Tag Archives: absurdity

I Can’t Resist: Another Restaurant Ethics Tale

I’m sitting here in my office waiting for an important call from a potential client, so I don’t want to start a major post (as in “Trump’s Wiretapping Accusation”), so I’ll just note this strange episode from last night.

It was along day for ProEthics, so Grace and I decided to order out from a terrific Mediterranean place that delivers. We love their fattoosh, which is a salad that includes little pieces of dried pita bread. That was an item in the order.

When everything arrived, the fattoosh was missing the little pita bits. Now, this had happened once before, but I didn’t bother to make a big deal out of it. Still, fattoosh without the pita isn’t fattoosh. Now it had happened  again, making it 40% of the times we had ordered the dish that it was incomplete. I decided to call up and complain.

The owner said that I was right, but that the selection in the menu doesn’t specifically list the pita as an ingredient. Sometimes, he said, people don’t know what fattoosh is, and complain that is does have the pita bits.

Yes, I said, but fattoosh without the pita is just a salad.  To wit:

Fattoush (Arabic: فتوش‎‎, also fattush, fatush, fattoosh, and fattouche) is a Levantine bread salad made from toasted or fried pieces of pita bread (khubz ‘arabi) combined with mixed greens and other vegetables, such as radishes and tomatoes.

“Right! Right!” he said, “But people who don’t know that complain. So sometimes we leave the pita out. Sometimes we put it in.”

“You do know that if the menu says fattoosh, and fattoosh means “salad with pieces of pita bread in it,” you don’t have to specify that the pita is included?” I queried.  ” The name says that it’s included. Are you telling me that if I want fattoosh, I have to make a point of saying that I really want fattoosh?”

That’s right, he said.

I could not make the man see that there was anything wrong with this.

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Filed under Arts & Entertainment, Business & Commercial, Daily Life

Now THIS Is A Conflict Of Interest…Or Is It?

alton_attorney_accidentally_sues_himself

Is it a conflict of interest for a lawyer to represent a client suing herself? Lawyers are all forbidden to bring adverse actions against their own clients; it is the conflict of all conflicts, a pure breach of loyalty. Does this mean, then, that even when a statute requires a plaintiff to sue herself as a defendant, it can’t be done without breaching the ethics rules?

The case is Bagley v, Bagley, and both Bagleys are the same Bagley.

State Farm Insurance Company handled Barbara Bagley’s car insurance. She was driving when her car flipped and killed her common law husband.  To compel State Farm to indemnify her, Bagley, in her dual capacities as sole heir and personal representative of the estate of her husband, was required to bring this suit against herself as the negligent driver. Bagley as plaintiff and as her husband’s heir brought a cause of action pursuant to Utah Code section 78B-3-106, Utah‘s wrongful death statute, alleging that the defendant—her— negligently caused her, that is, the plaintiff’s husband’s death, thereby depriving his sole heir –the plaintiff, but also the defendant—of his “love, companionship, society, comfort, care, protection, financial support, pleasure, and affection.”  She also brought a second cause of action pursuant to Utah Code section 78B-3-107, Utah‘s survival action statute, alleging that the defendant—her again— negligently caused the deceased to experience pain and suffering prior to his death, entitling Bagley’s late husband’s estate to other damages. Continue reading

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Filed under Ethics Alarms Award Nominee, Family, Law & Law Enforcement