Professions

Ethics Quote Of The Month: Ann Althouse

/ Jack Marshall / 27 Comments

battery

“To everyone who likes that Lewandowsky got charged: Will you agree that everyone who does nothing more than that should undergo criminal prosecution? Are you willing to pay the taxes to cover that? Are you ready to find out that you’ve already done it and you’re going to be needing to hire a lawyer? Oh, but it’s so funny when it happens to somebody else, somebody you don’t like. If that’s what you think, please just admit to yourself that you are entirely morally corrupt.”

––Law professor and blogger Ann Althouse, taking the popular position among the talking legal heads on CNN and elsewhere that charging Trump’s campaign manager for the technical crime of battery for for what appears to be minor contact on videotape is an abuse of prosecutorial discretion.

Ann is playing law professor here, and it’s hard to tell if she is asking these questions to provoke thought from the knee-jerk partisans and virulent Trump-haters, or if she really believes everything she wrote. I;m a fan of Professor Althouse, so I want to find  a way to justify this post of her’s, which raises valid points and ignores others equally valid.

Do I “like” the fact that Lewandowsky was charged? I probably wouldn’t have charged him, but I’m not sorry he was charged. Why was a campaign manager grabbing a reporter? Why did the Trump organization react to the reporter’s complaint by attacking her honesty and character? I know the law shouldn’t be used to inconvenience people who act badly, and that doing this is usually an abuse of power. Still, do I like the fact that one of Trump’s thugs isn’t getting away with the thuggishness encouraged by his boss? Yes, I guess I do.

The charge can be justified on utilitarian grounds. Today I saw a cable TV news exchange regarding Fields’ complaint on CNN, where a lawyer explained that any unconsented touching is battery, and the interviewer was shocked. “What?” she said. Yes, I remember a lot of classmates in first year of law school being surprised at that too.

It’s the Common Law: nobody has a right to touch anybody else. I love that principle, myself: I don’t touch people unless I have permission, and they better not touch me. It’s  per se battery, and while we usually don’t press it, we might if the batterer is enough of a jerk, or does more harm than he intended. If charging Lewandowsky makes people think twice before laying their hands on me or anyone else, good. Sending a message to discourage others from wrongful acts is always a valid reason to charge someone. Continue reading →

MSNBC Reporter Tony Dokoupil Explains Why His Profession Is Incompetent And Untrustworthy

/ Jack Marshall / 14 Comments

softball_dirt_thumb

On his MSNBC show “Last Word,” host Lawrence O’Donnell expressed surprise that Wisconsin radio personality Charlie Sykes, who conducted a tough interview with Donald Trump this  week, was so much more aggressive that the softball  mainstream media interviewers.

His guest, MSNBC reporter Tony Dokoupil, who is assigned the 2016 campaign beat,  explained that Sykes had done a “one and done” style interview with Trump, which, he said,  journalists who want to have access to Trump over the long haul cannot afford to do.

“People who are on the beat, people who work for our network, they have to keep that relationship going for a long, long time,” Dokoupil said. “Charlie did not have that burden.”

O’Donnell was shocked—shocked!—at this statement. “Well, I don’t think the fact that you have to cover Donald Trump means that you have to then play softball with him so that you can guarantee he will speak to you another time,” he said. “Once the mission of the interview is to get the next interview with the same person, we know how soft that interview is going to be.”

This is hilarious coming from O’Donnell, a blazing partisan who has barely given a tough interview to a Democrat or progressive politician in his life. But I digress.

Dokoupil had committed the cardinal sin of speaking the truth, and it explains a lot. Steve Kroft had essentially made the same confession a couple of years ago when he said that President Obama was willing to do interviews for “60 Minutes” because he knew they would be “fair.” (That was also hilarious, because “fair” is a standard “60 Minutes” has never applied to politicians and leaders it wanted to exhibit in a harsh light. Sorry, digressing again.) The soft-ball approach certainly explains why so many reporters refuse to challenge Trump, and Trump’s boycott and attacks on Fox’s Megyn Kelly for daring to challenge him made explicit the conditions that Dokoupil felt were implied. When ratings are driven by which talking head show gets the falshiest guests, of course most interviewers avoid the “one and done” approach. Is it cowardly? Yes. Does it serve the public interests? No. Does it make lying, misrepresentation and an absence of integrity easy, painless and effective for Trump, Clinton, Obama, Cruz, Sanders, etc., etc.? Sure it does. It also undermines democracy, and is a disgraceful breach of journalism’s obligation to view the public, not its leaders and powerbrokers, as its only constituency.

