Professions

Unethical (And Stupid) Quote Of The Month: Harvey Weinstein Defense Attorney Benjamin Brafman

/ Jack Marshall / 7 Comments

“Mr. Weinstein did not invent the casting couch in Hollywood”

—–Benjamin Brafman, Harvey Weinstein’s defense counsel, as Weinstein surrendered to authorities yesterday in Manhattan.

The whole quote, as Brafman addressed reporters:  “My job is not to defend behavior. My job is to defend something that is criminal behavior. Mr. Weinstein did not invent the casting couch in Hollywood. To the extent that there’s bad behavior in that industry, that is not what this is about. Bad behavior is not on trial in this case.”

Good luck with this boob, Harvey. To begin with, his job isn’t to defend any kind of behavior; his job is to defend his client.  The way the English language works is that “defending” criminal behavior means arguing that criminal behavior is just fine, thank you. Defending against charges of criminal behavior, in contrast, means that a lawyer is making a case that there was none. If a lawyer can’t speak with more care and precision than this, when addressing reporters he shouldn’t say anything at all.. He essentially just admitted that his client committed criminal behavior and bad behavior, while also leaving doubt as to whether he understood that criminal behavior was also bad.

That’s just the stupid and incompetent part of the statement. The stupid and unethical part, the Unethical Quote of the Month, is an invitation to play, “Name that rationalization!” What difference does it make whether or not Harvey invented the practice of using power over young women’s careers and aspiration to extort them into being their sex toys? Have you ever heard of a defense attorney arguing to jury, “Come on! My client didn’t invent serial killing! What’s everyone so upset about?”  This is a blatant “Everybody does it” excuse, and an especially offensive one. Weinstein’s lawyer just made his first impression on te public—you never get a second chance to make one, you know—and he presented himself as a man who shrugs off coerced sexual submissiveness in the workplace as just one of those quirky Tinseltown traditions. Continue reading →

From The Ethics Alarms “I Don’t Understand This Story At ALL” Files, Georgia’s Dancing Doctor Fick

/ Jack Marshall / 19 Comments

YouTube is stuffed with videos like the one above, posted by Dr. Fick, aka Dr. Windell Boutte, a Georgia dermatologist who poses as a plastic surgeon and who has rafts of malpractice suits pending against her. Though she claims otherwise on her website, she is a board-certified dermatologist, but not certified as a plastic surgeon or general surgeon.

However, in the Peach Tree State, every licensed physician is allowed  to perform operations, even if they are not a board-certified. They are not supposed to be dancing while they do, however. Well, this is implicit. Apparently it isn’t made clear enough, at least for this doctor. Boutte posts videos of herself dancing during surgery, like the one above. There are many more.

Thus she is a fick, the first medical variety I have encountered. A fick is someone who is openly, shamelessly, even gleefully unethical. The fact that this hyper-narcissist films herself doing choreography and mugging for the camera while the only thing on her mind should be her patient’s care demonstrates that she is wildly unethical, reckless, irresponsible and unprofessional, and this would be the case if her record for safety was squeaky clean. It isn’t. At least seven malpractice lawsuits against Boutte include claims that she used unqualified staff during procedures that left former patients disfigured. Two additional lawsuit settlements are listed on the state licensing website. And then there is the dancing around unconscious, exposed, patients while performing renditions of popular songs, such as “Bad and Boujee,” “Building up Fat in the Booty” and “Gut Don’t Live Here Anymore, while her staff act like the back-up singers.

(I can’t believe I’m writing this.) Continue reading →

Morning Ethics Warm-Up, 5/23/2018: The Honored And the Dishonorable

/ Jack Marshall / 30 Comments

Good morning!

1. A major ethics condemnation of Harvard will be posted soon; this is just the ours de vours...Harvard is disgracing itself and embarrassing its alumni one more time by awarding Hillary Clinton the once-prestigious Radcliffe Medal—it can’t be prestigious after this fiasco–for her “transformative impact on society” as part of the school’s graduation activities this week.  Harvard says Clinton was chosen for the award because she’s a “champion for human rights,” a “skilled legislator” and “an advocate of American leadership” on the world stage.

