Professions

The Real Legal Ethics Conundrums In “Bridge of Spies”

/ Jack Marshall / 6 Comments

bridge-of-spies

Quite a few readers have written that they would enjoy some of the problems I present in my seminars on legal ethics. I try to please, so here are some difficult legal ethics issues that arose in the screenplay of last year’s Oscar-nominated film “Bridge of Spies.”

I wrote about the film earlier this year, here.

The film tells the true story of Jim Donovan, an insurance lawyer who is recruited, in 1957, by his New York bar association to take on the representation of the accused Soviet spy Rudolf Abel, a job that we see Donovan not only do bravely and competently, but one that he takes all the way to the Supreme Court. He loses, and Abel goes to prison.

Legal ethics points:

  • That ends the representation, and Abel is no longer Donovan’s client, but a former client.
  • Lawyers still have duties to former clients: they must keep all of the confidences learned during the representation and after, and not use these against the interests of the ex-client, or reveal them ever, even after the ex-client is dead and buried, except under rare circumstances.
  • A lawyer is also not allowed to become adverse to the interests of a former client in a substantially related matter to the one he (or she) handled for the client.

Because when representing Abel, Donovan had argued against executing the spy on the grounds that he might a useful  bargaining chip if an American was captured by the Russians—an argument he made to save Abel’s life, not to provide unsolicited advice to the government—the capture of U2 pilot Gary Powers after he was shot down in a spy plane makes the lawyer a candidate to make his own scenario come true. An East German official sends Donovan a letter claiming to be able to broker an exchange of Powers for Abel. When the CIA learns about the letter, they ask Donovan to go to East German and negotiate the deal. Continue reading →

The First Thing We Do, Let’s Slime All The Lawyers…

/ Jack Marshall / 27 Comments

the-blob-88

In election years I tell all my legal ethics seminar classes to start teaching their non-lawyer neighbors and relatives ABA Model Rule 1.2 b, which reads,

(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.

This, combined with the principle of zealous representation of one’s client, as expressed, for example, in D.C. Rule of Professional Conduct Rule 1.3…

(a) A lawyer shall represent a client zealously and diligently within the bounds of the law.
(b) A lawyer shall not intentionally:

(1) Fail to seek the lawful objectives of a client through reasonably available means permitted by law and the disciplinary rules; or
(2) Prejudice or damage a client during the course of the professional relationship….

…means that lawyers represent clients, and are bound to seek those clients’ objectives when those objectives are legal whether the lawyer likes or agrees with those objectives or not.

It means that it is ignorant, wrong and dangerous to the rule of law as well as the right of citizens to be the beneficiaries of laws in a democracy and not the servants of them, for unscrupulous political opponents to attack lawyers for the positions, objectives and needs of the clients they represented. It means that it is disgusting for maleducated journalists to misinform the already disturbingly confused public by using a matter that a lawyer-turned-candidate’s client needed legal advocacy for as an excuse to impugn the candidate’s character.

Lawyers do not have to agree with or like their clients’ positions, objectives or character, is that clear? Everybody? Lawyers are not to be held accountable for their client’s motives, conduct or legal objectives. Bill Cosby’s lawyers do not approve of rapists. Johnnie Cochran did not support the hobby of ex-wife knifing.

Yet this happens every election cycle, without fail: cheap shots directed at candidates who are lawyers based on one or more of their unsavory clients.  There are two lawyers left in the current primary competition, and guess what?

You guessed it.

Hillary’s ancient defense of a rapist was used to slime her all the way back in 2014. The unfair attack raised its misshapen and empty head last week on CNN, when a Trump supporter brought it up. What we know about Clinton is that she defended a child rapist she was appointed to represent pro bono in 1975, and did an excellent job. She used all the tactics that she was allowed to use. She attacked the credibility of the twelve-year-old victim, and threw sufficient doubt on the the chain of evidence that Clinton got an advantageous  plea bargain for her client, who served just ten months in prison. Sure, he was guilty, and Hillary knew it.  It was her job to make the prosecution prove its case with sufficient evidence, and they failed. The victim, we are told, has had a hard life because of the experience. That is not in any way Clinton’s fault or responsibility.