Would an ethical, trustworthy professional allow this? No, but journalism hasn’t been ethical, trustworthy or professional for a very long time, if ever. For example, the Guardian reported German historian Harriet Scharnberg’s claims  this week that the AP made a mutually beneficial pact with the Hitler regime in order to ensure access to Germany throughout the Holocaust and World War II. The deal had the Associated Press promising to abide by  the Schriftleitergesetz, or editor’s law, agreeing not to publish anything that could be “calculated to weaken the strength of the Reich abroad or at home.” .

I’m sure Lawrence O’Donnell is shocked at this, too.

North Carolina’s Conflicted, Disloyal, Unethical Attorney General, Roy Cooper

/ Jack Marshall / 17 Comments
A candidate masquerading as a lawyer...

A candidate masquerading as a lawyer…

Roy Cooper, North Carolina’s elected Attorney General, has so many conflicts of interest that he can’t credibly do his job in an ethical manner. Fortunately for him doing his job ethically seems to hold no interest for him.

To start with, he is an announced political opponent of the current Republican governor, Pat McCrory. This situation is not unique, but if an Attorney General is going to do his job ethically, for remember he is the state’s lawyer, he has to make an effort to put his political interests aside and not allow them to interfere with his duty to represent his client the state, whose voters have made McCrory its top decision-maker.

Cooper, however, isn’t making any such effort. House Bill 2, a state law passed last week that bars local governments from enacting nondiscrimination protections for the LGBT community, is anathema to Cooper’s constituency, so he is refusing to defend it in court against a federal lawsuit. If he were a private attorney whose beliefs rendered it impossible for him to represent his client, Cooper would have to resign. Since he is elected, he need not do that, but he can’t actively interfere with his client’s legal needs either. His proper course under the legal ethics rules governing all lawyers would be to find an outside counsel to do his job in this case, since he is incapable of doing it, and to defend the law.

Instead, Cooper is actively undermining his client’s legitimate objectives.  Cooper said in a news conference that the law is a “national embarrassment” and it “will set North Carolina’s economy back if we don’t repeal it.” That’s the candidate talking, not the state’s lawyer, and thus the state’s lawyer is engaged in a bright-line breach of loyalty by talking like that in public. His duty, and his only ethical option, is to shut up. He may not be able to support his client’s objectives, but he absolutely must not impede them.

Cooper has even gone beyond that ethical violation to a massive conflict of interest breach. Instead of defending McCrory, the Board of Governors and the others being sued in the federal lawsuit, Cooper has announced that he will defend the two LGBT people and the lesbian professor bringing the lawsuit against the state! Continue reading →

Ethics Observations On The Michelle Fields-Corey Lewandowski Ethics Train Wreck

/ Jack Marshall / 8 Comments

trainwreck6

Michelle Fields, a stand-in reporter for Breitbart, gets manhandled at a Trump rally while trying to ask The Donald a question. She complains, the Trump organization attacks her, her Trumpized employers refuse to back her, and now battery charges have been filed in North Carolina against Corey Lewandowski, Trump’s campaign manager, whom Fields says grabbed and bruised her. Meanwhile, multiple members of the Breitbart staff, including website star Ben Shapiro and the reporter, have resigned.

What’s going on here, and why does it matter?

1. It matters because what should have been a minor episode has turned into a full-scale ethics train wreck, with the still-growing passenger list including Donald Trump, his campaign, Breitbart, Fox News, the justice system, Fields, Shapiro, the Washington Post, Piers Morgan, and Trump’s embarrassing supporters. Nothing has escalated into a nasty and destructive battles of wills, because Donald Trump creates a culture in which winning and never apologizing turns every dispute into ugly confrontation and warfare.

2. This is how Trump as President would and could start a real war. His entire philosophy precludes common sense and diplomacy. Just because an incident is trivial in substance doesn’t mean its implications can’t be significant, and this is an excellent example. Look at how it developed. Trump’s staff embraces the culture he has created and endorses—thuggishness, misogyny, a contempt for manners, a refusal to be gracious, insistence on winning above all, even when the benefits are dwarfed by the costs. A government and nation under Trump would do the same. A complaint over fishing rights or an imagined diplomatic gaffe would deteriorate and escalate, with President Trump shouting insults from the Oval Office. Continue reading →

Now THAT’S The Unauthorized Practice Of Law!

/ Jack Marshall / 9 Comments
The fake lawyer with her husband, if it really IS her husband....

The fake lawyer with her husband, if it really IS her husband….

Usually lawyers get sanctioned for engaging in the “unauthorized practice of law” when the unwittingly fail to pay their bar dues, or handle a matter from the comfort of their office involving a client in a state they can’t practice in. It’s a serious ethics violation and a crime as well in some cases, but seldom do you see an example of UPL, as it’s called, like this.

