Ethics Quote of the Week

“For many African-Americans, these facts can be difficult to accept. Excuses run the gamut, from ‘Africans didn’t know how harsh slavery in America was’ and ‘Slavery in Africa was, by comparison, humane’ or, in a bizarre version of ‘The devil made me do it,’ “Africans were driven to this only by the unprecedented profits offered by greedy European countries.”

Henry Louis Gates, in his New York Times op-ed, “Ending the Slavery Blame-Game,” confronting the complicity of Africans in American slavery by selling their own people to slave-traders.

Harvard professor Gates, a respected authority on race in America despite his problems with the Cambridge police, has made an admirable effort to take the issue of reparations out of the context of racial guilt-mongering and forcing advocates to deal with facts rather than emotion. The fair starting point for discussions, Gates points out, is that the ancestors of white and black Americans profited from slavery.

Does this rule out any fair and coherent allocation of slave reparations, which were conceptually problematical already? Probably, and if so, we should move on to more productive debates. Gates is brave and responsible for shining light on a genuinely “inconvenient truth.”

Ethics, Punishment and the Dead Child in the Back Seat

Washington Post columnist Gene Weingarten received a Pultitzer Prize for his feature, “Fatal Distraction: Forgetting a Child in the Backseat of a Car Is a Horrifying Mistake. Is It a Crime?” Focusing on the grief of parents who caused the deaths of their own children by negligently leaving them locked in over-heated cars, Weingarten, to his credit, doesn’t advocate a position in his article, although it would be impossible to read it without feeling compassion and empathy for his subjects, both those who have been prosecuted and those who have not.

The article squarely raises a classic ethical conflict, as well as the question of the role of punishment in society. As always with ethical standards, the issue ultimately encompasses how we decide what is in the best interests of society. Weingarten points out that there is no consensus on whether parents who inadvertently kill their children in this way should be brought to court: some prosecutors bring charges, others do not. Which is right?

I don’t like my answer much, but I think it is inescapable, once the emotion is left behind. Continue reading

No More Presumption of Good Will For Unethical Prosecutors

The horrible Duke lacrosse team rape prosecution in 2006 had one very bright silver lining. It finally forced the majority of Americans to accept that prosecutors are as capable of being unethical  as any other attorney, and that because their misdeeds carry the extra weight of government power, prosecutorial misconduct must be exposed and condemned.

Thus it is a relief that the recent blatant abuse of power by Commonwealth of Virginia Attorney Martha Garst is being roundly attacked. Continue reading

Leonard Sedden, Dying for an Ethics Hero—Or a Caring Human Being

In Philadelphia, a Metro Bus driver called her supervisors…

Driver: I have a passenger that’s not responding to me…It looks as though he had peed on himself and he had drooled a lot. I can’t get any actual response.

Control: Just come on down the street, the supervisor will pick you up on the line and give you some assistance.

Driver: OK, so just leave him on the bus and pickup passengers when I leave on 4:18?

Control: That’s correct. I don’t want to delay service. The supervisor will assist you on the line so we don’t delay service for the passengers.

A bit later, the Driver called in again… Continue reading

The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit

It has been with us for centuries, as long as man has been fermenting vegetable matter to produce alcohol, and it is a plague on the human race. Virtually every one of us has friends, relatives or close associates with the disease, or battle the addiction ourselves; although accurate figures don’t exist, estimates of the prevalence of alcohol addiction in the U.S. range between 5 and 12%. Whatever the real figure is, it is a lot, and the disease causes a wide range of problems. For example, close to 50% of all automobile fatalities involve alcohol. Yet the public remains shockingly ignorant about alcoholism, to the detriment and convenience of alcoholics, and the devastation of their families

The ignorance is also profitable to some corporations that are not even officially in the beverage business. The ethics question is, do those corporations knowingly and intentionally encourage and facilitate that ignorance? If so, they have a lot to answer for, and so do government consumer agencies and the media. This ignorance kills.

Continue reading

Apology: How I Became an April Fool and an Ethics Dunce

I’m not going to spin this. My conviction that the web hoax engineered by trial lawyer/blogger Eric Turkewitz violated the legal ethics rules was the product of a toxic mix of factors, prime among then being that I didn’t review my own files. When I finally, after nearly two days of answering complaints when I should have been hitting the books, checked the Rules of an ethics bellweather state that I often work in but had not for longer than usual, I read this:

RULE 8.4 Misconduct

It is professional misconduct for a lawyer to:

…(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation which reflects adversely on the
lawyer’s fitness to practice law;

This is an unusual version of Model Rule 8.4; indeed, the only other state to have adopted it (I think—I am no longer sure of much) is Wyoming. Yet it is a very useful variation of the Model Rule, because it eliminates all ambiguity about whether “dishonesty, fraud, deceit or misrepresentation” is meant to be as sweeping as it sounds. This formulation makes it clear that non-legal practice violations are covered, but that they have to reflect adversely on the lawyer’s fitness to practice law to qualify.

