-talk?  Really?

One exchange is sufficient to make the point. Here Smith asks about the fiasco Ethics Alarms covered here, when the Times wrote, of its investigation of Tara Reade’s allegations, “The Times found no pattern of sexual misconduct by Mr. Biden, beyond the hugs, kisses and touching that women previously said made them uncomfortable.”

Smith: I want to ask about some edits that were made after publication, the deletion of the second half of the sentence: “The Times found no pattern of sexual misconduct by Mr. Biden, beyond the hugs, kisses and touching that women previously said made them uncomfortable.” Why did you do that?

Baquet: Even though a lot of us, including me, had looked at it before the story went into the paper, I think that the campaign thought that the phrasing was awkward and made it look like there were other instances in which he had been accused of sexual misconduct. And that’s not what the sentence was intended to say.

“The campaign thought that the phrasing was awkward and made it look like there were other instances in which he had been accused of sexual misconduct.” This was left in the interview! The statement means the New York Times was coordinating its reporting of a serious  charge against against the presumptive challenger to President Trump with that challenger’s campaign, and now sees that kind of—shall we say collusion?—as so routine that the editor doesn’t even think it’s damning. Continue reading →