apologies

Incident At Big Bowl

/ Jack Marshall / 27 Comments

Am I the only one who has weird  encounters  every single time I travel? That can’t be. (Can it?)

This week, I had a quick trip to Boston (where my heart resides, so I have to visit it) to present a legal ethics program to recently minted lawyers. On the way, I tried to grab a meal at Reagan airport. The flight was at 6:30, and I wanted to eat before I had to get on the plane. I chose an allegedly fast food outpost near my gate, Big Bowl. It was not busy: maybe two people ahead of me, one behind. The order was simple: a “big bowl” of kung pao chicken with white rice, no drink. I paid, and got my slip with the number 555.

When they called 555, it wasn’t my order. They called 549 before that, and it wasn’t right either. All the numbers on all the orders were wrong, and the confusion added about 10 minutes to everyone’s wait, notably mine. Finally, they skipped the numbers entirely, and shouted out the contents of each order. My big bowl had been mislabeled 550, and for a while I had to argue with the customer who had the 550 ticket, until she realized she had ordered fried rice, not white rice.

Meanwhile the employees were just shrugging, giggling and smiling away. “You had the wrong number,” one said to me. “No, you had the wrong number on my order. Why?” She shrugged and smiled.

“That’s no answer, ” I said. “Do you have a system, or not?  Can’t you tell me what happened? I was inconvenienced. Part of what I’m paying for is service. Why did this happen?”

Another shrug. No acceptance of responsibility. No apology or anything remotely sounding like one.  At this point, a superannuated hippy who looked like she was ready to do a Joan Baez set intervened with a condescending, “They made a mistake. Mistakes happen.” Continue reading →

Now THESE Are Unethical University Administrators…

/ Jack Marshall / 5 Comments

Harvard_ShieldHarvard University police say that an investigation revealed that former Harvard Law School administrators Meg DeMarco, 33, and Darris Saylors, 32, stole about $110,000  from a university account that exists to  to assist  students with disabilities. 

 

The investigation commenced in November 2013 when a new budget manager at the law school noticed some accounting discrepancies.  DeMarco and Saylors then resigned from their positions at the Dean of Students office. The ensuing inquiry revealed that the two had taken money out of the  fund to  buy dozens of laptops, iPads, iPods and other electronics, which police traced to  DeMarco’s home and Saylors’ apartment, but also to the homes of Saylors’ friends and family in California, Washington and Tennessee.  DeMarco used a mobile card reader to deposit school money directly into her banking account. In addition to the electronics, Saylors used Amazon to buy purses, clothing, jewelry, and even sex toys.

The Law School announced that “As a result of this matter, the Law School implemented additional layers of controls governing the use of its credit accounts and purchasing protocols.”

What a good idea! Continue reading →

Unethical Websites, Unethical Publicity Campaign, Unethical Studio…Of The Month.

/ Jack Marshall / 12 Comments
...but none for stupidity.

…but none for stupidity.

“Do what?”

“Sure, why not? What a great idea!”

As part of its marketing campaign for 20th Century Fox’s new  film “A Cure for Wellness,” the studio created and launched realistic websites for the Sacramento Dispatch, the Houston Leader, the Salt Lake Guardian, the New York Morning Post and  the Indianapolis Gazette. They included a graphic displaying the current weather , and above the above the story, the standard labels, such as  News, Business, Sports, Entertainment. None of these publications are real. None of them included any disclaimers or explanations.

They did contain fake anti-Donald Trump stories. One especially popular one among Trump haters on social media claimed that the President  was refusing  to provide California federal support  as 188,000 citizens were evacuated to avoid the Oroville Dam overflow. Sanctuary cities, you know.  Trump is so mean. Can we impeach him yet?

Eventually the sites and stories were discovered to be fake. When asked  about the strategy, a spokesperson for Regency Enterprises, the film’s  production company, explained that  “‘A Cure for Wellness’ is a movie about a ‘fake’ cure that makes people sicker. “As part of this campaign, a ‘fake’ wellness site healthandwellness.co was created and the company partnered with a fake news creator to publish fake news.”

Oh. Continue reading →

Ethics Dunce: Marketing/Consulting Firm CEO Melinda Byerley

/ Jack Marshall / 77 Comments
Shape up, you mouth-breathing, violent bigots in Middle America, or Melissa won't grace you with her company!

Shape up, you mouth-breathing, violent bigots in Middle America, or Melissa won’t grace you with her company!

