Tag Archives: conflicts of interest

That Settles It, If It Wasn’t Obvious Already: Lisa Bloom Is An Unethical Hack (But I Could Be Wrong…)

Now, don’t sue me, Lisa! Remember what it says in the “About” section (above), this is all just my opinion. When I say you are a stunningly unethical lawyer, that’s just my analysis; it’s true I know something about legal ethics, teaching and consulting on it full time, but I can’t assert my opinion as fact. I can’t read your mind or slog through your soul. I don’t know what a bar disciplinary committee would decide, though I know this is a famously gray area in legal ethics, so unethical conduct is unlikely to be punished.  And when I say you’re a hack, remember that “hack” isn’t a description subject to objective proof, any more than, say, “asshole.” Perhaps your definition of “hack’ is different from mine. In fact, I’m sure it is.

That said, your conduct is a professional disgrace. I think. Who knows? I may be wrong.

In an interview with BuzzFeed News published this weekend, Bloom, speaking of her recently terminated representation of Harvey Weinstein, said

“I can see that my just being associated with this was a mistake. All I can say is, from my perspective, I thought, ‘Here is my chance to get to the root of the problem from the inside. I am usually on the outside throwing stones. Here is my chance to be in the inside and to get a guy to handle this thing in a different way.’ I thought that would be a positive thing, but clearly it did not go over at all.”

Bloom added that she will no longer represent men accused of sexual misconduct, “even those who convincingly tell me they are innocent….I will just make the best choices I can out of every situation. I have clearly not been successful. I think anybody who does big bold things fails. And I definitely failed on this one.”

What Bloom has failed at is called “being a trustworthy and competent lawyer.”

The next day, during an appearance on Good Morning America, Bloom even more explicitly threw her former client under the metaphorical bus:

“It’s gross, yeah,” Bloom told GMA. “I’m working with a guy who has behaved badly over the years, who is genuinely remorseful, who says, you know, ‘I have caused a lot of pain.’”

Did Bloom actually graduate from law school, or did she just apprentice in her mother’s office (she is Gloria Allred’s daughter) and somehow get an honorary license? Did she never learn about the a lawyer’s duties of loyalty and confidentiality? She obviously didn’t know about conflicts of interest, since she represented Weinstein while agreeing to let him turn her book into a TV miniseries.

Ethics Alarms has previously criticized lawyers who have publicly undermined their former clients. The most recent example  was last year, when a former Trump lawyer used his experiences while representing the future Presidential candidate decades earlier to write a scathing mid-campaign attack on his former client in the Huffington Post. I wrote,

There is strong disagreement in the profession about whether the answer to “Is this unethical?” should be an outright yes. The status of loyalty among the legal ethics values hierarchy is as hotly contested now as it ever has been. If a lawyer wants to attack a former client in a matter unrelated to the representation and no confidences are revealed in the process, is that a legal ethics breach? If it is, it would be a very tough one to prosecute. I think it’s a general ethics breach, as in wrong and unprofessional. It is disloyal, and clients should be able to trust their lawyers not to come back years later, after a client let the lawyer see all of his or her warts, and say, “This guy’s an asshole.” It undermines the strength of the public’s trust in the profession.

Continue reading

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Filed under Arts & Entertainment, Character, Ethics Alarms Award Nominee, Ethics Dunces, Ethics Train Wrecks, Gender and Sex, Government & Politics, Law & Law Enforcement, Professions, U.S. Society

Here We Go Again: Harvey Weinstein, Lisa Bloom And The Thing About Lawyer Ethics That The Public And The News Media Just Cannot Seem To Grasp

LawNewz writes, and in so doing wins a Legal Ethics Dunce so easily that I’m not even going to bother,

Feminist attorney Lisa Bloom, who has represented dozens of women against accused sexual harassers like Donald Trump and Bill O’Reilly, is now representing an alleged sexual harasser. In, quite frankly, a shocking move, Bloom agreed to give her “advising” services to film studio executive Harvey Weinstein, who is accused of harassing women over a thirty-year timespan. Immediately, many in the legal world wondered what would motivate such a principled women’s rights advocate to represent a man facing such sordid accusations.

Weird! I have the strangest feeling I have been here before…it’s Ethics Alarms déjà vu!