For ten years, Kimberly Kitchen worked as an estate planning lawyer at BMZ Law in Huntingdon County, Pennsylvania, and thrived.  She even served as president of the county bar.  She was never a lawyer, however; never went to law school, never took the bar exam. Prosecutors said she forged documents to show she graduated from law school at Duquesne University, passed the bar and was licensed to practice. Everything was a fake, and she was a fraud. Now she is facing jail time. Continue reading →

Unethical Tweet Of The Month: Hillary Clinton

/ Jack Marshall / 7 Comments

hedge funds

Among her almost infinite flaws, Hillary Clinton is stunningly lacking in self awareness, and her statements often—astoundingly often—point to her own misconduct and ethical bankruptcy without her comprehending the self-indictment. She has tweeted, more than once, this sentiment, for example:

“To every survivor of sexual assault…You have the right to be heard. You have the right to be believed. We’re with you.”

…though Hillary was emphatically not “with” the women who credibly accused her husband of sexual assault, and still do. She will make statements to one group that are the exact opposite of what she recently said to another group, without batting an eye. Hillary actually committed the meta-lie of saying she never has lied, which is manifestly unbelievable. Then there was this Titanic-style gaffe…

“There should be no bank too big to fail and no individual too big to jail.”

…coming from someone who is, many legal experts believe, not already under indictment purely because she is “too big to jail.” (and then there is hubby Bill, who engaged in flat-out illegal election conduct in Massachusetts that you or I would have been arrested for, and didn’t even get a rap on the wrists.) Neither Clinton has any integrity at all, or shame either. It’s really quite stunning.

Last week, Hillary tweeted this howler:

Hillary Tweet 1

This is an example of a politician intentionally playing to class divisions, ignorance and bias, and worse, encouraging them. It is exactly like saying that it is “unacceptable” that Jimmy Fallon, who only hosts a silly late night show, makes more money than any cancer surgeon, special needs teacher or EMT alive. In some ways it is worse, because most people understand what those jobs are, and may  sort of comprehend the economic principles at work: if Jimmy Fallon drops dead, there is no replacement who will bring to the job exactly what Jimmy Fallon did. He is a unique commodity, and EMT’s are not. The statement is just an emotional attack on the fact that people value laughing over things that are objectively more practical, and entertainment salaries reflect that. Continue reading →

Unethical Quote Of The Month: Above the Law’s Joe Patrice

/ Jack Marshall / 9 Comments

[C]onsensual relationships with adults don’t seem like a big deal. Sure, the conflict of interest of sleeping with someone in your class is deserving of discipline, but, really, in a state where you can marry your sister, is it a fireable offense to hookup with a twenty-something attorney-to-be? Obviously, if there were more serious allegations that would be another matter, but so far we’ve only learned of this more benign brand of misconduct.

—-Above the Law writer Joe Patrice, commenting, incompetently, on the firing of Virginia University College of Law Professor Arthur Rizer, for having sexual relations with multiple students.

Professor Rizer, the Sam Malone of West Virginia University College of Law...

Professor Rizer, the Sam Malone of West Virginia University College of Law…

This commentary, from a regular writer for a website that covers law schools, is so ethically obtuse and legally ignorant that he should be fired. “Not a big deal”? Sexual harassment at law firms is a very big deal as well as a very big problem, and a law professor who flagrantly violates an anti-harassment policy like the prohibition against professors treating the student body as their own personal dating bar is teaching that seeking sex with subordinates is culturally acceptable in the legal profession. It isn’t. It never has been.

The professor’s conflict of interest is the least of his self-created problems. First, there is no valid consent in such cases. The professor has real and perceived control over students’ academic success and legal career viability. This is classic inequality of power that gives a professor implied leverage over a student’s “consent” to sexual relations. Moreover, the knowledge that a professor is having sex with students constitutes third-party sexual harassment. Do other students assume that they are expected to have sex with the professor if he requests it? Is the professor looking at female students as mere sex objects? Are students that provide sexual access more likely to get high grades? What happens to students who say “no”? This creates a hostile environment for study and education. Continue reading →

The Ethics Of Judges In Love

/ Jack Marshall / 8 Comments

gavel heart

When  attorney Joe Foley represented a client in a matter before Judge Scott Drazewski in early 2011, he was unaware that the married judge was involved a year-long secret romantic affair with Judge Rebecca Foley, the attorney’s wife.

