“The Good Wife” Jumps The Ethics Shark

/ Jack Marshall / 8 Comments

jumping the shark

I saw this coming several seasons ago- that the once ethically challenging CBS legal drama “The Good Wife” was on the way to strapping on Fonzie’s old water skis and jumping the old Ethics Shark. Sure enough, after being able to watch the show irregularly and being either confused or disappointed when I did, I finally got a chance to watch an entire episode last night. The Shark has been officially jumped and TGW is no longer bothering to check with its legal ethics consultants. This is known as “The David Kelley Syndrome,” as all of that producer’s legal dramas, “The Practice,” “Ally McBeal,” “Boston Legal,” etc, begin plausibly and end up in the Legal Ethics Twilight Zone as the writers run out of ideas.

In last night’s episode, “Cooked,” Good Wife Alicia’s defendant was charged with making GHB. He claims innocence because he wasn’t making authentic GHB, but a GHB-like substance,without the same chemical compound as GHB itself and thus less dangerous.  Alicia explains the law to him, which is that he would be better off if his intent was to make GHB but he  ended up with the pseudo GSB by mistake, instead of successfully making the possibly illegal GHB-like drug intentionally.  She says that he needs to be clear which he did, and tells him to tell the truth.

This is the common, much criticized defense lawyer tactic called “The Lecture” in the novel “Anatomy of A Murder.”  A lawyer is bound to explain the law to his or her client, and that sometimes means educating a client regarding how to “remember” what happened.

Then Alicia discovers that her defendant isn’t who he claims to be. He’s an FBI agent, and he’s part of an FBI sting to prove the judge in the case is taking bribes. She says she’s going to tell the judge about his false identity (and also that the charges were fake) so he tells her and that if she blows his cover, he’ll tell the judge that she suborned perjury by  giving “The Lecture.” She backs off, and agrees not to tell the judge.

Suspend her.

1. If she has a personal interest (Rule 1.7) that conflicts with her duty to protect client confidences (Rule 1.6), like her conflicting duty as an officer of the court to report a fraud on the court, a.k.a. THE WHOLE CASE, then the least she must do is withdraw under Rule 1.16. Continue reading →

How Can This Be Unethical, When All Lawyers Are Whores Anyway?

/ Jack Marshall / 6 Comments

(I just wanted to get this joke out of the way right at the start.)

"Need a lawyer? Here's my card..."

“Need a lawyer? Here’s my card…”

Well, we have read about all sorts of unusual lawyer avocations in Ethics Alarms—the dominatrix lawyer, the hypnotist lawyer, the superhero lawyer, the illegal immigrant lawyer, ethicist lawyer—but I didn’t expect to see this one in my home state.

An already suspended Massachusetts lawyer,  Karen Andrade, has been charged with prostitution after a police investigated a report by a suspicious neighbor and  found online reviews of both the lawyer’s legal services and her escort services. Using the name of “Rose,” Andrade frequently hosted middle-aged men her home, prompting the neighbor’s complaint. One of the men told police that he paid Andrade $150 for sex.

Observations:

  • I knew the legal profession was in a slump, but I never thought it was this bad.
  • Yes, this is an ethics violation. It is breaking the law, assuming she is found guilty.
  • Hooking calls her honesty and trustworthiness into question only because it is illegal. Would she have legal ethics problems if she were a Nevada lawyer, and no law was violated? I don’t think so. Back in 2007, I wrote about Traci Bryant, a.k.a.Anita Cannibal, the porn star who worked her way through law school at a legal house of prostitution. I conclude that if the activity is legal, nothing about prostitution appears to violate legal ethics.

See why I made that joke before you could?

 

“Why Does Hillary Think Her E-mail Scandal Is So Funny?” And Other Brief Ethics Notes To Get The Week Off To A Depressing Start…

/ Jack Marshall / 8 Comments

W dead guns

Most Unethical Grieving Mother Of The Year

A caring  friend of Chanelle Chavis created a GoFundMe account asking for donations to Chavis’ 3-year-old daughter’s Camber’s funeral after the grieving mom told the friend that her daughter had died in an accident.  Later, moved by the plea, a woman gave  Chavis a $5,000 personal check to pay for Camber’s funeral expenses after Channelle exchanged text messages with her.

Nearly a month later, investigators found that the body of Camber Chavis was still in deep freeze at the funeral home, and no arrangements for burial had been made. Oh—this was no boating accident. The little girl had been murdered by her father.

On October 16, Chanelle Chavis pleaded guilty to obtaining money by false pretenses, a misdemeanor, and received a six month suspended sentence.

These cases of conning people into donating money are basically  all the same, but bit by bit, they make our society less kind, less generous, and less trusting. The law may see this is a minor crime, but there is nothing minor about the damage it does to our society.