I had been wallowing in obscure clues from other jurisdictions–Tennessee, for example, which has the ABA wording but an odd Comment that begins…

[4] Paragraph (c) prohibits lawyers from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. Such conduct reflects adversely on the lawyer’s fitness to practice law…

This could be taken to mean that all such conduct reflects adversely on fitness. The problem is, I don’t believe that, and I don’t believe that Tennessee means that.

The 8.4 version that I found was from…Virginia. Where I live. Where I have done more ethics CLE than anywhere else, beginning before the state even adopted the Model Rules format. Seeing this, two conclusions were unavoidable:

1. This is the predominant way jurisdictions think about 8.4. No state has rejected Virginia’s approach, and several have referenced it in Legal Ethics Opinions on the topic of what kind of non-legal practice-related conduct is covered by the Rules—-not subject to discipline, as I was arguing the past two days, but covered at all. The D.C. Bar has such an LEO, number 323, from 2004. I had a copy on file. The District of Columbia, where I’m a member of the bar.

2. I had made a big and inexcusable mistake, and compounded it by acting like the King of the Jerkwads. Continue reading

Accountability, the Phoebe Prince Suicide, and the Golden Rule’s Limitations

Sometimes the application of the Golden Rule actually leads us away from an ethical result.

The suicide of a 15-year-old South Hadley, Mass girls who had been the victim of bullying and web attacks by fellow students continues to be framed as the failure of school administrators to protect the girl. What the school knew and when they knew it is the object of current investigation and controversy, but there is an inherent public and media bias in such cases that is rooted in laudable ethical motivations, indeed, it is rooted in the Golden Rule. But that bias often results in unfairness and injustice. Continue reading

Anger and Accountability in the Obamacare Aftermath

“Anger” is the watchword in the media and blogosphere this week. Democrats are using the epithets and “hate speech” from the more uncivil members of the Right to demonize adversaries, try to muzzle the opposition, and raise money. Republicans are trying to harness anger to fuel their drive to triumph in November. Talk radio is trying to fan the flames, because it’s good for ratings. But anger is neither healthy nor conducive to clear thought. Antidotes vary according to the type and cause of the anger, but in this massive breakout, what is needed is the ethical value of Accountability. Neither the objects of the anger nor the angry themselves are blameless, and it would measure the anger level considerably if everyone would accept their fair share of  accountability for the rage: Continue reading

Rep. Bart Stupak: Double-Reverse Ethics Dunce

Michigan Democrat Bart Stupak has been wrong in so many ways lately it is hard to keep count. If you are going to be wrong, however, the ethical way is to have integrity and at least be consistent in your wrongness. He couldn’t even do that right. He did manage to become Ethics Alarms’ first Double-Reverse Ethics Dunce. That’s something.

First, Stupak staged a revolt in the House to insist that the original House health care reform bill didn’t wouldn’t mandate the use of taxpayer funds for abortions.

What was wrong with this?  Oh, only everything…. Continue reading

The Damage of Health Care Reform “By Any Means Necessary”

I have no idea whether the health care reform bill, assuming it finally gets passed in one form or another, will make things better or worse, and if you are honest about it, neither do you…and neither, I am certain, do most of the elected representatives who will have voted for it or against it (or for it and against it) by the time the dust clears. To only cite the most obvious proof, the bill’s current form was just posted yesterday, giving Congress 72 hours to read and understand over 2,000 pages of technical jargon and badly-written prose. I don’t believe I have ever read 700 pages a day for three days at any point in my life, and if I have, I know it had to be something more diverting than a health care bill.

Relying on second-hand analysis—also by individuals who haven’t read the current bill—simply puts us (and the members of Congress) at the mercy of the biases of those rendering the opinions. For example, one of my favorite commentators, Robert Samuelson, has persuasive arguments against the bill here and here, while one of my least favorite, Paul Krugman, weighs in on the bill’s virtues here and here. Now, I think Krugman has squandered his credibility by blatant untruths in the past (One howler, his infamous statement about the national health care systems of Canada and Great Britain that “We’ve all heard scare stories about how that works in practice; these stories are false” is derisively quoted almost daily by Wall Street Journal blogger James Taranto as he relays tales of national health care horrors from the London press), but the man has won a Nobel prize: maybe he’s right and Samuelson is wrong. I really don’t know.

I do know this, however: whether the bill proves to be disaster or panacea, the manner in which President Obama and the Democrats have gone about passing it has done real and lasting harm.  Continue reading