No, I have been here before, and if you’ve read the blog regularly, so have you, like here, for example, when the post was called,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or here, when I defended Hillary Clinton….yes, you read that right…when she was being called a hypocrite for once defending not only a child rapist, but a guilty child rapist.  Then there was this post, when liberal icon Larry Tribe was representing a coal company. Bloom, Tribe, Estrich and Hillary all have the same defense, not that lawyers should need a defense for being lawyers.

Let’s see…I think I’ll quote myself from the Hillary piece this time… Continue reading

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Morning Ethics Warm-Up, 9/16/17: Amazon Purges Reviews For Hillary, Equifax Must Die, Making Literature More Diverse, And The Red Sox Get Away With It…

GOOD MORNING!

1 “It would be wonderful, wouldn’t it?”

This is the response that the widow of writer Roald Dahl to a reporter’s suggestion that Charlie, the hero of Dahl’s “Charlie and the Chocolate Factory” (aka “Willy Wonka and the Chocolate Factory:) should be made black in a future “reworking” of the book. Recently Mrs. Dahl has claimed that Charlie was originally supposed to be black, but that her husband changed the character before the book was published. She blames his agent, who was, she says (none of this is more than hearsay) afraid that the book wouldn’t sell as well in American with a black hero. She blames “American sensibility.”

No, it wouldn’t be wonderful to start changing the races (and inevitably, genders and sexual orientations) in “reworkings” of literary classics. It would be unethical and irresponsible, as well as a defilement of the author’s visions and creations. Whatever the reason was, and we cannot know it regardless of what Mrs. Dahl now claims, Charlie was white in Dahl’s book. If he had wanted his book to be about a black child, or a little girl, or a Muslim transsexual, the author would have made it so. If someone obsessed with tribal identity politics wants to write a new adaptation under their own name so we can jeer and mock him or her, swell. But it isn’t any more “wonderful” to “rework” Dahl’s own story this way than it is to make Bob Cratchit black, or Captain Ahab black, or Bigger Thomas in “Native Son” Asian-American.

Of course, a stage or film adaptation of the book can cast it any way it chooses.

2 The major business ethics story this past week has been that data security breach by credit giant Equifax. An estimated 143 million Americans now face identity theft for the rest of their lives because the company wasn’t competent to be in the business it was in. It’s that simple. The ways in which Equifax blundered into allowing all this data to be hacked are legion, with more revelations almost daily. My personal favorite is that it neglected to install a patch that would have made its files more secure, delaying for months for no good reason.

Business analysts point out that despite this massive demonstration of ineptitude, the company is not likely to suffer more than the cost and inconvenience of a class action lawsuit or five. The companies that pay Equifax weren’t harmed by the breach, just the lives of the credit-seekers who they use Equifax to check. Nobody seems to think that even this massive misconduct will put Equifax out of business.

The company has dumped some executives, and will probably dump some more, reorganize, and padlock that barn door securely now that the horse has fled. TooLate. The company is untrustworthy, and more than that, companies like Equifax that gather personal information about innocent citizens need to be scared sick about what will happen to them if they can’t keep the information from falling into malign hands. Equifax needs to be put out of business. Its leaders and management need to be imprisoned, fined so severely that they are reduced to eating cat food, or blacklisted so their future employment is limited to bait shops and traveling carnivals. Continue reading

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Unethical Quote Of The Month: Simon Radecki

“You probably haven’t seen the news. Can you confirm whether or not your daughter Bridget has been kidnapped?”

–Pennsylvanian Simon Radecki of Northampton County, asking Senator Pat Toomey a question at a public town hall relating to the President’s decision to suspend the DACA.

It’s seldom one sees a deliberate breach of question and answer ethics from a member of the public (journalists breach these all the time, but they also are held to higher standards).Radecki’s question to the Senator qualifies, and is about as odious as the breed gets.

To begin with, the question was framed as a lie, suggesting that there was any report to confirm. It was also vicious, an intentional infliction of emotional distress (a tort), a plausible threat, and a direct Golden Rule breach. Nobody would want to have someone falsely report that his daughter was the victim of a crime or in mortal danger, yet this is exactly what Radecki did to Toomey. To add to the question’s unethical pedigree, Radecki dragged Toomey’s innocent 16-year-old daughter ( Ivanka Trump-hate  notwithstanding, being the child of a Republican is not yet a crime)  into a political controversy, exploiting her and employing her as a tool of partisan attack.