It takes a remarkable lack of common sense and fairness for a sentient person to go on Twitter and condemn half the country as stupid, violent, and racist, but Melinda Byerley, CEO and co-founder of a San Francisco marketing consulting firm was up to the challenge. For no apparent reason, she decided to take Hillary Clinton’s “basket of deplorables” comment to the next stage, and instructed all those lesser human beings in the fly-over states regarding what they had to do to become fit for association with superior people like her. You know: progressives. Or assholes, if she’s any kind of fair representative.

She wrote…

melinda_byerley

Ethics Alarms noted the inherent bigotry of the TV ads run by the dating service “Farmers Only”, spots that portray “city folk” as pompous, self-absorbed, nasty people who deserve to be abused and abandoned. Melinda and her ilk, and she does have ilk, were undoubtedly the templates for these grotesque stereotypes.

Byerley fulfills all of the worst assumptions those who gulped hard and voted for Donald Trump held regarding the “elites.” The places where “middle America” lives consist of nothing but bars and lousy schools!  What kinds of schools produce arrogant, ugly bigots like Byerley? (Let’s see…Cornell!) Who would want to make their community someplace that would draw people like her? Continue reading →

Late Nominations For 2016 Jerk Of The Year: Lena Dunham And Daniel Goldstein, Ivanka’s Jet Blue Harasser

/ Jack Marshall / 75 Comments

jet-blue-tweet

I’m pretty sure the Ethics Alarms 2016 Jerk of the Year Award was locked up a while ago, but two new challengers for the title at least strengthen the field:

1. Daniel Goldstein, attorney

Goldstein, in the cabin of a JetBlue flight on which Donald Trump’s daughter, Ivanka, was also a passenger, verbally accosted the soon-to-be First Daughter before take-off. Holding a child in his arms, the New York lawyer started shouting, “Your father is ruining the country!” Then he asked, “Why is she on our flight? She should be flying private!”

Ivanka, who had her own kids in tow, tried to ignore him and attend to her family until he was removed from the flight by JetBlue personnel. “You’re kicking me off for expressing my opinion?” he yelled as he was led off the plane.

What a rude and obnoxious jerk.

Other observations: Continue reading →

Remember California Attorney Mary Frances Prevost, Who Plagiarized Ethics Alarms? Guess What!

/ Jack Marshall / 26 Comments
Yup, I saw THIS coming...

Yup, I saw THIS coming…

She’s been suspended.

For the third time.

Good.

To recap…Back in 2012, Mary Frances, who  describes herself on her website as “California’s Top Criminal & DUI Attorney,” posted an essay allegedly authored by her called  “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”

Oddly, it was posted the same day and shortly after my Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”

Mary Frances’s was almost word for word the same post, plus some original material at the end. She had ripped me off. She hadn’t even tried to disguise it. This is called stealing, and I believe, shows that an individual lacks the honesty and trustworthiness to practice law.

I took three deep breaths, wrote a post about her plagiarism, e-mailed Prevost and required four things. First, an explanation if she had one; then an apology, a retraction, and proper credit. I didn’t demand damages, as I could have.

Mary Frances’s response was astounding. She didn’t have the courtesy to respond to my e-mail, but went on Facebook to accuse me of plagiarizing her, a neat trick, since my post pre-dated hers. Then she insulted me repeatedly, apparently unaware of how hypocritical it is to claim another lawyer is lacking in legal analysis skills and writing ability when you just published his essay as your own. I posted her whole rant here; it is deranged, making it especially funny that she accused me of being “off my meds.”

The Facebook post was defamation per se: malicious, and deliberately false. I contacted a California attorney, who agreed it was defamation, but said that based on her reputation, he felt it would  not be worth the money, the trouble or all the attacks she was capable of to go to war with her. He also dissuaded me from filing an ethics complaint, saying that unlike some states, California frowns on ethics complaints when there are grounds for lawsuits, and also tends to discount complaints from non-California lawyers.

“Just wait,” he said. “She’ll get hers. Lawyers like this almost always do.” Continue reading →

No Charges In The Keith Scott Shooting, And An Ethics Test For Black Lives Matter

/ Jack Marshall / 52 Comments

stephanie-clemons-thompson-fb-post

Yesterday,  Mecklenburg, North Carolina District Attorney Andrew Murray announced that the investigation into September’s fatal police shooting of Keith Lamont Scott had found no legal wrongdoing. This meant, in addition to the fact that officer Brently Jackson, who is black, would not face trial, that the two-days of riots inflicted on Charlotte after the Scott’s death were even more inexcusable than riots generally are. People who claimed on social media that they had seen the shooting and that Scott was unarmed admitted to investigators that they hadn’t seen what they said they saw. Evidence in the case showed that Scott stepped out of his SUV  holding a gun—his DNA was retrieved from the weapon found at the scene—and ignored at least ten commands from the five officers on the scene to drop it. Individuals who behave like that are likely to get shot, and deserve to be. No case, no outrage, no systemic racism.