Let’s get this straight up front, shall we? Harvard, headed by feminist social justice warrior Drew Faust, is giving an award named after Harvard’s now defunct sister school that championed female power, dignity, and achievement independent of men, to the woman who meticulously enabled, aided and abetted a serial harasser, sexual abuser, and philanderer by intimidating and disparaging his female victims, so she could ride on his coat-tails to achieve wealth, influence and power that she never could have attained otherwise. Once within reach of that power, she managed to botch two Presidential runs against unlikely underdogs, while reducing the feminist message to “vote for vaginas.” Meanwhile, she joined with her husband in creating a massive influence peddling business that made them both rich. Having lost a Presidential election that she only had to stay out of major scandals to win, she has become the only losing Presidential candidate in U.S. history to continue whining about her loss at every opportunity for 18 months, thus strengthening a negative female stereotype.

Did I miss anything? Probably. This is once more consolation prize Progressive Feminist Inc. is giving to Hillary as virtue-signaling, which is ironic, because it signals hypocrisy, corruption, and dishonesty.  She is an ethics corrupter. She has made the culture, politics, society, and the nation worse. Harvard’s award is just one more example.

2. Not exactly Lincoln-Douglas…The recent Munk debate–part of a series series of  discussions that the news media keeps calling “highbrow,” which only shows how lowbrow the news media is—considered the statement, “Be it resolved, what you call political correctness, I call progress…”

What you call “progress,” I call thought control, censorship, and partisan bullying, and I say the hell with it.  Race-baiting professor Michael Eric Dyson and left-wing pundit Michelle Goldberg defended the indefensible “pro” position, and probably believe it, too, which is depressing all by itself. The “con” side at least had glib, currently-in University of Toronto Clinical Psychologist Jordan Peterson, who has a best-selling book and who became a celebrity after winning a duel of wits with an unarmed British journalist. He was paired with British actor /entertainer Stephen Fry: these debates are so highbrow, the organizers don’t think anyone will watch them if they don’t have jokes.  Even if the sides had been fairly constructed (any team with Michelle Goldberg on it has been sabotaged), it’s a terrible debate topic. The day the “pro” side wins is the day “1984” has arrived. Predictably, “con” won, and this was in Canada, which doesn’t have a First Amendment (the term “political correctness’ is inherently hostile to freedom of speech, and don’t think for a second progressives don’t know it.)

So, saddled with a losing argument, Dyson did what he does: he played the race card. “You’re a mean, mad, white man,” he said to Peterson at one point. End of debate, if I am moderating. When you have to stoop to ad hominem attacks, you’ve lost.  An equally acceptable rejoinder by Peterson would have been, “And you’re a black son of a bitch.”

Technical knockout. And Dyson unmasked himself as the fraud that he is. Continue reading →

What Is Fairness, Justice And Proportion For Aaron Schlossberg?

/ Jack Marshall / 93 Comments

“He’s a jerk. Let’s squash him like a bug…”

Surely by now you know of Aaron Schlossberg, the latest cultural villain.

He was the star and author of a bizarre incident at a restaurant in Manhattan. Schlossberg, who is a midtown Manhattan lawyer, freaked out beyond all reason when a customer began conversing in Spanish with employees at the restaurant. “Your staff is speaking Spanish to customers when they should be speaking English,” he protested. “Every person I listen to — he spoke it, he spoke it, she’s speaking it. This is America! “My guess is they’re not documented, so my next call is to ICE to have each one of them kicked out of my country.If they have the balls to come here and live off of my money — I pay for their welfare, I pay for their ability to be here — the least they can do is speak English…I’m calling ICE.”

Naturally, this was captured on a phone video. Naturally, it was posted to social media. Once upon a time a person could behave like a jackass and only have the immediate witnesses to his conduct know about it. No more. Now, thanks to omnipresent cell phones, everyone is under more or less constant surveillance, and a bad moment, a sudden outburst or an ill-considered word can and will be wielded by steely-eyed social justice enforcers to destroy a miscreant’s life to the maximum extent possible.

Is that the kind of society you want to live in? It would be wise to consider the fate of Aaron Schlossberg.