Now it’s on to Ted Cruz. Here is Slate’s click-bait, misleading, deceitful headline to further the “Ted Cruz is a some kind of sexually repressed weirdo” trope the left-biased media is peddling: Continue reading →

Update: This Is The Student’s Controversial Essay Emulating The Satire Of Swift’s “A Modest Proposal”

/ Jack Marshall / 40 Comments
Now THIS, arguably, is taking satire too far...

Now THIS, arguably, is taking satire too far…

Here, thanks to some links provided to Ethics Alarms by students at North County High School, is the essay that was written in response to a teacher’s directive to write a satirical solution to a current societal problem in the style and spirit of  Jonathan Swift’s famous essay advocating the conversion of excess Irish children to foodstuffs.

Student’s name: Connor Poole

Verdict: Pure satire, bold and for a writer so young, brilliantly executed.

Grade: A+

Here is the paper that  prompted administrators to try to turn Connor into a pariah, so precisely delivering what was assigned that it has exposed mass incompetence and cowardice at North County High School:

Modest proposal

Wow. Continue reading →

Why Public Schools Are Too Incompetent To Be Trusted To Teach: The Swift Assignment

/ Jack Marshall / 35 Comments
Now, if those children were black, this would really be offensive...

Now, if those children were black, this would really be offensive. Luckily, they are Irish…

My head hasn’t exploded over this one yet, but I am in extreme pain.

A teacher at North County High School in Maryland assigned her students to write essays that would embody a contemporary  satirical solution to a societal problem, emulating satirist Jonathan Swift’s famous 18th century essay, “A Modest Proposal,” in which the author  proposed, tongue firmly in cheek, that poor Irish folk sell their children as food, thus solving both a population glut and a food shortage.

One student fully embraced the spirit of Swift by suggesting that America should consider deporting African-Americans to the Sahara Desert to address U.S. racism.

A perfect execution of the assignment, wouldn’t you say? The “proposal” is outrageous and offensive; it would indeed address the problem, and, as with some in Swift’s time, literal-minded reflex hysterics won’t understand that the suggestion is satire! Give that student an A!

Or, in the alternative, make him a pariah who wishes he was dead, and may be at risk to be so soon. For other students were offended and complained, and instead of using the incident as a lesson in political satire, the school system turned on the student who had done exactly what was assigned, and sided with the Political Correctness Mob, with Bob Mosier, speaking for Anne Arundel County Schools saying,

“The student chose a subject matter that was clearly insensitive and struck a nerve with students here and staff members here. And so, they have been meetings today where the staff has tried to allow students to express their opinions and say why they’re hurt, why they’re angered.”

Oh, he chose a subject matter that was insensitive, unlike, say, selling and eating children, it that the school’s official position? Continue reading →

The Washington College Of Law’s Embarrassing “All Lives Matter” Freak-Out

/ Jack Marshall / 26 Comments
"I can't believe you would say that!"

“I can’t believe you would say that!”

A law professor at D.C.’s  Washington College of Law at American University, who is identified with civil rights issues, discovered that someone had posted a handwritten flyer reading “All Lives Matter” on his door.

The Horror.

A normal, proportionate, hinged, response would be to ponder the multifaceted nuances of those three words, muse quickly about why anyone would feel moved to leave such a message anonymously, and worry about the Nationals starting pitching, perhaps.  Ah, but this is 2016, so hinged is uncool and so 2008. Thus the faculty member complained to the Dean and the faculty, who both felt that writing  “all lives matter” on a flyer is perilously close to hanging a noose or writing KKK or burning a cross:  Racial harassment and intimidation!

Quoth Claudio Grossman, the Dean: Continue reading →

Carol Costello To The Rescue: CNN Spins For The Boston Globe

/ Jack Marshall / 7 Comments

Globe Parody

Many in the on-line pundit community feel that the Boston Globe’s use of a fake future news front page to attack Donald Trump was bad practice and a slippery slope not to be ventured upon by serious news outlets. They are correct.

Trump hate runs high in mainstream media-land, however, and the ethics alarms there sound softly if at all. I just witnessed that most biased and smug of TV anchors, CNN’s Carol Costello, furiously spinning for the Globe, because the foundering ship of untrustworthy journalism feels that the crew must pull together, or something.