Following the shooting, however, this was a Mike Brown encore, complete with angry, loud, false accounts and social media rumors focused on making Scott’s death another rallying point for race-hucksters, politicians who felt they could benefit from dividing the country by color, and irresponsible pundits.

From the Ethics Alarms post on September 21: Continue reading →

Introducing Rationalization #63. Irrelevant Civility and #64 A. Bluto’s Mistake

/ Jack Marshall / 52 Comments

The most infuriating comment threads on Ethics Alarms are those in which one or more intelligent readers are desperately tying to dispute the indisputable ethics breach, and finding no substantive ethical argument because there are none, desperately throw one rationalization after another against the metaphorical wall to see if they’ll stick. They don’t of, course.

Occasionally, however, there is a benefit to the exercise: in their furious effort to find an legitimate argument while hunting through the rationalization dumpster, one of the protesters uncovers one that the Ethics Alarms Rationalization List had thus far missed. So it is with one of the most rationalization-choked exchanges ever to break-out on this site, the debate over the cast of “Hamilton” crossing multiple ethics lines, thick red ones, to exploit the  opportunity for political grandstanding occasioned by Vice-President Elect Mike Peck engaging in the benign and supportive act of attending their show. (The posts on this episode are here and here.) Not only was a new rationalization revealed—#63, Irrelevant Civility or “But I was nice about it!”—but my thinking about that one revealed that I had also missed another one, distinct but related, #63A, Bluto’s Mistake or “I said I was sorry!”

The total number of rationalizations on the list now stands at 80.

Rationalization 63. Irrelevant Civility or “But I was nice about it!” Continue reading →

Ethics Hero: The Daily Commercial’s Editorial Board

/ Jack Marshall / 44 Comments

dailt-comm

The Daily Commercial, a local paper serving Leesburg, Florida, issued a striking editorial apology for its biased coverage of the Presidential race.

In an open letter titled “The media, the election and bias,” the editors apologized to its readers and observed that the paper “hasn’t done enough to mitigate the anti-Trump wave in the pages of this paper….You deserve a more balanced approach to the coverage of elections and other weighty issues.”

The editorial says in part… Continue reading →

In A Sufficiently Rational And Ethical Society, The Official Apology To African-Americans By The International Association Of Chiefs Of Police Would Begin A Productive Process Toward Healing Distrust Between Police And Black Communities. This Is Not A Sufficiently Rational And Ethical Society.

/ Jack Marshall / 70 Comments
"Not a bad speech, Chief, but since we all know you and your kind are part of a racist conspiracy to murder unarmed black men, not nearly good enough."

“Not a bad speech, Chief, but since we all know you and your kind are part of a racist conspiracy to murder unarmed black men, not nearly good enough.”

Terrence M. Cunningham, the chief of police in Wellesley, Mass, and the president of America’s largest police management organization, announced a formal apology to the nation’s minority population this week.

Cunningham delivered his remarks at the convention in San Diego of the International Association of Chiefs of Police, whose membership includes 23,000 police officials in the United States. He said in part:

There have been times when law enforcement officers, because of the laws enacted by federal, state, and local governments, have been the face of oppression for far too many of our fellow citizens. In the past, the laws adopted by our society have required police officers to perform many unpalatable tasks, such as ensuring legalized discrimination or even denying the basic rights of citizenship to many of our fellow Americans.

While this is no longer the case, this dark side of our shared history has created a multi-generational—almost inherited—mistrust between many communities of color and their law enforcement agencies. Many officers who do not share this common heritage often struggle to comprehend the reasons behind this historic mistrust. As a result, they are often unable to bridge this gap and connect with some segments of their communities.

While we obviously cannot change the past, it is clear that we must change the future. We must move forward together to build a shared understanding. We must forge a path that allows us to move beyond our history and identify common solutions to better protect our communities. For our part, the first step in this process is for law enforcement and the IACP to acknowledge and apologize for the actions of the past and the role that our profession has played in society’s historical mistreatment of communities of color.

At the same time, those who denounce the police must also acknowledge that today’s officers are not to blame for the injustices of the past. If either side in this debate fails to acknowledge these fundamental truths, we will be unlikely to move past them. Overcoming this historic mistrust requires that we must move forward together in an atmosphere of mutual respect. All members of our society must realize that we have a mutual obligation to work together to ensure fairness, dignity, security, and justice.

It is my hope that, by working together, we can break this historic cycle of mistrust and build a better and safer future for us all.

Continue reading →