Workplace

An Invitation To Be An Unethical Lawyer…

/ Jack Marshall / 7 Comments

Just as I was preparing yesterday for today’s 3-hour legal ethics CLE seminar (which, coincidentally, contained a section about the unsettled status of lawyers using artificial intelligence for legal research, writing and other tasks in the practice of law), I received this unsolicited promotion in my email:

Let’s see: how many ways does this offer a lawyer the opportunity to violate the ethics rules? Unless a lawyer thoroughly understands how such AI creatures work—and a lawyer relying on them must—it is incompetent to “try” them on any actual cases. Without considerable testing and research, no lawyer could possibly know whether this thing is trustworthy. The lawyer needs to get informed consent from any client whose matters are being touched by “CoCounsel,” and no client is equipped to give such consent. If it were used on an actual case, there are questions of whether the lawyer would be aiding the unauthorized practice of law. How would the bot’s work be billed? How would a lawyer know that client confidences wouldn’t be promptly added to CoCounsel’s data base?

Entrusting an artificial intelligence-imbued assistant introduced this way with the matters of actual clients is like handing over case files to someone who just walked off the street claiming, “I’m a legal whiz!” without evidence of a legal education, a degree, or work experience.

On the plus side, the invitation was a great way to introduce my section today about the legal ethics perils of artificial intelligence technology.

Observations On An Incident At McDonald’s

/ Jack Marshall / 85 Comments

For various reasons the most convenient route to a late lunch was the nearest McDonald’s, so after my wife’s physical therapy session, I reluctantly hit the drive-thu. All went surprisingly well at first: for a welcome change, someone who could speak clear-English was at the mic, and the order was correct on the screen (though the prices for fast food now are absurd). Two sandwiches, one small fries, no drinks, easy-peezy.

The order was simple, Grace didn’t bother to check the bag when I handed it to her at the window, but it felt light, so she checked after we had pulled away. Sure enough, there was only one of the two sandwiches we had ordered.

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The Other Shoe Drops In The Alex Murdaugh Murder Trial Train Wreck

/ Jack Marshall / 6 Comments

In March, disbarred South Carolina lawyer Alex Murdaugh was sentenced to two consecutive life sentences after a jury found him guilty yesterday of the 2021 slayings of Maggie and Paul Murdaugh, his wife and son. Murdoch, who already faced life in prison for his financial crimes and who is a compulsive liar, was convicted despite an extremely weak case in which the prosecution barely proved necessary elements of the crime. The only motive for his murdering his family the state could come up with was that he did it to was to take attention away from his other offenses. Okaaaaay…

Here is what I wrote about the case after the trial…

“Reviewing the astoundingly thin evidence, I do not understand why the trial judge didn’t throw out the jury’s verdict and declare Murdaugh acquitted because there was not enough to convict him beyond a reasonable doubt as a matter of law. There wasn’t. This was an example of a jury convicting a defendant of murder because they decided he was a bad guy and there were no other suspects. Alex Murdaugh lied repeatedly regarding the deaths of his wife and son and he was undeniably a thief and a sociopath—but prosecutors couldn’t and didn’t present much more than theories about whether he was the killer. Judges are understandably, reluctant to over-ride juries, but in this case it was necessary. If the Trump Deranged reasoning that the conclusion that someone is just an untrustworthy bounder is sufficient to assume guilt of criminal activity is becoming a cultural norm, our justice system is approaching a crisis, if it isn’t in one already.

The news yesterday suggests that the jury verdict may have another explanation.

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Ethics Corrupters: “Work Friend” Advice Columnist Roxane Gay And The Irresponsible Newspaper That Employs Her

/ Jack Marshall / 6 Comments

The latter would be the New York Times. Gay (above) has a long and disturbing dossier at Ethics Alarms (under two tags, here and here, because of her annoying misspelling of her own first name).The last time I visited her work as an ethics corrupter, I wrote,

It tells you pretty much all you need to know about the biases of the New York Times that its workplace ethics column, “Work Friend,” is authored by race-obsessed, radical, and combative gay feminist Roxane Gay. No biases there! …I have concluded that Gay is too often intellectually and rhetorically dishonest because of her ideological mission, and people like that shouldn’t have regular platforms (or advice columns) in the New York Times.

Now I have discovered that I was too kind in that evaluation. It isn’t just that Gay is so woke she can’t see or think straight; her ethics are rotten to the core, if one can call them ethics at all.