Somehow his name became known. The news media picked up his tantrum: the Daily News put it on its front page! The New York Post reported that he has been evicted from his office by Corporate Suites, the company that held his law office lease.  His firm’s associate quit, with a nice virtue-signaling tweet. A petition demanding that he be disbarred has more than 10,000 signatures, and there is a GoFundMe effort to a  hire a mariachi band to follow him around New York.

That’s kind of funny, I have to admit. Continue reading →

Morning Ethics Warm-Up, 5/16/ 2018: The Fake Moussaka Edition

/ Jack Marshall / 64 Comments

Gooood morning Pyongyang!

…and everyone else too, of course.

1. ” Winning.” How many in “the resistance” and the news media are rooting, secretly or openly, for the North Korean talks to fail? Based on the tone of some premature gloating on social media and news reports after North Korea threatened to pull out of talks, I think “many” is the fair answer. Other recent headlines and news stories also point in this direction, like “Improving Economy A Problem For Democrats.” (No, an improving economy is not a problem for any Americans, unless they care about their own power more than their country.)

This is especially revolting ( and hypocritical) from the same people who 1)  falsely attributed Rush Limbaugh’s indefensible statement in 2008 that he wanted Obama to fail to the entire Republican Party (I condemned Limbaugh’s statement at the time) and 2) used it to feed the narrative that conservatives who opposed that Presidents left-ward policies were doing so out of personal and racial antipathy.

A President’s success–as in “being proved correct” or “getting lucky,” it doesn’t matter which— makes it more likely that policies you don’t like will be continued? Suck it up and cheer like the good citizen you are. His accomplishments make it less likely that your favorite politician will get elected? Cry me a river: your duty is to care about your nation and fellow citizens first. That you are on record that—okay, still think that—this Presdent has crap for brains and you wouldn’t shake his hand without gloves makes you look less wise and prescient than you would have if he fell flat on his face? Cue the world’s smallest violin, have some integrity, and grow the hell up.

2. Ken Burns ethics, and FDR. In this post earlier this year, I scored documentary whiz Ken Burns for the hagiography of Franklin Roosevelt that marred his otherwise superb “The Roosevelts.”  “The smoking gun for me,” I wrote, “is that despite ten and half hours, Burns somehow never found time to highlight FDR’s internment of American citizens solely because they were of Japanese ancestry. The civil rights outrage is only alluded to in passing, as part of a list from a biographer preceding the nostrum, ‘All great leaders make mistakes.’” That critique stands, but it is slightly unfair, I subsequently discovered. Burns covered the internment of Japanese Americans extensively in an earlier, also excellent, PBS series, 2007′ s “The War.”  Even that section, however, avoided laying proper accountability for the debacle at President Roosevelt’s feet.  I watched the documentary over the past two days, and the deceit is really extraordinary.  The narration keeps referring to Executive Order 9066, without specifically saying whose order it was, like the thing appeared on its own. Here, Ken, let me fix this for you:

‘President Franklin D. Roosevelt ordered the imprisonment of tens of thousands of American citizens of Japanese ancestry and resident aliens from Japan in concentration camps (“internment” is a euphemism and a cover word, like “pro-choice”) with towers and guards with loaded rifles. Though some German-Americans and Italian-Americans were imprisoned as well, far fewer were taken. The risk they posed was not considered as great, because they were white.’

Executive Order 9066 wasn’t rescinded, incredibly, until February 19, 1976, by President Ford. The Supreme Court decision upholding the order, Korematsu v. United States, 323 U.S. 214 (1944),has never been overturned. In that case’s 6–3 decision approving the abrogation of American citizen rights with fear as the justification, six of FDR’s eight appointees—you know, the liberals—  sided with Roosevelt, and against the Bill of Rights. Continue reading →

Morning Ethics Warm-Up, 5/15/2018: Alito Gets One Right, Ellison Deceived, And An Ancient, Unethical Tactic Works Once Again…

/ Jack Marshall / 24 Comments

To a glorious morning, Ethics-Lovers!

