Category Archives: Unethical Tweet

“Hello. Yes, Once Again, I Want You To Meet Larry. You Remember That He Was A Respected Harvard Law Professor, But The Scourge Of Anti-Trump Mania Has Left Him Silly And Obsessed. Won’t You Help Sufferers Like Larry With A Generous Donation?”

 

The steady deterioration of former Harvard Law professor Lawrence Tribe is truly a cautionary tale. Bias makes you stupid, but Larry had IQ points to spare, once.  Trump Derangement makes you stupid, and this strain of political hostility is far, far worse than the Clinton, Bush and Obama strains. Once Tribe was infected, his intellect was in peril.

Then he became addicted to Twitter. I tell my legal ethics seminar attendees that Twitter lowers a lawyer’s IQ by anywhere from 40-60 points. Once, Larry could have sustained that and still given me a good game of Scrabble. On top of his ossifying liberal bias and the ravages of Trump Derangement, however, Twitter delivered the coup de gras to his gray matter.

We saw the beginning of this in 2016, when he shattered a basic legal ethics tenet–Larry used to teach this stuff–with a mind-blowing tweet. After Trump’s election, Tribe began making silly claims that the President was impeachable,  and took to Twitter to spread batty “resistance” conspiracy theories, while calling a White House aide  “non human.”

Now it seems beyond dispute, sadly, that Lawrence Tribe is in the end throes of Anti Trump Brain Virus infection. Continue reading

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Morning Ethics Warm-Up, 11/17/2017: Groping And Griping [Updated]

GOOOOOOD  Morning!

1 Well THAT took an excruciatingly long time! Ethics Alarms finally reached its high water mark in followers this week, and has held the line for a change. Traffic has been disappointing in 2017; this will be the first year in which visits have fallen from the previous one. I blame the anomalous lack of any viral posts, which usually number two or three a year, (and are completely unpredictable), and the Trump-and-Hillary-driven polarization of the web. I have seen a significant net drop in followers every time Ethics Alarms unequivocally criticizes one “side” over the other, no matter how richly the ethics criticism is deserved.

People really do prefer echo chambers. It’s dispiriting.

Update: Right after I posted this, EA lost a follower.

2. Speaking of echo chambers..It is incredible how quickly the Democrats and progressives on Facebook  started defending Sen. Al Franken in the exact same terms, excuses, rationalizations and fallacies used all week by Roy Moore’s unprincipled defenders. The timing is suspicious…it’s only one time…this is politically motivated…we need his vote regardless…I believe him, not her…it was a long time ago…why did she wait so long?…he wasn’t in politics then…What about Trump?...everybody does it. In many cases they  mocked virtually the exact same statements by Republicans spinning for Moore that they are now making themselves.

Those who aren’t quite so hypocritical nonetheless praise Franken’s deceitful and manipulative apology. I guess Al’s supporters and journalists are exactly as dumb as he’s betting they are. The news media has also swallowed that apology whole. If they would just read Ethics Alarms, they wouldn’t embarrass themselves. Well, not so much and so often anyway.

(I’m sorry. The traffic stuff is getting to me…)

3. Read this, and get a surprise! Here’s an interesting website: Your Morals. Org. It has a list of studies you can participate in online—there’s a registration process that isn’t too time consuming— that gather data while purporting to measure your values, political leanings, tolerance for opposing views, and “morality.” I took the political orientation and attitudes survey.

I scored almost exactly in the center, leaning juuust a smidge…Democrat!

4.  NOW they tell us! I’m sorry, but I don’t care to hear Democratic politicians say  that Bill Clinton should have resigned during the Lewinsky scandal. Senator Gillibrand, who brought “Mattress Girl” to the State of the Union, has the immense gall to say that, 20 years after the  issue became moot. Of course he should have resigned. He lied under oath, lied to the American people, directly, calculatedly and intentionally, and obstructed the investigation, legally and illegally. But Democrats and feminists threw their principles into a big bonfire for political expediency, and it is a cheap, transparent and nauseating tactic to reverse themselves after all the damage Clinton’s pass for his “personal conduct” —I remember all the doges and rationalizations–did to the culture.

