Oh Look! Now the LEFT Is Complaining About Lawyers Being Reluctant To Represent Unpopular Clients!

In 2020, as discussed here, The NeverTrump Lincoln Project joined the anti-Trump Democrats in targeting law firms hired by the Trump campaign to challenge alleged irregularities in the election. Election law specialists Porter, Wright, Morris & Arthur and its lawyers were threatened with professional ruin and financial disaster, as they were told that daring to support the President of the United States constitutes a “dangerous attack on our democracy.” The firm, showing a dearth of legal ethics and integrity, withdrew, whining that the assault on its reputation created a conflict of interest, was disrupting the firm, and had prompted at least one lawyer’s resignation. Other firms dropped the campaign as a client, and the reason was fear—of losing clients, of being shunned in the legal community, of losing money. Mostly the latter.

How times had changed. When Bush Department of Defense Deputy Secretary Cully Stimson, a lawyer, gave a radio interview in which he condemned attorneys from large law firms who were representing Guantanamo Bay detainees pro bono and suggested that corporations avoid employing those firms because they were aiding the nation’s enemies, the legal profession reacted with indignation and horror. Karen J. Mathis, then the president of the American Bar Association, said, “Lawyers represent people in criminal cases to fulfill a core American value: the treatment of all people equally before the law. To impugn those who are doing this critical work — and doing it on a volunteer basis — is deeply offensive to members of the legal profession, and we hope to all Americans.” Prof. Stephen Gillers, the media’s favorite legal ethicist thanks to his penchant for being hard on conservatives and lenient on liberals, wrote, “This is prejudicial to the administration of justice. It’s possible that lawyers willing to undertake what has been long viewed as an admirable chore will decline to do so for fear of antagonizing important clients.” Christopher Moore, a lawyer at the New York firm Cleary, Gottlieb, Steen & Hamilton continued the profession’s defense of core lawyer ethics, telling the New York Times, “We believe in the concept of justice and that every person is entitled to counsel.”

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“The Untrustworthy 20,” the Worst of the Worst On the Ballots in 2024, Part I: Introduction

When I was writing the predecessor to Ethics Alarms, The ethics Scoreboard, I would issue “The Dirty Dozen,” a compendium of the most unethical candidates for elected office every two years. For the first election cycle in Ethics Alarms’ history, I posted on “The Untrustworthy Twenty” and thereafter, I don’t remember why, discontinued the tradition. Sloth? Hopelessness? I just forgot?

After  George Santos (above) slimed his way into Congress in 2022 after lying about virtually everything, however, I resolved to  resuscitate the project as depressing as it might be. In that old post (2010) I began,

“Trust is the connective tissue that holds societies together: it can be strengthened by demonstrations of ethical values like integrity, loyalty, honesty, civility, responsibility, competence, and courage, and weakened by proof of unethical traits like fecklessness, dishonesty, lack of independent judgment, selfishness, lack of diligence, greed and cowardice. For decades, the American public’s trust in its elected representatives and governmental institutions—and other critical institutions like the news media and the legal system—has been in steep decline. This is not because of some inexplicable public fad or the poisoning of public perceptions by an unholy alliance of the pop culture and Fox news. The decline in trust has occurred because a significant proportion of America’s elected leaders have not been trustworthy, and the reason this has been true is that American voters have thus far refused to make proof of ethical values their main priority in electing them. Because politicians know this, they feel empowered to engage in corruption, self-enrichment and deception in the confidence that partisan supporters will vote for them anyway, as long as they mouth the same policy positions and deliver their quota of pork, earmarks, and government contracts. This, of course, does not benefit of  country in the long run, but weakens it. It also creates an increasingly arrogant and power-obsessed political class to which ethical values are like Halloween costumes, donned at regular intervals to disguise who they really are. The core principles of the democratic process do not matter to many of these people, and they don’t see why they should matter.”

Isn’t itreassuring to know that things haven’t changed in 14 years? In fact, they have: they are much worse. I could easily compile an unethical 50, or 100. The two most untrustworthy major party candidates for President of the United States ever to face off in a Presidential election are on the ballot tomorrow, to succeed a a strong competitor for Worst President Ever who has made such a mess of the office and our traditional Presidential election process that the political system may never recover. In that 2010 post, I wrote,

“Public trust cannot keep declining indefinitely, you know. Eventually, a government that cannot be trusted will collapse. Just as addressing America’s fiscal crisis will take hard measures and sacrifice, addressing its equally dangerous crisis in trust requires sacrifice too. It will require voters to establish the principle that being “effective,” experienced or having the “right” policy positions will not be enough to justify electing or re-electing individuals who are demonstrably trustworthy. Voters must establish  untrustworthiness as absolutely disqualifying a candidate for election to public office. Any ethical, honest candidate with integrity must be seen as per se preferable to a corrupt, dishonest or unethical candidate, regardless of past achievements or policy views.”

I still believe that, despite being forced to vote for an untrustworthy candidate in this election because a cruel or sadistic god has chosen to make him the only available option to combat an organized and relentless effort to unmake the United States as it was envisioned by its Founders.

In that post, I offered a list of factors that do not justify determining that a candidate is necessarily untrustworthy: Continue reading

I Don’t Know Who Wrote This, But It Is Unethical, Insidious, and Wrong:

A usually astute and beneficent friend of long-standing posted that on Facebook recently.

I’d love to know what Marxist Ethics Corrupter wrote it, so I can hold him or her up to the derision, contempt and shunning such a sinister argument deserves. The obvious smoking gun in the statement is “what society needs to know.”

Who determines what society needs to know? Current public schools, administrators and teachers have concluded that society needs to know that the United States was based on slavery, that its Founders were villains, that U.S. is currently a racist nation that citizens “of color” cannot succeed in without special assistance, that sexual identify is fluid and that socialism is the only morally defensible form of government.

