Professions

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 →

On The Recent Steele Dossier Revelations: An Open Letter To An Un-Named Former Ethics Alarms Commenter, Written In Disappointment And Disgust

/ Jack Marshall / 100 Comments

Dear You Know Who You Are,

As you remember, well over a year ago you staged a grandstanding, insulting exit from participation on this blog, declaring that I had “drunk the Kool-Aid.”  Your false claim was provoked because I had successfully navigated through  lies, calculated disinformation and lawbreaking—engineered by those within and without the U.S. government—to conclude that a coordinated effort had been and was underway to overthrow the elected President of the United States. At this point, the fact that your accusation was based on your own blindness and bias is not subject to rational denial or debate.

I knew that at the time, of course. I also felt, and feel, that for you to behave that way, in public, here, was a personal as well as a professional betrayal. We had, I thought, a cordial and mutually respectful relationship. We had exchanged details about the high and low points of our lives face to face.  We are in the same field and profession. I trusted you.

I have provided you some slack in my ultimate judgment on your character because I know that, as we say here often, bias makes us stupid, even the best of us. I have seen this particular bias make many people, even some smarter than you, as difficult as it may be for you to conceive of that, both stupid and  destructive, apparently without a glimmer of self-realization. I recognize that it the phenomenon is, at this point, indistinguishable from an illness, one triggered by emotion and group-think. Thus I am, up to a point, sympathetic, just as I am regarding so many of my Facebook friends who figuratively make asses of themselves every single day  because they are addicted to “likes” and peer approval. Some of them are even lawyers, but you know…lawyers. That is a professional group, along with historians, politicians, historians, scholars, psychiatrist, educators and, of course, journalists, that has broken its duty of trust with the public as it joined a dangerous and unconscionable effort to break our democracy. Continue reading →

Unethical Headline Of The Week, “Nah, The News Media Isn’t Promoting Fear And Panic” Division

/ Jack Marshall / 15 Comments

What possible excuse can there be for this? There is none.

Let’s start with the “six wars combined” stat. That doesn’t count the  top six wars in  US history in combat deaths, each of which  also happen to have  had more than 10,000 deaths. The “battlefield” modifier is also a cheat: the headline actually calls deaths from the disease “battlefield deaths”! They aren’t battlefield deaths.  Meanwhile, the two earliest major wars in our history both had more than 10,000 military deaths, which is the usual way we tote up such things. The next three combined, The Iraq War (#9), the Philippine-American War (#10), and the Spanish American War (#11) add up to more than 10,000, so to  get to six you have to  carefully work around the list and drop in some wars nobody remembers.

But who thinks like that? We have have over 40,000 suicides every year. Almost 40,000 die ever year from car accidents. About 35,000 die every year from falls. 10,000 is less than the typical year’s deaths from fire, choking and drowning, and so what?

The headline is yet another cognitive dissonance trick: war is something we regard as especially horrible, so the idea is to get the public to associate the epidemic with wars, which involve violent death. Yeah, let’s really scare them .But the Wuhan virus has nothing to do with wars. The comparison doesn’t belong in the story, much less the headline. Comparing it with other pandemics and epidemics would be misleading enough.

The news media’s coverage of the Wuhan Virus epidemic  has been uniformly despicable: sensational, politicized, unreliable. At a time when a competent, objective press and broadcast media is essential—it always is, but in a national emergency especially so—journalism has dived to a new low.  None of the news media is beyond reproach: Fox News has frequently taken the opposite approach to the rest, hyping skepticism about the seriousness of the outbreak and various doomsday models, and spreading rumors and speculation as fact. Continue reading →

Sunday Morning Alarms, 4/5/2020: After The First Two Items, You Won’t Want To Read Any More And Will Just Go Back To Bed…

/ Jack Marshall / 27 Comments

….like I did…

1. KABOOM! Pennsylvanian Anita Shaffer, 19, decided to flee her York County home  a week ago for a mental health drive.  On her way back home, two Pennsylvania State Police officers stopped her about her car’s faulty tail-light. While talking with the officers,  Shaffer told them that she was just “going for a drive.” In response, they wrote her a ticket for more than $202.25 for violating the Pennsylvania Governor Tom Wolf’s stay-at-home order.

That’s the citation above. It says Shaffer “failed to abide by the order of the governor and secretary of health issued to control the spread of a communicable disease, requiring the closure of all non-life-sustaining businesses as of 20:00 hours on March 19, 2020. To wit, defendant states that she was ‘going for a drive’ after this violation was in effect,”

State police spokesman Ryan Tarkowski explained the ticket, saying, “Troopers have been encouraged to use contacts with the public as opportunities to reinforce the necessity to abide by stay-at-home orders.”

And how, exactly, does ticketing an individual who is engaged in conduct that cannot possibly infect anyone  accomplish  that?

Well, Tarkowski blathered,  being a soulless bureaucrat incapable of admitting that THE STATE is full of it in this case, “Troopers maintain discretion to warn or issue citations and the decision is specific to the facts and circumstances of a particular encounter.”

Fine. These facts do not justify a ticket by any stretch of the imagination. The officers’ discretion shows they are not qualified to wield the power they have. Indeed, the citation magnifies the extreme arbitrariness of such orders, and their danger when those charged with enforcing them have the judgment of Gestapo officers.

I’m surprised the cops didn’t slap her around a little, shoot her in the kneecap or even rape her, you know, to show the defiant prole who’s boss and not to ever, ever defy Big Brother.

Tarkowski also said Shaffer’s citation is the only one issued for violating the stay-at-home order. It’s good that the police picked a representative one to symbolize the Pennsyvania message to it’s citizens, which is apparently, “You will do as you are told, underlings.”

Well, not to be crude, but screw that.

Shaffer told reporters  she was within her rights to operate her car, and plans on challenging the citation.  Good. And again I ask, where is our vaunted American Civil Liberty Union on this issue? For three years, we have been hearing false cries of outrage about how the President is an autocrat just waiting to crush our civil rights, and now, when the civil rights of citizens are being ignored by tin pot governors all over the country, the ACLU just shrugs and sighs in its bunker, “It’s for the greater good.”

Oh..there was nothing wrong with her tail light. Continue reading →