How Can Lawyers Be Shockingly Unethical Without Breaching Any Legal Ethics Rules? Meet Styles & Pumpian

"Let's have a moment of silence for Ira, our troubled friend, partner and colleague, a fine lawyer who left this world too soon....Ok, now that's over, how can we keep his fee from his family?"

“Let’s have a moment of silence for Ira, our troubled friend, partner and colleague, a fine lawyer who left this world too soon….OK, now that’s over, how can we keep his fee from his family?”

Ira Bordow, a partner in the Wisconsin law firm of Styles & Pumpian, had been handling a family’s dispute with an insurance company. Successfully too: he negotiated a $250,000 settlement, and the company sent him the check for that amount, to be divided among the plaintiffs and Bordow’s firm. Bordow, as a partner, was going to get a $41,666 share.

The 54-year-old lawyer, however, had problems of his own that money could not solve, and committed suicide. His brother found the quarter of a million dollar check on the seat of Bordow’s Lexus coupe, and properly and correctly sent it on to  Styles & Pumpian.  Bordow had already earned his cut of the settlement at before he took his own life, for he, and the firm, were working on a contingent fee basis. The representation was at an end. Apparently, however, once the firm had the check in hand, the brilliant legal minds at Styles & Pumpian applied their craft to thinking of ways they could avoid paying the grieving family of their tragically demised partner any of the loot. They thought of one too, at least one they felt was worth a shot.  The firm is refusing to pay the Bordow estate the late lawyer’s $41,666 cut, arguing that Bordow’s suicide in his River Hills home negated his partnership agreement with the firm. It was a breach of contract, they say, and thus, even though he would have received the money if he had lived, the firm can keep it now.

Continue reading

Ethics Dunce (Advice Columnist Division): “Dear Prudence”

Hmmm...refreshing! And strangely tangy!

Hmmm…refreshing! And strangely tangy!

Here is my guess: nearly 100% of all people with two ethics alarms to rub together would be able to answer this question correctly, responsibly, and within about 1o seconds of thought. The question, in essence:

‘I worked as a nanny for a couple I didn’t like, so to make myself feel better, I secretly poisoned them. Now I work elsewhere, and I hear that they are both ill and doctors are stumped. I feel kinda bad about it. What should I do?’

The obvious answer: “For God’s sake, you idiot, tell them what you did, so the doctors can treat them! Why are you wasting time talking to me? They could die, and you would be responsible!”

But this answer isn’t the one given by Emily Yoffe, Slate’s serially incompetent and unethical advice columnist. She responded, in a live online chat that uncovered this vile supplicant, who confessed to routinely dipping her employers’ toothbrushes in the toilet and periodically spiking their bedside water with the same fecal solution, by writing this:

“Part of me would love to tell you to rush to confess. However, I will extend you a courtesy that you didn’t give your “inconsiderate” and “rude” employers. That is, while I think this couple should know the source of their illness, confessing could leave you open to potential prosecution. You may deserve it, but you need to consider the stakes here.”

That part of Emily, apparently, is the sensible, compassionate, ethical part, and it was over-ruled by the unethical, irresponsible, dumb part. The lawyer, if he or she is more ethical than Emily, a good bet, will tell the Potty Poisoner that she should confess immediately in case an E Coli infestation is what is making the couple ill, particularly because they might die, greatly increasing her risk of serious criminal penalties as well as, you know, ending their lives and leaving their children parentless.  The lawyer will also explain all the possible scenarios resulting from what Emily seems to dread, honesty and accountability. Even lawyers, who are required to place their clients’ best interests first, are not supposed to advise them to cover up their crimes and allow their victims to perish. Advice columnists are definitely not supposed to do this, and are duty bound to give wise and responsible advice that is in the best interests of all concerned, not just their correspondents, who are likely to be, in general, less than bright, ethically-clueless, and in need of nannies themselves.

“Dear Ethics Alarms: I’m an advice columnist and I told someone who said that she had been poisoning her employers with fecal matter that she didn’t need to ‘fess up, even though they became deathly ill. Now she has written me a follow-up, thanking me for my advice since the couple died, leaving several young children orphaned, and she would have been in big trouble if she had come clean. Now I feel guilty. Should I?”

Yes.

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Pointer: Fark

Source: Slate

Comment of the Day: “Zero Sum Ethics Encore: When An Unfair Firing Is Still The Most Ethical Course”

 my hero

The dilemma posed in the recent post about the radio host fired because of the danger posed by her threatening, stalker ex-husband sparked some unexpected reactions, as many readers expressed frustration that Nancy Lane’s employer left her to her own resources in her peril. One of the more provocative alternatives proposed is Steven’s endorsement of what he calls the chivalristic response.