Now both Illinois judges  have been disciplined by state legal ethics authorities for failing to reveal their romantic relationship and violating multiple ethics rules as a result. The ethics commission imposed a four-month unpaid suspension on Drazewski for “egregious” judicial ethics violations, and censured Judge Foley for assisting, aiding, abetting, and not reporting his violation or their affair. Continue reading →

Yet More Casting Ethics: Let’s Slap This Bad Idea Down For Good, Shall We?

/ Jack Marshall / 78 Comments
What? They cast a Hispanic actor as Khan instead of a genetically engineered Mongolian actor?

What? “Star Trek” cast a Hispanic actor as Khan instead of a genetically engineered Mongolian actor?

One way really terrible ideas take hold and do damage to the culture is for rational people to ignore them while zealots, ideologues and wackos keep repeating them over and over until they no longer sound as wrong as they are. Allowing illegal immigration to continue undiscouraged was one of those ideas, manifestly ridiculous and destructive. Now look where we are.

Ethic Alarms has had several posts on another really bad idea lately that is being pushed on the culture by political correctness and affirmative action activists: the loopy assertion that ethnic roles in movies and TV should only be cast with actors whose ethnic origins match those of the characters, and that if a director casts someone else, racism and bigotry are at play. Not too long ago, such an assertion would be regarded as too silly to discuss, but we have been through an intense period—the period known as “The Obama Era”— where tribal spoils, grievance-mongering and group identification have been accorded higher priority than, for example, talent, competence, experience or proven success. Through the fog of such distortions, the idea of rigid ethnic casting doesn’t seem so crazy, though it is crazy indeed.

I regard it my duty as someone who has both professional expertise in ethics and casting to slap down this rotten and indefensible  idea every time it raises its repulsive head. I recommend that you do the same.

Yesterday, Ana Valdez, the ex­ec­u­tive di­rec­tor of the Latino Donor Col­lab­o­ra­tive, wrote to the Washington Post to endorse film critic Ann Hornaday’s column complaining about white actors playing Middle Eastern roles (I managed to hold down my bile with that one), and  added…

She failed to ac­knowl­edge per­haps the big­gest white­wash­ing: the con­tin­ual cast­ing of white ac­tors to play Lati­nos. This has been go­ing on for decades, from Eli Wal­lach play­ing Calvera in “The Mag­nif­i­cent Seven” to Mark Ruf­falo play­ing Michael Rezen­des, a Bos­ton Globe re­porter, in “Spot­light.” Jen­nifer Con­nelly won an Os­car for her por­trayal of Ali­cia Lardé Nash in “A Beau­ti­ful Mind,” and Ben Af­fleck played Tony Men­dez in the Os­car-win­ning “Argo.” All of these char­ac­ters are Latino. Ethan Hawke, Meryl Streep, Cather­ine Zeta-Jones, Jeremy Irons and Glenn Close all have played Lati­nos in mo­tion pic­tures…. It does look like Hol­ly­wood is try­ing not to hire Lati­nos.

No, it doesn’t look like that at all. Continue reading →

The Manager, The Hot Reporter, Conflicts and Professionalism

/ Jack Marshall / 11 Comments

moranfarrell

It’s nice of my favorite baseball team to supply me with ethics stories, don’t you think? This one has management ethics, relationship ethics, journalism ethics, sexual harassment and professionalism.

The Boston Globe reported last week that Boston Red Sox manager John  Farrell and Comcast SportsNet New England reporter Jessica Moran, who covered the team,  were romantically involved. Moran promptly resigned. This quickly degenerated into the usual ethically muddled discussion by members of the public who watch George Stephanopoulos interview Hillary Clinton and see nothing amiss, and have been so badly taught the ethics basics that they couldn’t identify a conflict of interest if they tripped on one, and members of the news media, who, if anything, are worse.  Among the questions being floated, and their somehow elusive answers…

These are consenting adults. Why aren’t they free to have a relationship?

Because they are professionals, with special duties to their constituencies and stakeholders, and the relationship between a reporter and her subject undermines independence, loyalty, trust and competence.

Why is it always the woman the one who has to lose her job?

It isn’t. The journalist has to lose her job, because the journalist breached the basic ethics of the profession. The baseball manager’s conduct is wrong,  but comparatively tangential to his duties at worst. It is still seriously unethical, however, and undermines team culture and the status of other women who have duties involving the team.  Farrell, by dating Moran, was sending a message to his players and other team personnel that these women are legitimate targets for sexual courtship rather than workplace colleagues.  The relationship may have constituted third party sexual harassment, making other women feel as if team leadership had sent the message that they weren’t to be taken seriously as professionals.

Why is everyone making a big deal about this? She’s a beautiful young woman, covering a team of men. Isn’t this to be expected? Continue reading →