Nice. Continue reading

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Filed under "bias makes you stupid", Childhood and children, Ethics Alarms Award Nominee, Ethics Quotes, Etiquette and manners, Family, Government & Politics, Law & Law Enforcement, Rights, U.S. Society

How The Human Factor Foils Technology And Ethics: A Case Study (UPDATED)

Baseball finally installed a replay review system to address umpire calls that were shown by TV slow-mo to be clearly wrong. For all the complaining about the system, it was the only ethical choice. Mistaken calls were changing the results of games, and because of technology, this was now obvious to all. Only technology could solve the problem.

Unfortunately, however, human beings still control the technology. Bias, emotion and other impediments to ethics will still prevail more often than we like to think. Yesterday’s Red Sox Yankee game provided a classic example.

Yankees manager Joe Girardi challenged a safe call on the Sox’s Andrew Benintendi when he slid into second base for an apparent double. The video showed that the second base umpire had missed the play. Upon review—the umpires put on headsets to get the verdict from a New York studio where another set of umpires check the video from multiple angles—the call was reversed, and Benintendi was out.

In the same inning, Red Sox manager John Farrell challenged an inning-ending double play. The review showed Red Sox baserunner Mookie Betts safely reached second before the throw, allowing the Red Sox to score the game’s first run. For the second time in a single inning, Greg Gibson,  the second base umpire, had his call reversed. I have never seen this happen before. For an umpire, this is not just embarrassing, it is professionally humiliating.

Later, in the seventh inning, the same star-crossed (cross-eyed?) umpire  called Yankee Greg Bird  out as he was doubled off second base after a lineout. The video this time was more conclusive than the first challenge: the umpire blew it, again. Bird had beat the throw.

While the challenge was being reviewed, the Red Sox broadcasters, who had concluded that Bir should have been called safe at second, were talking about the rarity of the same umpire being reversed three times in a single game. Sox color man Dennis Eckersley wondered aloud if professional courtesy and loyalty might affect the review.  What he was really asking was whether the umpires in New York would allow a colleague to be exposed to the disgrace of being reversed three times in one game. This wouldn’t only  make him look bad, after all. It would make umpires look bad. Three strikes and you’re out, after all.

Sure enough, the decision from New York was that the call at second was correct. Bird was out, even though the video showed he was safe.

The umpires have plausible deniability here: this was hardly the first time that a replay review seemed at odds with a video. Nonetheless, it was a sobering display. By all appearances, the umpires distorted the game to protect one of their own who was having a terrible night. They were employing the Golden Rule in the kind of setting where the Golden Rule works against an ethical result, not for it.

Fortunately for the umpires, allowing the third blown call at second was allowed to stand had no effect on the game’s outcome, but that is just moral luck. The umpires made a very clear statement. They regard loyalty to colleagues as more important than their profession, the game, their fans, or public trust. They, or at least the umpires involved, cannot be trusted to put aside their biases and conflicts when their duties demand it. Technology may be unbiased, but the humans using it are not. Professionals are not always professional when a colleague’s fate is involved.

Humanity is the ultimate conflict.

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Professor Volokh’s Ethics Dissent On The Vicious, Pazuzu-Blaming Professor’s Firing

‘Yes, I know he’s an idiot, but we should support idiots as highly paid teachers of our children, for the protection of the non-idiots…

Eugene Volokh is one of the best and most objective legal minds in the country. If he finds himself on the Supreme Court when Kennedy retires or Ginsberg shuffles off this mortal coil, we will not have suffered through the ugliness of the Trump years in vain. When he opines, I listen, as we all should, and he has now opined regarding the now fired idiot that I wrote about this morning, ex-University of Tampa visiting sociology professor Ken Storey.

Storey used Twitter, in the middle of the still-unfolding human disaster in Houston and soon New Orleans, to announce that flooding victims who were Trump supporters or Republicans deserved to die. He did this twice, so his later claim that his words did not intentionally convey what his words were obviously intended to convey was a desperate and obvious lie.