Here is his Comment of the Day, to the post Zero Sum Ethics Encore: When An Unfair Firing Is Still The Most Ethical Course.

The problem I have with situations such as here with Nancy Lane is there is no reason for this situation to result in an ethical dilemma or “Zero Sum”. I, as well as few others here recommend what can only be labeled as a chivalristic response. Now we are not talking the aristocratic, medieval ethos but more of a modernization of the gentlemanly behavior exhibited of those of the greatest generation without the bigotry or homophobia. With the feminization of our society it is incredibly hard to find the line between “modern” chivalry and misogyny, or at least feminism’s liberal application of the term. Continue reading

Zero Sum Ethics Encore: When An Unfair Firing Is Still The Most Ethical Course

zero-sum-thinking

Back in June, Ethics Alarms set off quite a donnybrook over a post about a second grade teacher in San Diego who was fired over concerns for the safety of staff and students after the teacher’s ex-husband came to the school to confront her. The teacher protested that the school was abandoning her when she needed support most, which was indeed true. But Ethics Alarms concluded…

“This is the kind of ethical conflict involving competing interests and obligations that only a balancing approach, utilitarianism, can address properly. The husband is Carie’s problem. He is not the school’s problem. It is not the students’ problem. It is not the children’s parents’ problem. I know it’s not an easy problem for her to solve, but she has no right to insist or demand that her inability to solve her problem should be permitted to put others at unnecessary risk…Sometimes ethics is a zero sum game, and someone has to lose. This is one of those times…”

Ethics conflicts (where two or more ethical principles are in direct opposition) necessarily require making tough choices, but many readers didn’t like the analysis, pronouncing it “cold.” “There has to be some other solution,” wrote one commenter. Certainly there are other solutions, but the school was obligated to choose the solution that resulted in the least risk to their primary charges, the kids.

And if children aren’t at risk?

That’s the question raised by the most recent occurrence of the zero sum ethics scenario, in which Nancy Lane, a popular Pennsylvania radio host, has been terminated by her employers because of the threats made against her and the company by her ex-husband. The ex, George Lane, is currently jailed for  impersonating police. In the recent past he has repeatedly threatened Nancy, her family and coworkers, and last year hired someone to slash the tires of several company vehicles at Forever Broadcasting, Nancy Lane’s now former employers, who severed its ties with her by writing,

“Regrettably recent events involving your former husband has caused severe disruption to our business and has made this decision necessary.”

Lane has posted a petition protesting her dismissal. It reads, in part… Continue reading

The Quality Of Mercy Is Not Strain’d, But It Is Sometimes Infuriating

"Murdered toddler...price? Oh, I think 5 years is about right."

“Murdered toddler…price? Oh, I think 5 years is about right.”

I find this story, from Virginia, harder to accept than the infamous “affluenza” case:

MANASSAS — A judge has sentenced a Manassas baby sitter to five years in prison for the murder of a toddler she had been watching, leaving the child’s family outraged by the light sentence.Twenty-two-year-old Jessica Fraraccio pleaded guilty last year to killing 23-month-old Elijah Nealey after he wouldn’t stop crying.Fraraccio had initially said Elijah slipped in the tub, but months later admitted pulling a chair out from under him and smothering him.

Why? 1) The murder was intentional. 2) Fraraccio was in a position of trust. 3) She, unlike Ethan Couch, the teenaged drunk driver in the “affluenza” vehicular homicide case, was an adult. 4) As bad as killing someone accidentally while driving drunk (and without a license, and speeding) is, killing a helpless infant intentionally is worse.

Worse also than the lenient judge’s rationale in the Ethan Couch case—she believes the boy can be rehabilitated—is the utterly indefensible theory of the judge who sentenced Fraraccio. From the Washington Post: Continue reading

Signature Significance: The Sick Little Girl’s Stolen Puppy

pug-puppy

If you ever want to explain the concept of signature significance in ethics—how one act can be sufficient evidence to make a fair and valid judgment about someone’s character—to a friend or colleague, this story should do the trick.

In California, a kind woman named Shawna Hamon heard about a 7-year-old girl with leukemia whose Christmas wish was for Santa to bring her a pug puppy. So Hamon bought a pug puppy, and gave it to a friend who promised to deliver the little dog to the girl in Sacramento in time for the holidays.

The puppy never arrived, however.  The friend decided to keep it for herself. Hamon sent an animal delivery service and an attorney to the woman’s Los Angeles home, but the woman refused to give the dog back. Then Hamon  filed a theft complaint and police got a search warrant to search the home, but found no pug puppy. After searching some other nearby homes, they eventually found the little dog at a neighbor’s  house, where the pug-napper had hidden it.