1. Bad Alito, Good Alito.  As I briefly noted yesterday (and hopefully will do in detail today), Justice Alito authored an unethical and embarrassing dissent defending a lawyer who deliberately betrayed his client by telling the jury that he had killed someone his client denied killing. Bad Alito. However, the arch-conservative jurist also authored the majority opinion in Murphy v. National Collegiate Athletic Association, in which the SCOTUS majority struck down a virtuous but unconstitutional law, and did so clearly and well.

These are, I think, my favorite Supreme Court opinions, where the Court ignores the motives and objectives of a law and simply rules whether the legislature is allowed to behave like that. I don’t know, but I would guess that most of the majority feel the way I do about organized sports gambling: nothing good can come of it, and a lot of harm is inevitable. One they get the green light, I’m sure that as many states will take over sports gambling for its easy revenue as now prey on its poor, desperate and stupid with their state lottery scams. Everyone involved–sports, fans, athletes, states, the public’s ethical compass—is going to be corrupted by letting the sports betting genie out of its bottle: just watch.

Nevertheless, the Professional and Amateur Sports Protection Act, a 1992  law known as PASPA, should have been struck down decades ago; I’d love to know why it took so long. No, it did NOT ban sports betting, though this is what far too many news reports tell you. Congress can ban sports betting directly if it chooses to, as it is interstate commerce. This isn’t in dispute. What it did in 1992, however, was to order states not to pass laws states have a constitutional right to pass. The distinction matters. From SCOTUS Blog, which is usually the best source for analysis of these things:

The 10th Amendment provides that, if the Constitution does not either give a power to the federal government or take that power away from the states, that power is reserved for the states or the people themselves. The Supreme Court has long interpreted this provision to bar the federal government from “commandeering” the states to enforce federal laws or policies. [The] justices ruled that a federal law that bars states from legalizing sports betting violates the anti-commandeering doctrine…

…In a decision by Justice Samuel Alito, the court began by explaining that the “anticommandeering doctrine may sound arcane, but it is simply the expression of a fundamental structural decision incorporated into the Constitution” – “the decision to withhold from Congress the power to issue orders directly to the States.” And that, the majority continued, is exactly the problem with the provision of PASPA that the state challenged, which bars states from authorizing sports gambling: It “unequivocally dictates what a state legislature may and may not do.” “It is as if,” the majority suggested, “federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals. A more direct affront to state sovereignty,” Alito concluded, “is not easy to imagine.”

…The court also rejected the argument, made by the leagues and the federal government, that the PASPA provision barring states from authorizing sports betting does not “commandeer” the states, but instead merely supersedes any state laws that conflict with the provision – a legal doctrine known as pre-emption. Pre-emption, the majority explained, “is based on a federal law that regulates the conduct of private actors,” but here “there is simply no way to understand the provision prohibiting state authorization as anything other than a direct command to the States,” which “is exactly what the anticommandeering rule does not allow.”

Got it.

Good decision. Continue reading →

Morning Ethics Warm-Up, 5/14/2018: Another Rushing Around In A Hotel Room Getting Ready For A Seminar Edition…

/ Jack Marshall / 71 Comments

Good morning from Boston...

…where I always feel at home! I’m here for the morning, talking to young, newly minted Massachusetts lawyers about ethics.

1. This is a big deal, though only lawyers will care. Finally, California has ditched its confusing, multi-source (some ethics rules were laws, some were regulations), antiquated legal ethics rules, and became the last of the jurisdictions, including D.C., to adopt the American Bar Association’s template for legal ethics guidance. Yes, in one area, if not the most important ones, California is moving closer to the rest of the country! There is hope!

2. Ally’s lament. Ally Sheedy, whom you might recall from “War Games” and “The Breakfast Club,” is one of Hollywood’s more articulate and thoughtful performers. She recently penned a post condemning Hollywood sexism, and its effect on her career. Essentially the essay amounts to a complaint that Hollywood is obsessed with appearances and, with women, sex appeal.