Paul Mirengoff,  a prominent Maryland-based lawyer who handles labor and employment-law cases, does an excellent job debunking a current Democratic talking point being used to explain why the party’s disgraceful posturing and enabling for Clinton was the result of sexual harassment “not being taken as seriously as it is today.”  He concludes,

Given the history I’ve just described, the argument that feminists and Democrats shrugged off claims of sexual misconduct against Clinton because of “the times” is unsustainable. The argument that, if Bill Clinton were president today, feminists and Democrats would believe Clinton’s accuser, or even just treat them with a modicum of respect, is unpersuasive.

The claims against Clinton were brought at a time of intense consciousness of the problem of sexual harassment. If anything, that consciousness subsided after Clinton’s presidency, thanks to the unwillingness of feminists and liberals to take his sexual misconduct seriously.

That unwillingness cannot be defended on the theory that times were different.

An aside: I saw that Move-On.Org has called for Franken to resign. Hilarious. The organization was created to argue that the nations should “move on” from the Clinton-Lewinsky scandal and let Bill off the hook. I invoke the Ethics Alarms principle of Ethical Estoppel. This group, of all groups, may not argue that any politician should resign after allegation of sexual misconduct. Ever.
Continue reading

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Dear Lisa Bloom, You Unethical Hack: Stop Making Me Defend Kathy Griffin!

I had to get this post up before the Morning Ethics Warm-Up, because it warmed ME up by almost exploding my head.

Lisa Bloom, the daughter of feminist muck-raking celebrity attorney Gloria Allred, has already shown the she has either no regard for legal ethics, or is spectacularly ignorant of them. She has publicly breached the duty of loyalty, attacking her former client, Harvey Weinstein; she took on Weinstein in the teeth of a blatant conflict of interest that she also publicized, as if it was something to be proud of. Yesterday, she showed that she is unfamiliar with, or perhaps just doesn’t give a damn about, the core legal ethics principle of confidentiality, perhaps the most important legal ethics duty of all.

Her latest ex-client to be the victim of Bloom’s unprofessional conduct and disloyalty is Kathy Griffin, she of the severed head. Griffin announced that she had fired Bloom, and wasn’t nice about it—but then when is Griffin ever nice?—saying, “Yes, I got Bloomed. Yes, I didn’t have a good experience with her. Yes, I feel that she and her husband exacerbated my personal situation.” Disaffected clients can say anything they choose about their lawyers. They can do it on Yelp, on the lawyer consumer site Avvo,  to the Hollywood Reporter or hire a skywriter. What a client says, mean or not, untrue or not, still  does not alter a lawyer’s continuing ethical obligations one whit. A lawyer cannot get into a public fight with a former client over what did or did not occur during the representation. Every lawyer knows this, or is supposed to.

Yet Bloom—I would say “incredibly” had we not seen other examples of her professional ethics cluelessness—released this statement on Twitter:

[My head told me in a statement that it would have exploded over this but determined that doing so over Kathy Griffin and Lisa  Bloom was demeaning to head-explosions. I concur.]

The fact that Bloom had prepared Griffin’s remarks for the press conference, the fact that they worked on them together, the fact that Griffin discarded them, the fact the performer “ad-libbed” and “extemporized” are all client confidences. For all we knew, Griffin’s claim during the press conference that she was ignoring her notes was part of a pre-planned strategy.  I assumed it was; Griffin is an actress. “It’s best if you show that you are talking from the heart, Kathy,” is advice I would expect Griffin’s lawyer to give. A lawyer cannot tell the public that a client ignored her advice. Only the lawyer and the client know that. Revealing it is to disclose information the lawyer learned during the course of the representation that will harm or embarrass the client, a serious ethics violation and betrayal of trust Continue reading

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Morning Ethics Warm-Up, 10/22/2017: My Unfair College Admission, U. Penn’s Bigoted Grad Student, Fox News Imitates The Weinstein Company, And THIS Is An Unethical Lawyer…

Good Morning!

1 Yesterday’s ethics  bombshell was the news that Fox News extended its contract with star bloviator Bill O’Reilly earlier this year, knowing that he had agreed to a $32 million settlement with a woman who accused him of  repeated harassment, a non-consensual sexual relationship, and other offenses. Nonetheless, it decided  it decided to sign him a four-year, $25 million a year, contract extension. The New York Times scoop reported that Rupert Murdoch and his sons,  decided that it was worth it to keep O’Reilly even as Fox News was trying to recover after having to fire Roger Ailes for multiple sexual harassment claims. Fox added to the O’Reilly’s extension a clause that allowed for his dismissal if new allegations of harassment or other relevant information came out regarding the previous accusations.