Hamon now has the dog back, and learned her lesson. She will deliver it herself this time, a bit late, to the sick little girl. The child is currently receiving experimental treatment for leukemia in Philadelphia.

Now, what are the chances that the woman who took the dog, a desperately sick child’s Christmas gift, for herself, and foiled the compassionate act of a friend in the process, was just having a bad day, just made one mistake, really is a fine, upstanding, trustworthy individual and can’t be judged conclusively as an unethical cur (no offense, puppy…) based on this one incident, because a single episode has no statistical and predictive significance?

None.

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Pointer: Fark

Facts and graphic: NBC

Ethics Hero: Tom Wynkoop

Isn't it a beautiful day?

Isn’t it a beautiful day?

In Ligonier, Pennsylvania, Tom Wynkoop, owner of Fox’s Pizza Den, was inspired by the deadly cold of the last few days—below zero in  his region—to tweet an offer to pick up and deliver prescription medicines and other products to the elderly at no charge. The community, about 45 miles east of Pittsburgh, has many elderly residents. In his tweet,nice guy Wynkoop told those in need to just call his cellphone to arrange deliveries, and he’d be there. Several area seniors took him up on it, and kept out of the chill.

If I learn that Wynkoop had just hired a marketing consultant who suggested the idea as a publicity stunt, I think I’ll kill myself. Still, some needy seniors got their medicine, and in the end, that’s what matters. If Tom Wynkoop’s kindness ends up selling a few extra pizzas, good.

Gotta go inspire about 300 D.C .lawyers to be ethical now. Through a nasty rain storm.  And I just read yet another infuriating post on a baseball blog from a reader who calls treating steroid cheats as unfit for enshrinement in the Hall of Fame as “moralizing.” But thanks to a Pennsylvania pizza place owner, you just can’t  harsh my mellow.

__________________________

Pointer: Lianne Best

Facts: WTOP

Graphic: Daily design inspiration

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

The Strange Case Of The Brain Dead Mother-To-Be

In happier times; Mr. and Mrs. Munoz with their first child. And she really wanted her second child to die with her?

In happier times; Mr. and Mrs. Munoz with their first child. Did  she really want her second child to die with her? Is that a respectable request, if she did?

Dead people are causing a lot of anguish in the ethics world lately. First, a family wants to force a hospital to keep their brain-dead, which is to say, dead, daughter on life support just in case a miracle occurs, while the rest of society pays for it. Now, in Texas, we have a true brain death dilemma that once again highlights the problem with U.S. abortion law and ethics.

Texan mother Marlise Munoz was 14 weeks pregnant with her second child when she collapsed and later died from a blood clot in her lungs. Her parents and husband told the intensive care unit at  Fort Worth’s John Peter Smith Hospital to honor her stated wish not to be left on life support, but the hospital has so far refused to comply with their instructions.  Texas is one of 31  states that prohibit medical officials from cutting off life support to a pregnant patient. Now, more than a month after her brain stopped functioning, the late Marlise Munoz is still connected to life-support machines, and her unborn child is now in its 20th week of development. Continue reading

What Do You Do With The Drunken Judge? Media Distortion And Judge Gisele Pollack

Broward County (Florida) Judge Gisele Pollack, a recovering alcoholic, showed all the signs of suffering a relapse during her session on the bench two weeks ago, when she abruptly ended the day’s proceedings after an hour and a half that featured the judge slurring her words and acting erratically. She presides over misdemeanor drug court, a program she established shortly after being elected as a county judge.  Her program offenders to have their charges dismissed and their drug records erased after six months of treatment.

After staying away from work for a day, Judge Pollack returned to the bench in the late afternoon, and presided over a courtroom packed with about a hundred drug offenders, along with  their friends and their families. The event marked the completion of rehab for dozens of offenders and the dismissal of their misdemeanor marijuana charges.“You’ve got to remain vigilant,” she told the graduates, emphasizing that they had to work hard to avoid relapses that would  place them back in front of her, and perhaps in jail.

After court, she acknowledged her own health crisis and announced that she was going into an outpatient rehab program. An attorney retained by the judge in the wake of her conduct attributed her relapse to personal issues, telling reporters that she has  “had some severe personal tragedy in her life. Her mother recently passed away, and they were very close. It’s been really devastating for her.” Apparently her son is also suffering from a serious illness. Broward Public Defender Howard Finkelstein, a longtime friend, told reporters, 

“If this causes the people to not have faith and not have trust in what goes on in that drug courtroom, then she will have to step aside,’ he said. ‘My hope is is people will wrap their ever-loving arms around Judge Pollack just as she has wrapped her arms around thousands of people.”