I wrote:

The university or college that fires an employee like Storey is protecting its reputation as a responsible institution, by stating in clear terms that people with terrible judgment and cruel and unethical instincts who are motivated by hate and intolerance are not qualified to teach….because they aren’t. That professors increasingly have no ethics alarms beeping when the prepare to publish sentiments like Storey’s (or worse) shows how thoroughly the leftist echo chambers of most campus faculties turn academics into Pat Robertson, which is to say, rigid, mean, and dumb. Once upon a time, liberals giggled themselves silly over the evangelical huckster’s periodic pronouncement about how a disaster was God’s way of punishing the U.S. for not abusing gays sufficiently, or similar bile, Now they do the same thing, and expect their colleagues and students to applaud.

Today, in the Washington Post, Professor Volokh advocates a different position:

Storey’s comments were nasty and mean-spirited; and I should note that the University of Tampa is a private university, in a state that doesn’t limit private employers’ ability to fire employees for their speech. The university’s actions thus seem legal (assuming they didn’t breach any contract). And Storey’s comments also weren’t academic or likely to be part of a serious political debate.

But the university’s action strikes me as further undermining the freedom of expression and debate at American universities, including the freedom to say things that are much more thoughtful. If you were an untenured faculty member at the University of Tampa, would you feel free to express your views on controversial subjects, when you saw how the university reacted to this tweet? Even if your views were very different politically, what do you think the University would do if people started pressuring for your dismissal, pointing to the Storey incident as precedent?

I’ve talked before about “censorship envy,” one mechanism through which these sorts of speech restrictions can grow: “If my neighbor — and especially my political adversary — gets to ban speech he reviles,” the thinking goes, “why shouldn’t I get to do the same?”

If a university has a strong policy of protecting speech, including offensive speech, administrators can point to that policy as a means of resisting calls for firing a controversial faculty member, and they can appeal to people’s desire to see speakers on their own side protected, and use that desire to help protect speakers on all sides. But once the university starts firing some people for speech “that do[es] not reflect [the university’s] community views or values,” that makes it much harder to resist calls for more suppression. Indeed, at that point tolerating speech starts implicitly conveying the message that the speech does reflect the university’s community views or values — and to avoid that implication, the university would have to fire any speaker who offended some sufficiently influential constituency.

I am very confident that in this rare case, Prof. Volokh is dead wrong. Continue reading

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Comment Of The Day: “The Good Hoax”

Becoming the first Ethics Alarms comment to achieve a Comment Of The Day on consecutive days is Ryan Harkins. Ethics Alarms has a fair number of lawyers contributing regularly, as well as teachers, doctors, a theologian, business owners, managers, ex-military, scholars, and other professionals, plus practitioners of various trades and the arts. I have been hoping for more engineers to join the discussion, and Ryan brings that perspective along with his communications skills.

Here is Ryan Harkins’ Comment of the Day on the post, The Good Hoax:

While I was a graduate student at the University of Wyoming, one of my office mates was approached by a group who offered, for a couple of thousand dollars, to do all the research for his Master’s Degree and write up the results in a guaranteed-to-pass thesis. Supposedly my office mate tracked down some of the reviews of this group and found that some had indeed managed to attain a Master’s using services like this. As a disclaimer, I didn’t personally follow up on it, or investigate to see if people were later identified for their fraudulent activity.

A year or two later, my advisor was showing me a website that generated very scientific-sounding, but utterly meaningless journals, complete with references. The abstracts this random generator produced weren’t too far off from some of the jargon-laden examples quoted above. One of the claims to fame of this website was that it had actually managed to get a couple of these randomly-generated papers approved at conferences. I think this link to SciGen will take you to the site my advisor found.

My time in academia impressed on me that journal papers are far from the infallible entity we would like them to be. There were people in my field (theoretical computer science) that had a reputation of getting three papers out of each finding they’d made: the initial paper, the correction of the initial paper, and the correction of the correction. I was always worried that, if I ever actually made any findings worth publication, I would have missed some error in my logic that would render my results invalid, and yet people for decades hence would utilize my results in their research, leading to error cascading down for generations. Continue reading

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Filed under Professions, Research and Scholarship, Science & Technology