Ethics Quote Of The Day: Ken at Popehat

“If you practice as a lawyer, you owe it to your clients only to do the things you are competent to do. Embarking on the defense of a man accused of murder as your first trial is a moral and ethical outrage. Regrettably, the profession is barraged with eager voices telling us that attracting clients with puffery and keywords and Twitter accounts is the way to build a practice. Nobody’s reminding us that you have an obligation to know what you’re doing before you accept the client. Somebody should.”

—-Ken, the lead blogger/attorney/libertarian/ wit/ First Amendment champion at Popehat, summarizing the lessons of the Joseph Rakofsky saga. Rakofsky was a green D.C. lawyer ( he is still a lawyer, less green but sadder and wiser) who indeed did take a murder defense as his first trial, made an epic botch of it, and then launched a desperate defamation lawsuit at legal bloggers, like Ken, who had told his cautionary tale to the world with appropriate ire. The law suit was dismissed last week.

What's next for Joseph Radofsky? Maybe he'll run for President....

What’s next for Joseph Radofsky? Maybe he’ll run for President….

Competence is an ethical value, especially in the professions, but also in most pursuits. Taking on the responsibility of accomplishing a task creates a duty, and doing so without being justifiably certain that you will have the skills to do it is reckless and irresponsible.

Ken, an experienced and accomplished attorney whom I have consulted for his professional advice in the past, also knows that inexperience does have to be eradicated with experience, and a strict application of his statement in all cases would lead to a frustrating Catch 22. Every pilot has to take that first solo flight; every head surgeon has his first major operation; and Clarence Darrow had to take on that first murder trial before he could say with complete confidence that he knew exactly what to do. On a more basic level, any lawyer taking on a representation in a type of matter she has never handled before, such as drafting a will, will be, in  a sense, accepting a client before she knows what she is doing, because she hasn’t done it before. That’s okay, however: the ethics rules, as expressed in the American Bar Association’s Rules of Professional Conduct (in Rule 1.1) say its okay, as long as, by the time the task is underway, the lawyer is sufficiently competent: Continue reading

Clash of the Ethics Dunces: The Web-shaming Student and the Angry Principal

This doesn't make either of you look very good, guys....

This doesn’t make either of you look very good, guys….

Back when hitch-hiking was in vogue and both hitch-hikers and drivers were being warned about the various horror stories that the transportation transaction had led to through the years, I used to wonder if a murderous hitch-hiker ever got into the car of a homicidal driver, and what ensued. This tale from Riverdale High School (yes, the same school Archie and Veronica go to, apparently), in Georgia is a little like that, though no slaughters were attempted. An ethically inert school principal grossly abused her power in response to a gratuitously cruel student. I suspect this happens rather more often than my hitch-hiking hypothetical.

Student Keandre Varner, on a lark, decided to check and see if a mug shot existed for his high school principal, Jamille Miller Brown.  Sure enough, he found one, so he thought the fair, kind and responsible thing to do was 1) post it on Instagram, and 2) suggest that the mugshot arose from a DUI arrest. Continue reading

Psychic Ethics: Sylvia Browne’s Dilemma

Sylvia Browne, under fire for not being a real psychic by people who should know better.

Sylvia Browne, under fire for not being a real psychic by people who should know better.

Growing up, I knew Sylvia Browne as one of the more colorful friends of my father, who knew her brother in the army. She visited from Kansas City every year or so, and her claims of psychic powers never came up, perhaps because my father didn’t believe in such things. My first inkling of “Aunt” Sylvia’s other life was when she pulled me aside in the fall of 1966, after hearing me bemoan the low state to which my beloved Boston Red Sox had fallen. They were going to finish the season in last place, the team’s vaunted youth movement was a flop, and I was disconsolate. “Don’t tell anyone I said this, ” she told me, “but the Red Sox will be in the pennant race next year to the very end. It will come down to the last two games.”

This seemed incredible to me, but what the heck: when the 1967 season tickets went on sale that winter, I sent in an order for two seats on the third base side for the next-to-last game of the season, against the Minnesota Twins. Baseball fans will recall that the ’67 season featured the closest race in American League history, with four teams, including the underdog Red Sox, staying essentially tied for months, with the pennant decided in the last two days at Fenway Park. Sure enough, Boston swept the Twins twice to make up a one game deficit and go the World Series. Sylvia called it.

