compliance

Why Lawyers Should Work “For Good”

/ Jack Marshall / 2 Comments

Pro bono legal work (short for pro bono publico, or “for the public good”) is when lawyers take on cases free of charge. Some lawyers—and you know who you are!—would say that the primary reason to take on pro bono cases is that membership in the Bar requires it. That’s compliance, however, driven by non-ethical considerations, not ethics. There are excellent reasons to work pro bono that have nothing to do with being able to check off mandatory hours, and everything to do with the crucial roles lawyers have a duty to fulfill in a free society.

Georgia attorney Dawn Levine compiled this list of  “The Top Eight Reasons to Take Pro Bono Cases;” I recommend the whole article. Her list, however, should be posted on the walls of every attorney’s office. It represents the best aspirations of an unfairly maligned profession. Here it is… Continue reading →

The Ethics of Unethical Ethics Teachers

/ Jack Marshall / 5 Comments

An essay by lawyers Joel Cohen and Katherine A. Helm begins with this story:

“Noted ethics philosopher and Nobel Laureate Bertrand Russell once was questioned by the Harvard Board of Governors about having an extramarital affair with a student. When faced with the hypocrisy of being an ethics professor engaged in immoral conduct, Russell argued his private affairs had nothing to do with his professional duties. “But you are a Professor of Ethics!” maintained one of the board members. “I was [also] a Professor of Geometry at Cambridge,” Russell rejoined, but “they never asked me why I was not a triangle.”‘

The authors use the anecdote to explore the issue of whether proven ethics miscreants like Eliot Spitzer, Rod Blagojevich and disbarred class action lawyer William Lerach ought to be lecturing, speaking, or otherwise being listened to in regard to their opinions and advice on ethics. After all, acting teachers are often indifferent actors, and the best baseball managers weren’t much as players. Why should ethics be any different?  Continue reading →

Provocative Ethics Reading for a Sunday

/ Jack Marshall / 3 Comments

If your endangered Sunday newspaper is as shrunken from cost-cutting as mine, you may need some extra reading material as you wait breathless for the results of the House vote on health care reform. Here are some provocative ethics pieces from around the web:

Nancy Pelosi and Forced Virtue

/ Jack Marshall / 9 Comments

I’m sure my friend and colleague Bob Stone will forgive my picking on a casual phrase he used in a comment on the previous post, for it is the inspiration for this one, and it involves the important issue of forced virtue.

Bob alluded to Speaker Nancy Pelosi finally doing “the right thing” when, as reported in the morning media, she told House Ways and Means Committee Chair Charles Rangel that he had to resign his post because of multiple ethics violations. Pelosi, we now know, had avoided this for as long as possible, first ignoring Rangel’s actions, then making the dodge that the Ethics Committee first had to make its ruling (Rangel’s egregious violations have never been in doubt), then suggesting that the violations were not significant (knowing that among them was a failure to pay taxes on $75,000 of income as well as acquiring hundreds of thousands of dollars of unreported—that is, hidden—income, all on the part of the reigning chair of the committee that oversees tax legislation) because the country wasn’t “jeopardized” by them. But now the press is calling for Rangel’s head, the Republicans are making accusations that seem, for once, reasonable, and other Democratic House members have joined the chorus demanding that Charlie must go. And this is all occurring as Pelosi is trying to martial her House majority as she attempts to ram the latest health care reform package past the nation’s gag reflex.

In short, Pelosi isn’t really doing the right thing. She’s doing the only thing. Continue reading →