Sure, We Don’t Need Guns… Continue reading →

Ethics Quiz: President Romney

/ Jack Marshall / 18 Comments

President-Mitt-Romney-mock-up

As Ethics Quizzes go, this one is a little different.

Conservative political writer Matthew DesOrmeaux has written essay titled “Here’s What Would Be Happening if President Romney Had Bombed a Hospital in Afghanistan…”.  Here is the key section:

If Romney had been elected in 2012 and in the year before his reelection campaign had bombed a hospital, decided to keep troops in Afghanistan, and had details of his robot assassin program leaked, things would probably look a little different today.

If Romney were president right now, the White House would be surrounded by protesters and candlelight peace vigils night and day. Some would wave American flags, some would wave signs calling for impeachment, some would have pictures caricaturing the president as Hitler or an animal. They would chant “Not in our name!”, or “Bring them home!”, or “Hey ho, hey ho, Romney has got to go!”

If Romney were president, nightly news reports on CBS, NBC, and ABC would have regular features on war crimes, quagmires, and collateral damage. CNN would be wall-to-wall with team coverage of protests, interviews of bombing witnesses, and Anderson Cooper walking through rubble in full body armor.

If Romney were president, every political analyst left of Judge Napolitano would be fretting over the war-weary public turning the upcoming election into a referendum against the president and his party. Vox and FiveThirtyEight would have maps showing how many Senate seats Republicans would lose because of the president’s sure-to-plummet approval rating. And then there’s MSNBC.

If Romney were president, MSNBC would be holding mock war crimes tribunals on Chris Hayes, explaining the ins and outs of the process with expert guests. Lena Dunham would be on Maddow every night aghast (but still giggling!) at this warmonger-in-chief. Chris Matthews would be yelling at Michael Moore, trying to find out when charges would be filed at the Hague.

If Romney were president, Democrats in Congress would be calling for hearings and investigations for each transgression: the bombing, troop levels, and drone policy. Chuck Schumer would hold daily press briefings scolding the reckless president from behind the glasses perched precariously down his nose. Someone would accurately quote Sheila Jackson-Lee condemning the terrible bombing of the “orphanage in Pakistan”.

But Mitt Romney isn’t president, Barack Obama is, so no one cares.

Your Ethics Alarms Ethics Quiz of the Day is….

Are these fair assumptions?

Continue reading →

Unethical Comment of the Month: Homeland Co-Creator Alex Gansa

/ Jack Marshall / 23 Comments

homeland2

“We wish we’d caught these images before they made it to air. However, as ‘Homeland’ always strives to be subversive in its own right and a stimulus for conversation, we can’t help but admire this act of artistic sabotage.”

—-Alex Gansa, co-creator of Showtime’s hit series “Homeland,” discussing a recent episode in which the Arabic street artists the show hired to paint  graffiti on walls used as a backdrop to a scene spray-painted messages that translated into “ ‘Homeland’ is racist,” “There is no ‘Homeland’, ”  ‘Homeland is a joke,’and “ ‘Homeland’ is not a show.”

It might be (generously)  called an act of artistic sabotage if the artists snuck onto the set and changed the Arabic graffiti on their own time and dime. That was not what they did, however. They accepted money under false pretenses, and did not deliver the services promised. This is not merely sabotage, but fraud, dishonesty and a breach of trust. Rather than engage in civil disobedience and accept the consequences, which would be a principled and courageous act (however misguided)  Egyptian artist, Heba Y. Amin, decided to profit from it as well.

If they at least had the integrity to return their fees, they could win back some ethics points. Continue reading →

Ethics Alarms Reminder: Don’t Forget About The Links…

/ Jack Marshall / 11 Comments

Homemade-Sausage-Recipes jpg

Those links to other websites on the left are seldom accessed, I suppose because most blogs accumulate them on a quid pro quo basis: link to me, and I’ll link to you. Ethics Alarms doesn’t do that. If the link is there, it’s because I use the site to identify ethics issues or as an information resource. I don’t remove links because a site has removed mine or refuses to link to this one; I don’t take revenge on bloggers who write nasty things about me, either.

This isn’t personal, it’s just ethics.

I’ve been meaning to highlight some of the links for a long time, so readers might be moved to check them out. I assume you are familiar with the news aggregation sites, right, left and center, that I use the most: Mediaite, Politico, Drudge, The Daily Beast, Huffington Post, Google News, Think Progress, memeorandum, and Fark (great for teacher scandals!), as well as the ones that I don’t use, because they are either too biased to trust or have proved untrustworthy, like Breitbart, Buzzfeed, Gawker and The Daily Kos. (I am close to abandoning the Daily Caller as well.) Here are eleven links you should explore; I’ll have other lists of links for you now and then: Continue reading →

Move-On And The Progressive Fondness For Silencing Opponents Rather Than Rebutting Them

/ Jack Marshall / 14 Comments
And what's more democratic than preventing your opposition from speaking?