I like Sheedy, and I was pre-inclined to respect her observations (which are certainly accurate), but I have to admit that unsympathetic blogger Amy Alkon has a point. She writes,

“..professional actress Ally Sheedy takes it upon herself to lament the looks-driven reality of Hollywood — which is kind of like lamenting how in professional baseball, somebody’s always throwing a ball your way. …This is the movies, dear, not the genetics lab. Her entire essay is an example of intrasexual competition — criticizing and trying to change the standards of female competition by one who falls a bit short of them.Because so many people are so ignorant of our evolved psychology and in denial of biological sex differences (and the psychological sex differences that come out of them), they don’t get that there is pressure on men, too, to meet women’s differing mating priorities.As for those differing priorities, well…you don’t see men writing essays about how rotten it is that you can’t get a hot girlfriend (or probably any girlfriend) while unemployed and sleeping on a couch in your grandma’s basement.”

Yikes. And they say I’m tough… Continue reading →

No, Thomas M. Cooley Law School Did Not Make Michael Cohen A Bad Lawyer, And The Fact That Cohen Got His JD There Does Not Mean It’s A Lousy Law School

/ Jack Marshall / 19 Comments

Ugh. I don’t want to argue that Cooley isn’t a lousy law school, mind you, although I don’t have anything but anecdotal data of the matters, and I certainly don’t want to defend Cohan, whom I fingered as a lousy lawyer way back in 2015. ( What A Surprise: Donald Trump Has An Unethical Lawyer!). 

No, this post is about how incompetent journalists are, how they are too frequently devoid of basic reasoning and research skills, and how, particularly when they deal with legal matters, their ignorance is frequently embarrassing while it actively misleads the public.

Politico’s Phillip Shenon, who, not surprisingly, is not a lawyer, figures he can smear three parties via guilt by association with one brush in  “Trump’s Lawyer Went to the Worst Law School in America.”  But graduates of every law school succeed and fail, and while the law schools like to take credit for them, there is every reason to believe that those grads would have succeeded or failed had they gone to better law schools, or worse ones. One graduate’s misadventures prove absolutely nothing.

Roy Cohn, who  served as Senator Joe McCarthy’s chief counsel during the infamous Army–McCarthy hearings and was later disbarred, graduated from Columbia Law School. If he had graduated from Thomas M. Cooley Law School, Shenon no doubt would have thought Cohn’s alma mater was significant, but, of course, it would be a cheap shot at McCarthy and Cohn. If Cohen had gone to Columbia, Shenon could write a piece titled “Trump’s Lawyer Went to the Same Law School As Roy Cohn.”

Bill Lerach, disbarred in the class action law suit scandal involving his law firm, was considered a champion of abused investors and a social justice crusader, until he was exposed and sent to prison. He went to the University of Pittsburgh’s law school. Did that school make him do what he did? If he had gone to Harvard, or Cooley, would he have practiced law any differently?

Let’s look at Richard Nixon’s lawyers. John Erlichmann, send to prison and disbarred, went to Stanford Law School.  John Mitchell, also locked up, also disbarred, graduated from Fordham Law. John Dean, who was sent to prison and disbarred, got his law degree at Georgetown. Speaking of Georgetown, Stephen Glass, the disgraced journalist deemed possessed of so wretched character that California declared that he can never be a lawyer and have a chance to screw up like Michael Cohen, attended t Georgetown Law Center, which, as I have written about here, has a law professor who was previously a bank robber. Thomas Cooley Law School never sank that low.  Until recently, GULC also had an adjunct ethics prof who turned out to be a meth dealer. That guy, Jack Vitayanon, got his degree at Columbia Law School, just like Roy Cohn. What a coincidence! Or is it….?

As you may know, I also got my law degree at Georgetown, so if I go rogue, you know who to blame. Wait, maybe you don’t. The one to blame will be ME. Continue reading →

Ethics Heroes: Good Trump, Bad Trump

/ Jack Marshall / 4 Comments

Integrity among professionals and journalists is in short supply in the Trump Era, as  bias, especially partisan bias, increasingly rules the loyalties, judgment  and minds of all but a few. Here are a couple recent examples of those few…

Ethics Hero: Ian Bremmer

Foreign policy expert and Eurasia Group President Ian Bremmer, often a harsh critic of President Trump,

…Unequivocally credited the President for the major diplomatic breakthrough with North Korea.