During college and law school, Sylvia Browne fell out of my family’s life, but our paths intersected again when she showed up for a surprise visit at our home while I was studying for the Massachusetts bar exam in 1975. My job with the Mass Defenders had fallen through, and I had received an unexpected job offer from my law school to work for the new Dean. It would mean moving to D.C., which I didn’t want to do, and I was torn. This was the big topic of discussion while Sylvia was having dinner with us; my mother was emphatic that I should turn the offer down. For the second time, Sylvia pulled me aside for an unsolicited consultation. “Go to D.C.,” she said. “Your future wife is waiting for you.” I naturally assumed that she meant my current girl friend from law school, who was still in the District. “Not her,” Sylvia said. “Another. This job will bring you together, for good.”

I did take the job, although Sylvia’s advice played no part in it. Indeed, I forgot about the conversation completely until it came back to me right before I proposed to my wife, now my wife of 33 years, who was a work colleague of mine at the law school. Sylvia was two for two, at least where I was concerned.

Why I only had dealings with Sylvia Browne when the Red Sox were destined to go to the World Series I can’t imagine (Boston played Cincinnati in the 1975 classic), but the next time I heard from her was in 2004, the year they finally won it. She called me in my ProEthics office on November 17 of that year, and she was distraught. She was calling me, it turned out, not to give advice, but to receive it.  Continue reading

Education Ethics Dunces: The Duncanville (Tx) School District And All Supporters And Enablers Of Jeff Bliss, Who Is Part Of The Problem With U.S. Education, Not The Solution

There are days when I despair of the nation and its society, when all the evidence points to a culture that has lost its way and is wandering deeper and deeper into the fog and mire. Today is such a day, and the Jeff Bliss saga is the perfect horrible exclamation point on my silent scream, which may go vocal any minute now.

To read the praise being heaped on Bliss, an 18-year-old Duncanville (Texas) High School sophomore, one would think he was a precocious education philosopher who spontaneously emitted the solution to the nation’s public school woes. In fact, what he did was strenuously object when he felt his teacher didn’t give the class long enough for an assignment, kept complaining when she ordered him to be quiet, and was quite properly ordered out of the classroom. This caused him to launch into a diatribe about her teaching methods, which was captured on a fellow student’s cell phone and put on YouTube. And here it is:

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Charles Ramsey Is A Hero. Show Some Damn Respect.

Nice---he saves the women, and you mock him. Who's the real jerk here?

Nice—he saves the women, and they mock him. Who’s the real jerk here?

Charles Ramsey is a hero without qualification. He saw someone in peril and acted, kicking in his neighbor’s door to help a woman and a child who were strangers to him. This assertive and proactive conduct led to the rescue of three young women missing for a decade. Yet because Ramsey is unrepentantly expressive in the manner of his community and peer group, and is not the typical white, middle class American who tends to dominate the internet, videos of his account of the event, replete with colorful slang and vernacular and his own expressive flourishes, have become objects of mockery and ridicule on the web, with a nasty racist edge. He is now a viral meme, especially his signature quote about knowing something is wrong when “a little pretty white girl” runs into “a black man’s arms.”

Wrong. I love Ramsey, and love his open, clear, emotional, story-teller’s manner. He is articulate in the true spirit of the word—interesting, vivid, clear and genuine. John Kerry should communicate so well. Mitch McConnell should hire him as a coach. If Al Sharpton could convey such sincerity, we’d all be in trouble. Continue reading

Unethical Quote of the Week: “Meg Lanker-Simons is Innocent” Facebook Page

“Meg Lanker-Simons is innocent we believe what she did was justified and deserves not to be held accountable for her accusations we stand behind you sister.”

—-The Facebook page dedicated to the plight of University of Wyoming student, progressive blogger and campus radio host Meg Lanker-Simons, who apparently sent an obscene and threatening message to herself online under the guise of an anonymous male conservative, one of her sworn foes. She has been charged with a misdemeanor by campus police.*

I confess, there were more flattering photos of Meg I could use, but she doesn't deserve them. What she deserves, really, would be for me to dress up in drag, take my own photo, and not only label it as meg, but then riff on how ugly she is in the picture, when it's really me. Meg would approve of that. She'd have to.

I confess, there were more flattering photos of Meg I could use, but she doesn’t deserve to have me use them. What she deserves, really, would be for me to dress up in drag, blacken my teeth and take my own photo, and then not only label it as Meg, but then riff on how ugly she is in the picture, when it’s really me. Meg would approve of that. She’d have to.