Boy, am I glad that I didn’t lift my personal Fox New boycott after O’Reilly left.

This is unconscionable conduct by Fox, equal in its slimy ethics void to what the Weinstein Group did when it acknowledged its founders sexual predator proclivities in his contract. Fox News, by keeping O’Reilly knowing that he had harassed its employees (and worse),

  • demonstrated to its staff that it cared more about ratings and profits than principles and the safety of its female employees and guests
  • sent the message that if you were a big enough cheese at Fox you can get away with abusing women
  • proved that the sick and sexist culture nurtured by Roger Ailes from the beginning was still flourishing.

Ugh. But I can’t say I’m surprised. [Mr Kimble (Alvy Moore) on Green Acres: ” I can’t say I’m surprised. Actually, I can say I’m surprised. I’m surprised! But I’m not surprised.”]

How many other companies tolerate sexual harassers in their executive offices outside of Hollywood? A lot.

O’Reilly, demonstrating again that he is a liar as well as as a sexual predator, absolutely denies that he ever harassed anyone. He needs better lawyers, then. Harvey Weinstein paid off an actress he raped for just $100,000, and poor Bill had to fork over 32 million bucks for something he didn’t do!

2. This morning’s “Wait—WHAT?” ethics headline is this one, from the ABA News: “Lawyer who blamed ethics case on mother can’t discharge $500K in student debt, federal judge rules.

Illinois lawyer Donald Rosen argued that his three-year license suspension for misappropriating over $85,000 in client funds made it impossible to find appropriate work and so should be allowed to discharge his $500,000 student debt. (How did he end up with a $500,000 student debt?). ‘Uh, no,’ ruled U.S. District Judge Rebecca Pallmeyer, perhaps because Rosen had paid only about $11,000 in student debt over the previous 37 years.

Why did Rosen blame Mom? He claims his 82-year-old mother, who worked at his firm, inadvertently used client funds to pay business expenses.  Rosen said his mother was embarrassed by her actions and falsified bank statements to cover it up. Then, Rosen says, he innocently provided those fake bank statements to police and the hearing board considering the ethics case against him.

3. How can this happen? Why is it happening? Who defends this? How long will it continue? Continue reading

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Unethical Tweet Of The Month: “Civil Rights Activist” Danielle Muscato

“In the event of an impending head explosion, immediately place both hands, fingers spread,  firmly around your skull, applying pressure to both the top and the sides, until the pressure begins to subside…”

This could have been an Ethics Dunce, or an Unethical Quote of the Month. It was nearly a KABOOM!, if I hadn’t immediately clasped my hands, hard, over my skull when I read it, just in time to stop my brain from exploding. I also almost included it in draft post called A “This Helps Explain Why Trump Is President” Potpourri.

Upon reflection, I decided that a self-described “civil rights activist” tweeting this was so unethical, so ignorance-promoting, not to mention hateful, bigoted and sexist, that it deserved to stand alone.

An ethical,  sane, democracy and American values-supporting “lady” , confronting such a curfew, would realize that a totalitarian regime had taken over, and either join a citizen rebel army, or get the hell out of the country. Yeah, I read the thread, being a “dude,” and realized that what passes for feminism in a lot of cases is misandry and hypocrisy. Also that what passes for a “civil rights activist” is occasionally a crypt-fascist who neither understands civil rights nor supports them.

Imagine if her tweet had substituted “African-Americans” or “Muslims” for “men,” and “dudes”, and “White, law-abiding citizens” for “Ladies.”

If Muscato is to be believed, and frankly, I wouldn’t believe someone who tweets something this stupid to tell me what number comes after “3”, Danielle is often featured in or on the New York Times, Time, CNN, NPR, and Rolling Stone.

What does that tell you? Continue reading

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Unethical …And Really, Really Dumb…Tweet Of The Month: Actor Seth Rogen

Maurice Switzer said (no, not Mark Twain or Abe Lincoln), “Better to keep your mouth shut and appear stupid than to open it and remove all doubt.” This goes double, triple even, for celebrities in Twitter. The platform is a sinister cultural trap to expose the ignorance, stupidity, nastiness and bad judgment of famous people who have no idea just how foolish they are.

Hence the above jaw-dropping tweet by Seth Rogen, an occasionally amusing comic actor with dubious self-awareness. (He allowed himself to be cast as the Green Hornet, for example.)