In today’s edition of her weekly workplace advice column for the Times, an inquirer writes that she and her colleagues have discovered that the sales office’s star employee has been faking her results, and is being rewarded for it. “She’s logging calls that never happened, and falsifying her activity to get to the top. This colleague now gets special praise each month, got promoted and is in a mentorship role, and makes everyone else’s numbers look bad,” the questioner writes. What should be done?

What should be done??? Could a work-related question be easier? Go to the management with your colleagues and your evidence, and demand that the lying, fabricating co-worker be properly dealt with. Be prepared to go up the ladder as far as it is necessary to go. The situation has to be exposed, and nothing short of a fair resolution should be accepted. Continue reading →

THIS Is MSNBC!

/ Jack Marshall / 12 Comments

Upset by Donald Trump’s mugshot, one of MSNBC’s racist hosts (it has several), Joy Reid, indulged herself in a full hate-rant meltdown, saying on the air,

“As a teenager living in New York, I’ve said it before, this is why I never watched ‘The Apprentice.’ I despised Donald Trump. He signified the rich white guy in Manhattan that absolutely hated and despised me. I still remember he made five teenagers my age  take a mug shot.  I despised Donald Trump because to me he signified the rich white guy in Manhattan that absolutely hated and despised me, my cousins, my friends”…So, people like Giuliani, and people like Trump, persecuted black and brown people in New York. It’s what they did for fun. It’s what they did for pleasure. They enjoyed it. They enjoyed lording over people who had nothing, who had no million-dollar lawyers. Who couldn’t change lawyers at the top of a hat and get a different hip-hop lawyer in the next day when they’re tired of one. Who couldn’t go to make their case on Fox, or a Newsmax, who had nothing, and who Donald Trump loaded his everything over. And still, people who looked like them, put him in rap longs. It was indignity, to me, that something I loved, a culture I loved, lionized that. To me, this is justice. The fact that Manhattan didn’t give him a mugshot, I thought was offensive. I thought that the feds, we know it looks like, he was the president of the United States. Okay, offensive. Everyone else had to take them. This case, and I think Fani Willis is a hero, she’s a national hero, because she, more than any other prosecutor in this country, and I respect Jack Smith, and I respect all the prosecutors that are doing this. She is the only one who said, these wealthy, powerful, privileged men and women are just American citizens and when they break the law, they will take that picture.”

No hate, bias, and fantasy here! Say what you may about Fox News and CNN, the other two outrageously untrustworthy, incompetent, biased and unethical broadcast news outlets (NBC, CBS, ABC and PBS are merely untrustworthy, incompetent, biased and unethical), at least they eventually dumped Tucker Carlson, Bill O’Reilly, Don Lemon, Chris Cuomo and Brian Stelter. There was a time when MSNBC had standards too: it fired Keith Olbermann when he went too too far (he always went too far), Melissa Harris Perry, another toxic anti-white racist, and Martin Bashir, but that was before Donald Trump ran for President, and MSNBC became the “anything goes” channel.

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Ethics Quiz: The NFL Turns Compassionate

/ Jack Marshall / 12 Comments

This past Saturday night in Green Bay, Wisconsin, Isiah Bolden, a cornerback for the Ne England Patriots, collided with a teammate, lay motionless on the ground, and was put on a cart to be rolled off the field. Though there was little more than 10 minutes to play, the NFL canceled the rest of the game. Patriots coach Bill Belichick praised the NFL for acting quickly. Patriots players then praised Belichick. Bolden was released from the hospital the next morning and appeared to be in good health, but the Patriots canceled a pair scheduled of joint practices anyway.

Conservative political pundit and sports commentator Jason Whitlock wrote of the episode, “The enemies of football and masculinity have won. They killed football. They won the long war of convincing men that the key to happiness is choosing safety over freedom, safety over everything.” Whitlock is saying, in essence, that the incident has greater significance beyond football, that it demonstrates that the progressive weenification of the culture has reached a critical and dangerous level that has ominous implications for American society at large.

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And Yet Another Baseball Great Chooses Money Over His Team, Fans, Integrity and Honor…

/ Jack Marshall / 5 Comments

Over the weekend, I got to watch (again) the nauseating spectacle of Detroit Tigers firstbaseman Miguel Cabrera disgracing his own legacy as one of the greatest players of all time. A guaranteed first ballot Hall of Famer with over 3,000 hits and more than 500 career homers, Cabrera is no longer even a passable performer at age 40, and hasn’t been since 2017. That year and every year since, Cabrera has been paid an average of $30 million a season for production that the Tigers could have gotten from a mediocre minor league journeyman playing for the Major League minimum salary. All weekend, the TV broadcasters were blathering on about what a wonderful human being “Miggy” is. If he were really wonderful, he would have retired as soon as he realized he was stealing his salary and hurting his team in the process.