…chided those refusing to give him proper praise for the achievement, and

…did this on MSNBC, where fairness to President Trump is as welcome as an evolution lecture on the “700 Club.”

Bremmer told a shocked Stephanie Ruhl:

“But we have to give him credit. Look, as you know, I’ve been critical of President Trump probably 90% of the foreign policy decisions he’s made since he’s become president. Not the whole administration, but certainly stuff he said. But on this issue, on North Korea, the only way you say that Trump isn’t part of it is if you’re just a partisan, if you’re just being illogical. And that’s not – I mean, I understand that that’s good for eyeballs, but it’s not good for our country.”

Wow! What a concept! Continue reading →

Morning Ethics Warm-Up, 5/3/2018: Katie’s Rationalization, Teachers’ Extortion, Rudy’s Zugswang, And Kanye’s Influence

/ Jack Marshall / 101 Comments

Goooood morning!

(I thought it was time for “Singin’ in the Rain” again. Of course, it is always time for “Singin’ in the Rain”…)

1. And that’s when you know…When alleged sexual harassers are accused, the way you know whether they are guilty or not often depends on whether the floodgates open, and large numbers of other women step forward. This was Bill Cosby’s downfall. Now we learn that 27 more victims of Charlie Rose have raised their metaphorical hands. Sorry, Charlie!

The mystery to me is why  current and former colleagues of outed abusers and harassers so often rush to defend them, even post #MeToo, and even women. I suppose is cognitive dissonance again: the defenders have high regard for the harasser, and simply can’t process the fact that they may have been engaged in awful conduct. Katie Couric’s defense of Matt Lauer, however, is especially damning.

Variety reported that Lauer’s office had a button that allowed him to remotely lock his office door when he had female prey within his grasp…

“His office was in a secluded space, and he had a button under his desk that allowed him to lock his door from the inside without getting up. This afforded him the assurance of privacy. It allowed him to welcome female employees and initiate inappropriate contact while knowing nobody could walk in on him, according to two women who were sexually harassed by Lauer.”

Yet on “The Wendy Williams Show” this week, Couric “explained”…

“I think the whole button thing, you know? I think — NBC — a lot of stuff gets misreported and blown out of proportion. A lot of NBC executives, they make it sound like some kind of den of inequity. I don’t know what was happening. A lot of NBC executives have those buttons that opened and closed doors… They did. I mean, it was really just a privacy thing. It wasn’t..Honestly I think it was an executive perk that some people opted to have and I don’t think it was a nefarious thing. I really don’t. And I think that is misconstrued….”

Wowsers. First, Couric is intentionally blurring the facts, using “open and close” as a euphemism for “unlock and lock.” I guarantee that no button would cause the office door to swing open or swing closed, as Couric suggested. I’ve searched for such a device: all I can find are remote office door locking mechanisms. Second, while it is true that other NBC execs once had that feature, it appears that Lauer was “was one of the few, if not the only, NBC News employee to have one,”a senior NBC News employee told the Washington Post.

Second, Couric is engaging in The Golden Rationalization: “Everybody does it.”

2.  Extortion works! Arizona’s governor signed a 9% pay increase for the state’s teachers, because the teachers engaged in a wildcat strike, kids were missing school, and parents couldn’t go to work without their state funded child-sitters. I’m not going to analyze whether the teachers demands were right or wrong, because it doesn’t matter. The teachers’ tactic was unethical, just like the Boston police strike in 1919 was unethical, just like  the air traffic controllers strike in  1981. In the former, Massachusetts governor Calvin Coolidge (what happened to that guy?) famously fired all the striking cops, saying in part that  “The right of the police of Boston to affiliate has always been questioned, never granted, is now prohibited…There is no right to strike against the public safety by anybody, anywhere, any time.” President Reagan quoted Cal when he fired the air traffic controllers and eliminated its union.

Striking against children and their education is also a strike against the public safety. What now stops the teachers, in Arizona or anywhere else, from using similar extortion tactics for more raise, policies they favor, or any other objective?  What was lacking here was political leadership possessing the integrity and courage to tell the teachers to do their jobs during negotiations, or be fired.

This precedent will rapidly demonstrate why public unions are a menace to democracy Continue reading →