Though Costello’s colleague Brian Stelter had sort of criticized the the fake front page  saying that it “resembles an April Fools Day prank by a college newspaper — but is bound to get a lot more attention,” Costello was in full defense mode. She began by mischaracterizing where the objections to the Globe’s stunt were coming from, citing only Trump himself as the critic—and we all know how crazy he is, right? Costello played a clip of Trump registering his objections—mostly reasonable and fair, by the way—as Costello gave her audience her trademark “Can you believe this idiot?” smirk, which she flashes virtually any time a conservative or Republican is saying anything. She then repeated portions of the Globe’s defenders’ talking points, and brought on the Globe’s Sunday Ideas Editor Katie Kingsbury to give its own, as if Trump owned the only two hands not applauding. What was offered was a series of rationalizations: Continue reading →

As Usual When Gender Discrimination In Wages Is The Issue, There Is More To The Women’s Soccer Lawsuit Than The Media Wants You To Know

/ Jack Marshall / 13 Comments

women's soccer

The gender wage discrimination issue makes my head start to hurt every time it is raised, which, I admit, has made me grateful that Hillary and Bernie have been concentrating on the other progressive issues they fill with half-truths and deceit. Some of those are the wealth gap, mass incarceration, the evil of big banks, discrimination against Muslims, trigger-happy police, campus sexual assault, climate change, gun violence  and the minimum wage. As with these pet progressive agenda items, it isn’t that there aren’t real problems there that require effective policy initiatives, but that advocates are so infuriatingly dishonest when debating them—exaggerating statistics, demonizing opponents, and persisting in using false facts, studies and myths long after they have been definitively disproved.

If the new media was competent and even-handed, challenging the false assertions as they should, this would not be such an impediment to rational debate. The news media is seldom objective, however. On all of these issues and more, it plays the role of advocate and partisan ally with depressing regularity. An activist on the keft has to make a truly outrageous statement to even be challenged, as when Black Lives Matter organizer Aaron Goggans suggested on CNN yesterday that black on black crime is a “myth.”

There is gender discrimination in wages; I have seen it up close, in my family and in companies and organizations I have worked for. I have personally taken action to address it. The issue is complicated, however, and not close to the absurd “77 cents on the dollar” figure that has been employed, unchanged and virtually unchallenged, for decades, nor is it fairly represented by studies that show how men in the same careers make more over their working lives than women.

Never mind; the news media allows the issue to be debated in an atmosphere dominated by misrepresentations. My reflex approach is that  until advocates for a position are willing to stop lying, spinning, and demonizing, I will pointedly avoid supporting them. Call it the Clean Hands Doctrine. Gun control is one example. Climate change is another.

When  five players on the U.S. Women’s Soccer team filed a federal complaint last week accusing U.S. Soccer of wage discrimination because, they said, they earned as little as 40% of what players on the United States men’s national team earned despite reaching the team’s third World Cup championship last year, I read and heard nothing but cheers from women’s advocates, Democrats, pundits and Facebook posters I also read nothing but sexist snorting from the conservative side. (“Wanna know how to get paid the same as men for playing soccer? Try out for the men’s team! HAR!” ). The truth, as usual, is somewhere in the middle, but you wouldn’t know that from reading most accounts or watching the news channels. Continue reading →

Observations On The George Mason Law School Renaming Debacle

/ Jack Marshall / 10 Comments

Scalia Law School

Summary: On March 31, George Mason University announced that it was changing the name of its law school, which has rapidly risen from marginal status into respectability in the last few years, to the Antonin Scalia School of Law. The reason: a 30 million dollar contribution from the Charles Koch Foundation, a.k.a. the Koch Brothers and an anonymous donor, who made the name change a condition of his or her generosity. This occurring while the various controversies over Scalia’s legacy and the Supreme Court’s deadlock since his passing were still raging guaranteed indignation from many quarters, including many students and graduates of the law school. The internet and social media communities, meanwhile, having the emotional maturity of fifth graders, concentrated its efforts at snickering over the new school’s acronym, which could be ASSoL, and the Twitter handle, #ASSLAW.

The resulting embarrassment led the school’s Dean to announce  that the name of the school was being altered to “Antonin Scalia Law School.”

Comments:

1. Ethics Alarms had a recent post expressing dismay at the willingness of baseball teams to sell the identity of their ballparks to corporations. This is much worse. George Mason is perhaps the most unjustly forgotten of all the Founders, as he was largely responsible for there being a Bill of Rights in our Constitution The fact that George Mason University and its law school has been slowly rising in prestige and visibility had helped to remedy the unjust obscurity of a historical figure to whom every citizen and the world owes a debt of thanks. George Mason’s honor, however, was considered expendable once the school’s leaders knew the price that using the law school for ideological propaganda could bring at a time of sharp partisan division.