Just how bad is the tweet? Let us count the ways: Continue reading

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Morning Ethics Warm-up: 8/16/17

GOOD MORNING!

1. I’m heading to Boston and Fenway Park in a few hours to meet with two of my high school classmates and together pay our respects to the 1967 Boston Red Sox, the spiritual beginning of Red Sox Nation, and a group of men, then barely more than boys, who had as profound an effect on my life and view of it as anything I have ever experienced.

It’s the 50th Anniversary of that amazing team and the heart-stopping pennant race it won against all odds, in a four team race that came down to the final game of the regular season. I mean heart-stopping literally: the team wasn’t called “The Cardiac Kids” for nothing. TWO of my father’s colleagues at the Boston Five Savings Bank died of heart attacks while attending Red Sox games, during one of the 9th inning desperation rallies for which the team was famous. The only reason I didn’t perish in like fashion is because I was just 16 years old.

Why was this team, and that summer 50 years ago, so important to me? I don’t have time or space to answer that question well, and you’d probably wonder what I was babbling on about anyway. A 2017 film by Major League Baseball called “The Impossible Dream” does a fair job of explaining it, but it’s too short to do the job right.

I had listened to, watched or attended every Boston Red Sox game for five years, as the team lost and lost. From those bad teams, followed weakly by the city in those days, in a crumbling old park that seemed destined to be abandoned and torn down, I learned that winning wasn’t everything, that loyalty wasn’t easy, that Hemingway was right, and that baseball was about courage, humility, perseverance, doing your job every day, sacrifice, and hope, as well as usually losing at the end. That summer of 1967 taught me that hope is worth the effort even though hope is usually dashed by the ice water of reality, that you should never give up, that miracles do happen, and that nothing is as wonderful as when a community is united in a single, inspirational goal, no matter what that goal might be…and that you should never be afraid to give everything you have in pursuit of a mission, even when it is likely that you will fail.

I learned difficult, discouraging lessons, too. When an errant pitch hit Red Sox right-fielder Tony Conigliaro in the face on August 18, 1967, it was the beginning of a lesson that revealed its tragic last chapter 23 years later. That one taught me that life is horribly, frightening unpredictable, and that we envy others at our peril. It taught me that we need to do what we can to accomplish as much good as we can as quickly as we can, because we may lose our chance forever at any moment.

Tony C, as he was and is known as, was a beautiful, charismatic, local kid, the idol of Boston’s huge Italian-American community,  in his fourth season with his home town team at the age of 22. He dated movie stars; he recorded pop songs; he had a natural flair of the dramatic, and was destined for the Hall of Fame. One pitch took it all away. Although he had two comebacks and played two full seasons facing major league fastballs with a hole in his retina and his field of vision, Tony was never the same. After his final attempt to keep playing failed at the age of 30, he became a broadcaster, and at 37 was seemingly on the way to stardom again in 1982 when he suffered a massive, inexplicable heart attack—Tony  did not smoke, and had no family history of heart problems– that left him brain damaged until his death in 1990.

As Henry Wiggin, the star pitcher protagonist of the novel, play and movie “Bang the Drum Slowly” observes as he  reflects on the death of his catcher and roommate, everyone is dying, and we have to remember to be good to each other. But it’s so hard. Ethics is hard. The ethics alarms ring faintly when we are about the task of living, or not at all…

At the end of the story, the narrator, the best friend of the catcher (but not really that close a friend) recalls how quickly everyone on the baseball team went back to their selfish ways after their teammate went home to die Even the narrator, who was the leader of the effort to make the catcher feel loved and appreciated in his last days, ruefully recalls his own failing. The catcher had asked him a favor, just to send him a World Series program (the team won the pennant after he had become too ill to play), and he had forgotten to mail it until it was too late. How hard would it have been, the narrator rebukes himself, to just put it in an envelope and mail it? Why are we like that, he wonders?

1967 was the beginning of my exploration of that mystery too.

So I am going to Boston for the 30 minute ceremony. I can’t even stay for the game; I have a seminar to teach tomorrow morning, and the last flight out of Logan is at 9 PM. There will probably be just a small contingent from the Cardiac Kids: most of them are dead now, or too infirm even to walk onto the field. But Yaz will be there, and Gentleman Jim Lonborg; Rico Petrocelli, Mike Andrews, and maybe even Hawk Harrelson  and Reggie Smith. I will be there to say thank-you, that’s all.

And to show that I remember. Continue reading

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