Cabrera has graciously announced that this will be his final season, as if he had any choice in the matter. His long term contract is up: he’s squeezed over $200 million out of it without having a single season worthy of his reputation or his salary. He has one (1) home run this season, with less than a third of the schedule to go. The year he signed his contract, he hit 44.

But Cabrera isn’t the subject of this post; I already complained about him and other greedy, fading players here. There’s a worse offender in baseball now, believe it or not. The current miscreant is St. Louis starting pitcher Adam Wainwright, who had announced before this season that it would be his last. [Wainwright, by the way, has one of the more varied and interesting Ethics Alarms dossiers among pro athletes.] He is 41, and not only are 40+-year-old pitchers who still belong in the Major Leagues rarer than star sapphires, Wainwright’s 2022 season at 40 was not a harbinger of optimism, though he still was getting batters out, albeit not as he once had. But Adam Wainwright has pitched for the St. Louis Cardinals and only them for 17 years , winning just short of 200 games along the way. He is regarded as a hometown hero to Cardinal fans, who also wanted him aboard for one more campaign because they had reason to think their perennial play-off team had a real chance to get to the World Series again in 2023, and nothing is more valued on such teams as a grizzled old veteran who has been through the wars before.

It was a good theory, anyway. Unfortunately, Wainwright was done, through, cooked, out of pitches and excuses. This season his earned run average is almost 9 runs a game, which means he is pitching batting practice to the opposition. A starting pitcher without a long-term contract and with no reputation as a team legend is usually cut if he can’t keep his ERA below 6; under 4 runs a game is good, under 4.5 is considered acceptable. But 8.78, which is what Wainwright has delivered in 15 starts? A decent college pitcher could do that well, maybe a top high school pitcher too. And for this consistent failure, Adam Wainwright is being paid $17,500,000.

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You Can Make Your Own Decision, But I Won’t Be Patronizing Best Buy From Now On…

/ Jack Marshall / 8 Comments

A whistleblower revealed the above screen shot of an internal Best Buy company memo regarding “management leadership academy programs” with the O’Keefe Media Group. The programs are a partnership between Best Buy and global management consultant McKinsey & Company, and, as you can see in the third bullet point under “Candidates must meet the requirements below,” white employees need not apply.

That’s illegal and racially discriminatory, or course, But to be fair, this is “good racism” in Woke World.

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From The Res Ipsa Loquitur Files…Ethics Hero: Elon Musk (Again)

/ Jack Marshall / 1 Comment

(See: “It’s Come To This: “Liking” A Politically Incorrect, Bad Taste Joke On Social Media Can Get You Suspended In The United States Of America”)

Bravo.

I Know It’s Too Easy But I Can’t Resist: “An Irish Actor Playing Oppenheimer Proves Once Again That Jews Don’t Count” May Be The Most Hilariously Confused Casting Ethics Rant Yet

/ Jack Marshall / 29 Comments

There is only one ethical way to cast a play, musical or movie: pick the actor whose portrayal will most entertain the audience and realize the full potential of the script. Casting is not the place (if anywhere is) for political correctness, quotas, “diversity,” or affirmative action.

Ethics Alarms is full of discussions of this issue, most recently here, in the post just last week about how Disney decided it was offensive to cast seven little people as the Seven Dwarfs in “Snow White and the Seven Dwarfs.” Hollywood and Broadway are completely confused and hypocritical in this area, because the people who run both places are 1) desperate to be seen as progressive and to signal their virtue at every opportunity, 2) terrified of being branded as non-woke, giving extreme activist groups representing various tribes and interests groups the upper hand in their bullying efforts, and 3) not very bright, frankly.

This is why a Samoan-African American actor was found insufficiently black to play folk legend John Henry, but a black woman was cast as red-headed fish-girl Ariel in “The Little Mermaid,” and the Founding Fathers ended up being portrayed by black, Asian, and Hispanic women and “non-binary” performers in the revival of “1776.” Tom Hanks now says only gay actors should play gay characters, but a director who refused to cast a gay actor as a non-gay character would be run out of the business. It is, as I have written here before, Calvinball.

All of which brings us to the head-exploding essay by Malina Saval, editor in Chief of Pasadena Magazine, titled “An Irish Actor Playing Oppenheimer Proves Once Again That Jews Don’t Count.”

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