None of that belongs in a public school curriculum. Public school exists to teach skills and critical thinking: it should no more be teaching political cant than religion. The totalitarian who issued that poison above is advocating indoctrination, and worse, indoctrination by people who I don’t know, trust, or believe have the education, perspective or intelligence to decide what “society needs to know.”

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Ethics Dunce: Tender Miami Weatherman John Morales

Aw, isn’t he caring! A supposedly professional meteorologist gained fans and social media hits by choking up as he covered Hurricane Hurricane Milton. Oooh, it was so big and scary!

Time to retire, John.

Now we know the professionalism rot that has crippled law, science, journalism, academia, politics, the judiciary and so many other fields has struck meteorologists. Morales’s job is, or was supposed to be, relaying information about weather phenomenon, not to show everyone how sensitive and frightened he is. There is no excuse for this, none, never. If you can’t broadcast the explosion of the Hindenburg, a fire, a bomb blast or a murder without either losing control of your emotions or, worse, virtue-signaling with them, then you are in the wrong job.

Furthermore, such a reaction seeds panic. It is as irresponsible as it in incompetent.

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Two Faint Cheers For the Colorado Supreme Court in “Jerk vs. Jerk”

It looks like the political correctness Furies who have been swarming around Jack Phillips, the Masterpiece Cakeshop owner whose refusal to bake, decorate and sell same-sex wedding cakes had him targeted for destruction have finally been foiled.The Colorado Supreme Court has dismissed the latest lawsuit against him, though not on the merits. Legal Insurrection has detailed coverage and a retrospective on this almost decade-long drama here.

Remember the old Mad Magazine series called “Spy vs. Spy”? This has been “Jerk vs. Jerk.” I sided with the baker in the original lawsuit over the same-sex wedding cake, though holding even then that the adversaries were being unreasonable. Ethics Alarms advised one, “Oh, bake the damn cake!” and the other, “So find another bakery!” That battle got all the way to the U.S. Supreme Court, where the baker won on what non-lawyers call “a technicality.” Then Phillips was targeted again, as LGTBQ activists apparently considered it a matter of honor to bend him to their will.

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Ethics Dunces: U.S. Judicial Conference Committee on Financial Disclosure

Problem: Judges getting adverse public scrutiny for not reporting potential conflicts of interest and avoiding the appearance of impropriety.

Solution: Lower the standards for conflicts of interest and the appearance of impropriety.

Problem solved!

Yecchh.

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Gee, I Wonder Why the Public Is Losing Trust In The Justice System….

I am heading to Richmond to do a three hour legal ethics seminar, and in my preparation, I ran across this depressing story. The seminar is called “Legal Ethics Unmasked,” and man oh man, has watching lawyers, prosecutors and judges reveal the creeps beneath been disillusioning.

The ABA headline was certainly clickbait: “Judge settles suit accusing lawyer of threatening to release her intimate photos in bid to scuttle deposition.”

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What’s Going On Here? Whatever It Is, Someone Is Extremely Unethical…

I love this story! It has everything…except any certainty about who is telling the truth.

Chad Condit, California Senator Marie Alvarado-Gil’s former chief of staff, has filed a sexual harassment lawsuit against her. He alleges that she pressured him into performing sex acts for her enjoyment when they were traveling together on her official business.

Point of interest #1: Does that name ring a bell? Yes, Chad is the son of Gary Condit, the former Congressman who was a suspect in the Chandra Levy disappearance and murder. He allegedly was having a sexual affair with her, an intern who worked in his office. Now, for this family, the alleged sexual harassment is on the other foot—well, you know what I mean.

Point of interest #2: Alvarado-Gila, meanwhile, is a longtime Democrat who recently got national headlines when she switched to the Republican Party, saying that the Democratic Party had become so extreme that she could no longer support it. I’m ruling that she is—if guilty, of course—is an embarrassment to both parties.

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Is Marco Bisbikis The Most Unethical Lawyer Ever?

How could a lawyer be more unethical?

As unethical, sure: I am confident that there have been other lawyers who are tied with this Michigan lawyer for the title. But more? Consider:

Marco Bisbikis, a Michigan lawyer in good standing, worked as an attorney for the Dan Hutchinson and his wife, wrote himself into popular Oakland County jeweler’s will while he was preparing it for his client, who was also under the impression that his attorney was a loyal friend. (Can you blame him? Who wouldn’t trust a face like that?)

Then Bisbikis paid a hit man to shoot and kill Hutchinson so the lawyer could inherit millions of dollars in a trust fund. On June 1, 2022, outside an Oak Park pawn shop, the hit man did just that. Bisbikis and the hired killer, Roy Larry, were convicted of first-degree murder, conspiracy to commit murder, solicitation of murder, and felony firearm and in June they were both sentenced life in prison. Two other men involved in the plot were convicted and sentenced last year.

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Ugh! Ethics Dunce—AGAIN—: University of Houston Law Professor Renee Knake Jefferson

This is an example of why I am disgusted with my field and chosen profession. Just last month I designated Jefferson, a legal ethics professor among other things, as an ethics dunce for her blatantly partisan and biased commentary. This time, it’s personal.

Seeking to find a reliable, trustworthy, accurate source of legal ethics news and developments (since the demise of the excellent legal Ethics Forum, I am reduced to the scattershot, overwhelmingly left-biased commentary on the APRL listserv), I subscribed to the professor’s substack, Legal Ethics Roundup, taking seriously her promise that it would supply a “Monday morning tour of all things related to lawyer and judicial ethics.” But the Legal Ethics Roundup I received this morning, like all its predecessors this month, cheerfully informed me that “For the month of August, the Legal Ethics Roundup is on pause.”

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