What’s going on here? I think it’s pretty obvious: a recovering alcoholic in a critical position of public trust suffered a relapse, as alcoholics are wont to do. If one is an alcoholic, this is a symptom of a very persistent, pernicious and incurable disease that kills many Americans every year, does horrific damage to families, businesses, governments and the economy, and that is incurable. Being an alcoholic is not an ethical violation for a judge or a lawyer, nor is having a relapse. Allowing that relapse to affect the competent performance of one’s duties, however, is an ethical violation that calls into question a legal professional’s ability to do her job. It could trigger professional sanctions; it certainly should trigger an official inquiry. A Florida judge appearing drunk on the bench, just once, is still a massive ethical breach. It arguably violates the first five Canons of Judicial Ethics a Florida judge is bound to follow… Continue reading

There May Not Be A War On Christmas, But Whatever It Is, Christmas Is Losing

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I don’t think it’s my imagination, or that I’m watching too much Bill O’Reilly (since I almost never watch Bill O’Reilly), but it became very clear to me this year that Christmas, as a society-wide cultural convergence in America, is losing its grip.

The reasons are varied and many, and to pick out any in particular one would betray my own biases. But I am a fairly obsessive observer of the popular culture, and there was markedly less Christmas this year in every way. Religious references to the Christmas story—the manger, the Wise Men, the Star of Bethlehem and the rest, are almost invisible outside of church. On television, that part of Christmas is taboo, apparently; on radio too, traditional carols, which once were standard fare, whether sung by pop singers like Bing Crosby or classical artists, are mostly relegated to the classical music channels. On the other stations, there was less Christmas music than I can ever recall, and perhaps because of that, I was very conscious of how dated virtually all of it is. The last non-frivolous Christmas standard to enter the playlist was 1962’s “Do You Hear What I Hear?, ” and the other newer ones  are either songs about romance using Christmas as a backdrop, anti-Christmas novelties (“Grandma Got Run Over By  A Reindeer”), or just lousy.

Meanwhile, listening to the parade of pop yule classics is an exercise in morbidity. Almost all of them are sung by dead artists that no one under the age of thirty (or forty?) could have ever heard or seen perform live. Bing, Dean Martin, Karen Carpenter, Andy Williams, Burl Ives, Gene Autry, Judy Garland, Nat King Cole, Mel Torme, Frank Sinatra—Andy just left us, but most of the rest, with the lingering exceptions of Johnny Mathis and Harry Belafonte, are not merely dead, but long dead, like Marley. No one has taken their place in this genre, and that means that it’s a dying genre.

It is obvious that Christmas movies are being run on television less than ever before, too. It was once impossible to avoid encountering several versions of “A Christmas Carol,” and sometimes the same one would keep popping up, annoyingly so. Not any more. “It’s A Wonderful Life” had its annual showing, and I stumbled upon “White Christmas” a couple of times, but the pickings were slim.   The lousy Richard Attenborough “Miracle on 34th Street’ turned up; Turner Classics ran through most of the old Christmas classics once, but you had to look for them. There haven’t been any new Christmas movies from Hollywood that have made the grade for a very long time: with the exception of the first “The Santa Clause,” what Hollywood has been churning out are more or less bitter comedies (“Christmas With The Kranks,” “Jingle All The Way,” “Bad Santa,” “Christmas Vacation”–even the “Home Alone” films) that portray Christmas as suburban hell.

Then there are the wan or missing town hall and town center Christmas displays (Gotta watch out for those law suits), the tasteless Christmas TV commercials (the men in boxers jingling their “bells” is gross, in my opinion), and the hesitation you hear in strangers’ voices as they try to guess whether “Merry Christmas” will offend you or not.  I used to encounter carolers several times every Christmas, in shopping malls if nowhere else. The malls are disappearing, and kids don’t go caroling any more. They don’t know carols any more, because if their school teaches them one (because it’s a lovely song) some fanatic will raise a stink and claim its religious indoctrination.  Children, in a more innocent, less cynical age, were allowed to believe in Santa Claus well past the age of 5. (I was 26 before I knew the truth.) No longer. Christmas just feels half-hearted, uncertain, unenthusiastic now. Forced. Dying.

It was a season culminating in a day in which a whole culture, or most of it, engaged in loving deeds, celebrated ethical values, thought the best of their neighbors and species, and tried to make each other happy and hopeful, and perhaps reverent and whimsical too.  I think it was a healthy phenomenon, and I think we will be the worse for its demise. All of us…even those who have worked so diligently and self-righteously to bring it to this diminished state.

But anyway,

Merry Christmas.

For what it’s worth.

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Graphic: Stacy Gustafson