2. Rich people have a right to use their money to make others do things that they shouldn’t or normally wouldn’t want to. The issue is whether there are ethical limits to the kinds of actions and conduct money should be used to buy. Rich families have used their assets to defeat true love, paying  unsuitable suitors to leave without explanation. Desperate celebrities have accepted checks to debase themselves on reality shows. Judas was paid to betray Jesus Christ. Where does using one’s millions to induce a university to betray its duties to alumni and students, as well as other donors and the memory of a crucial American patriot, fall on the spectrum?

3. Was George Mason University obligated to accept 30,000,000 dollars under these conditions? Should money supersede all other considerations for an educational institution? No, and no. Allowing the school to be turned into a billboard for conservative jurisprudence did more than simply alter the name. It altered the perception of the law school, the meaning of its degrees, its public image and its ability to attract a wide range of students from diverse backgrounds. If the school’s leadership didn’t comprehend that, it was a stunning example of institutional incompetence and irresponsible decision-making.

4. If the school’s leadership did comprehend the gravamen of the name change and allowing partisan tycoons to bend the school’s management to their will, then the decision was even less defensible. There was an absolute obligation to consult with the stakeholders in this trade-off: students, alumni, and donors. Failing that obligation constituted a stunning breach of trust. Continue reading →

Unethical Donald Trump Quote Of The Day: His Post-Wisconsin Primary Wipeout Statement, Making Richard Nixon Look Classy By Comparison

/ Jack Marshall / 65 Comments

nixon-and trump

Of course, Donald Trump makes almost anyone look classy by comparison, including that drunk who threw up on your lap on the subway. (He apologized.)

On November 7, 1962, Richard Nixon made his official concession statement after losing the election for Governor of California to incumbent Pat Brown, Jerry Brown’s father. Nixon had barely lost the U.S. Presidency in one of the closest election ever two years earlier, and earning the governor’s seat in the Golden State was supposed to be the beginning of his comeback. The loss was devastating, but Nixon made it more so with a bitter, graceless, self-pitying concession speech that became part of his legacy. It was a long, extemporaneous, rambling mess. Read the whole thing, by all means, or watch the video, because it really is remarkable.  Here are some highlights: Continue reading →

Yet More Casting Ethics: “Hamilton’s” ‘No Whites Need Apply’ Open Casting Call

/ Jack Marshall / 11 Comments

_hamilton

[ I am back from a speaking engagement that required over eight hours of driving, being in a supposedly “luxury resort” hotel room that had no Wi-Fi for most of my stay and no functioning TV for any of it,  and various other distractions and misadventures that prevented me from posting so far today. I apologize, though it is really the famous Omni Homestead in Hot Springs, VA. that should apologize. The good news is that my seminar was well-received, and that the disappointing trip–this time I was paid only with the supposedly sumptuous two-day  Homestead experience for myself and my long-suffering spouse, including outdoor activities that were impossible due to constant rain and a room with more things in poor repair than a Motel 6—is over.]

 

Broadway’s biggest hit, the Tony-winning  “Hamilton,” is under attack for, of all things, racism.

An open casting announcement on the show’s website read…

“Hamilton” is “seeking NON-WHITE men and women, ages 20s to 30s, for Broadway and upcoming Tours.”

Whaaaat? This joyous musical celebration of America’s founding and its Founders’ inspiration…engaging in racial discrimination? How could this be? Sniffed Actors Equity spokeswoman Maria Somma “The language … is inconsistent with Equity’s policy.”

Yes, this would be because Actor’s Equity has a lot of dumb policies, and like all unions, doesn’t really care about keeping the industry its members work in healthy, productive and profitable, only  making sure as many members as possible have jobs or at least shots at them. There is nothing whatsoever racist or discriminatory about a show that relies on the concept of non-white actors playing the very white Founding Fathers announcing that only actors who can fulfill that conceptual requirement will be considered for roles.

Civil rights attorney Ron Kuby, in an interview with the NY Daily News,  agreed the advertisement might technically violate the city’s human rights law, but that this is because casting is an anomaly. “It’s almost always illegal to advertise on the basis of race, but when you’re casting … it can be a bona fide occupational requirement,” he said. Continue reading →