Let us stipulate that the title of the Facebook page may well be correct, as James Taranto persuasively argues: threatening yourself, even with rape, which is what Lanker-Simons did, is unlikely to be anything but protected speech.

Beyond that, however, this kind of stunt is low-wattage Tawana Brawleyism,  and thus ethically revolting. That 38 Facebook fans and the semi-literate clod who authored the quote above argue that it is “justified” shows that ethics rot has some new and virulent strains.

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Ethics Alarms, Shaming, and Clarifying the Audrie Pott Tragedy Post

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There I go again…

I prefer to let arguments over what I write, mean and imply in the posts here resolve themselves in the comments; after all that’s the point of my writing them. I don’t like to write clarifications and re-considerations, and have posted very few. That is not to say that every post is a polished gem and perfectly articulates the often complex and contentious observations I’m attempting to make…far from it. Virtually everything I write would benefit greatly from being able to take the time to review it, think about it, run it by a few trusted colleagues, re-write it a few times, and post it a day or two later. I know that.  I write quickly, often in one draft, trying to keep up with a dynamic and diverse topic with a balance of quantity and quality I have time to deliver. It’s a trade off, and one that, fortunately, a passionate and articulate group of readers help make work.

For several reasons, the post “Audrie Pott, Web-Shaming And Moral Luck” has sparked confusion and discord, and I will accept the responsibility for that. Not every post works. Often, regular readers will note, I will choose a current event to use to highlight an ethics issue that is not the one most people are focusing on—sometimes this has yielded a very good post, and other times, I don’t quite pull it off. The danger is always that by not focusing on the primary issue, I will unintentionally send the message (to some) that I don’t think it still is an important issue, or that what I have chosen to write about instead is more important. That happened with this post. Continue reading

Yikes! I Turn My Back For A Minute, And All Hell Breaks Loose…

My apologies to all.

I was on the road in Chicago preparing for a marathon musical ethics seminar for a tough crowd (PhD lawyers), and got up early to get some posts up, then was occupied until the wee hours with work and travel. I just checked the blog, and all sorts of arguments are breaking out everywhere, new comenters are stuck waiting for approval, and chaos reigns.

Clearly, I picked the wrong day to try earning a living: I’m sorry for the delay and neglect. Moderation, responses, refereeing and clean-up will commence. I may need to appoint one of you  moderator pro tem in the future.

On The Duty To Snuff Out Web Hoaxes

nigerian prince“Today’s” web page has a well-considered feature dealing with the common situation of a friend on Facebook or e-mail who is spreading a web hoax, false rumor or bad information. It’s threshold query: do you have an obligation to correct it? The short answer is yes, but with caveats. You can’t spend all your time knocking down web nonsense, and there are some hoaxes that aren’t important enough to devote much time to killing.

A few years ago, a smart and canny lawyer friend circulated an e-mail advising people who were in the throes of a heart attack to intentionally cough, citing a source that had given this as a helpful survival tip. One of those on her distribution list immediately e-mailed her and everyone else alerting them that the advice was completely wrong, and potentially deadly. That timely correction may have saved a life.

It is also prudent and kind to be especially protective of seniors and others you know who may be new to the internet. That damned Nigerian prince and your friend who is stranded in a foreign country and needs money to get home still fool nice, gullible people after all the warnings and articles. It’s a jungle out there, and we all have a duty to warn each other when we see predators lurking.

The Today article, “Friends Spreading Internet Hoaxes?…” is here.

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Pointer: Fark

Source: Today (NBC)

The Steubenville Ethics Train Wreck: So Far, So Bad

steubenville

There has been no mention here of the awful Steubenville, Ohio rape case before today, and there was a reason for that. This is a massive ethics train wreck that is not only still rolling and accumulating passengers and victims, but is also too full of debris and wreckage to fully understand. At the end of this month, a grand jury will begin examining the looming question of whether others besides the two high school football players already convicted of the rape should be indicted.  The town is also doing an investigation of its own. These will help. My hesitation in diving into this gothic American nightmare is that recounting the obvious instances of miserable, heartless, ethically incomprehensible conduct by participants, observers, public officials and commentators doesn’t begin to make sense of it.  We will be analyzing and discussing this episode for a long time—we will have an obligation to do so. It is every bit as important and alarming as the Penn State scandal, and more significant than the infamous New Bedford pool table rape case, which was adapted into the Academy Award-winning film, “The Accused.”

The crucial cultural questions that will have to be answered are these: Continue reading