And what’s more democratic than preventing your opposition from speaking?

As if to prove my recent post about the totalitarian thrust of the recent Democratic candidates’ “debate,” aka socialist infomercial and the disturbing number of Democratic supporters who are falling into lockstep, here come Move-On.Org  and a Hispanic advocacy group to demand that NBC rescind an invitation to Republican presidential candidate Donald Trump to host the November episode of “Saturday Night Live.”

Of course they are. These are the same people who shouted down Republican or conservative speakers in college, or got their spineless  school administrator to ding any commencement speaker who would challenge the cant they absorbed from their leftist professors. Hillary Clinton was gleefully accepted by her corrupted Democratic supporters as a  SNL guest this month, but having both parties’ frontrunners get  TV exposure on the same prestige venue is what so many progressives hate and fear—an even playing field. Here’s part of the petition on Move-On: Continue reading →

The Gangolf Jobb Affair: When The Only Tool You Have Is A Hammer…You Can End Up Looking Pretty Silly

/ Jack Marshall / 13 Comments
"HA! Just what I need to stop illegal immigration!"

“HA! Just what I need to stop illegal immigration!”

Meet Gangolf Jobb, a German scientist, and the inventor of Treefinder.  Treefinder is often used in  scientific papers to build “phylogenetic trees,” which are  diagrams that showing the most likely evolutionary relationship of various species, from sequence data. He is angry at nations that, in his view, are endangering capitalism and the world by allowing too many migrants and immigrants to cross their boarders. So to punish such countries, including the U.S., he is  revoking the license to Treefinder of scientists in Germany, Austria, France, the Netherlands, Belgium, the United Kingdom, Sweden, and Denmark, and the United States.

There are many things wrong with this solution. Most of all, it is unjust. I think I might be able to come up with something less related to immigration and refugee policy than phylogenetic trees, but it would be a challenge. What is the point, not to mention the logic—and this guy is a scientist!—of punishing an elite group of scientists for what their native politicians are doing? The victims of Jobb’s indignation have no special power in this matter, don’t involve themselves in it, and don’t advance it by misuse of his software. This is warped accountability and responsibility; it is like kicking your dog because you are mad at the neighbors. Continue reading →

University of California at Berkeley Law’s “Critical Mass” Policy: Segregating Classes In Order To Integrate Them

/ Jack Marshall / 24 Comments
OK, that's enough of you in THIS section...

OK, that’s enough of you in THIS section…

This is an example of how diversity and affirmative action ideology brings devotees to madness.

In an effort to create a more positive experience for underrepresented-minority students,

The University of California Berkeley School of Law has instituted what it calls  a new “critical mass” policy. As in many law schools, first year students are divided into smaller sections, or “mods,” in which first-year law students take their classes. This year, the administration juggled the composition of the mods to have  more underrepresented-minority students in all but one, in order to create a “critical mass.” To reach critical mass in the other mods,  one mod had to be stripped all of black students. Berkeley Law Dean Sujit Choudhry sent an email to the law school community explaining that the policy is intended to create a more positive experience for underrepresented minorities by grouping them together to create that critical mass.

In setting political districts, this technique is called gerrymandering, and is widely considered racist. Removing all the black students from one section and placing them all in another, super-comfy, all-black section would be called apartheid. Yet this ultra-liberal university has convinced itself that manipulating class composition by race is a benign policy.

Wow.

What else have they convinced themselves of? Let’s see: Continue reading →

Ethics Musings II : The Dark Side Of The Democrats’ Debate

/ Jack Marshall / 14 Comments

outdoor-american-flag

The dark side of the Republican Party is well documented, I’d say, and much of it is on display among the I’ve lost count how many is it now? field of GOP candidates for the Presidency: an affection for theocracy, anti-intellectualism, ideological rigidity in defiance of reality, self-destructive contempt and lack of sympathy for the poor, hypocrisy, estrangement from the evolving culture, an absence of integrity and courage. In other stygian corners lurks outright racism and misogyny.

Based on the display in the Democratic Party’s presidential debate, however, the Democrats’ dark side is scarier by far, in part because it appears party wide. That party, with its roots in the philosophies of Jefferson, Jackson, FDR and Kennedy, is approaching a full embrace of the principles and methods of leftist totalitarianism. Worse yet, the news media appears to be in full alliance with this effort. Worse still, Democrats in the public don’t seem to care. The party called Democratic is increasingly rejecting the principles of democracy, and its public doesn’t care.

During the debate, we witnessed: Continue reading →