Ethics for Bureacracies—On An Index Card

Ethicist Bob Stone has proposed a useful and perceptive solution to the perplexing problem of lax ethics in government bureaucracies. Calling on them to adopt “a strong sense of mission and a culture of trust, with authority and responsibility shifted from the few at the top to the many front-line workers,” Stone declares that too often “what passes for ethics is merely another set of rules to comply with, and ethics training usually consists of badgering workers about bribery, conflict of interest and favoritism.”

As a solution, Bob proposes a statement of ethical principles, so brief that it would easily fit on an index card:

I will:

  • Do my best at work
  • Avoid conflict of interest
  • Speak truth to power
  • Be a good citizen
  • Shun any private gain from my employment
  • Act impartially
  • Treat others the way I would like to be treated
  • Report waste, fraud, and corruption

When in doubt, my test is can I explain my actions to my mother or to my child.

Stone recommends that leaders and managers customize this to their own organizations, print it, distribute it, and then–and this is the most important part—regularly use events and decisions to discuss ethical lessons and principles with the staff, using the Statement of Principles as the starting point.

You can read his entire essay here. I recommend it. Bob has a long and distinguished background in that Mother of All Bureaucracies, the Pentagon. He knows what he’s talking about.

“The Good Wife” Ethics Follies

“The Good Wife,” CBS’s legal drama starring Julianna Margulies, began as an unusually nuanced show of its type that presented intriguing ethical dilemmas without crossing into David Kelley’s over-the-top Legal Theater of the Absurd. Little by little, however, the show’s willingness to ignore core legal ethics principles is becoming more pronounced. “Boom,” which aired last week, continues a trend that is ominous, considering “The Good Wife” is still in its first season. After all, the lawyers in Kelley’s “The Practice” didn’t start finding severed heads and getting charged with murder until a couple of seasons in.

If you missed “Boom,” or if you didn’t but had misplaced your A.B.A. Model Rules of Professional Conduct, here are the legal ethics howlers committed by the “Good Wife’s” attorneys: Continue reading

Ethics Dunce: Florida House Rep. Janet Long

Once again, an elected official is advocating the Bizarro World ethics principle that those with the greatest conflict of interest in a matter are the only ones who have standing to decide it.  Conflicts of interest create bias and interfere with objectivity. They are to be avoided whenever possible. How then does someone like Florida House of Representatives Member Janet Long, a Democrat from Pinellas County, while debating the controversial Florida law requiring women seeking an abortion to first have an ultrasound procedure, justify demanding that male legislators “stand down if you don’t have ovaries”? Continue reading

Making Sure Your Shrink Has Only Your Needs in Mind

Psychiatry and psychoanalysis were supposed to transform humanity for the better by allow us to understand what makes us happy, sad and crazy and to control it, rather than to let it control us. But after a century that witnessed  Woody Allen undergoing intense treatment for decades that resulted in his marrying his step-daughter (and feeling darn good about it!), the profession is increasingly resorts to a shrug and a prescription. The good news is that many of the new drugs seem to do the job a lot better than Dr. Freud’s couch; the bad is that psychiatrists are often conflicted by their financial ties to drug companies.

Writing in the current issue of the Journal of the American Medical Association, Dr. Thomas Insel, Director of the National Institutes of Health, states that American psychiatrists need to reform a “culture of influence” that has been nurtured by too many goodies offered to doctors by pharmaceutical companies and happily accepted, including big ticket items like research grants, trips, fees for writing friendly journal articles and entertainment, and smaller trinkets like coffee mugs. Continue reading

More “The Good Wife” Ethics

The CBS legal drama “The Good Wife” has a good cast, well-scripted stories, and apparently a preference for misleading the American public on attorney ethics. Here’s the setting for its most recent set of gaffes: attorney Alicia Florrick (Julianna Margulies) and her supervising partner are battling an evil insurance company (you didn’t really think Hollywood would stay on the health care reform sidelines, did you? With a big vote coming up? ) that refuses to pay for in utero fetal surgery necessary to save an unborn baby from certain death. The insurance company’s attorney has a strong case, but offers a deal: it will pay for the surgery if Florrick’s firm will drop a class action lawsuit against the company. The partner, Will Gardner, refuses the offer: many other desperate members of the class need to make the insurance company pay for treatment, and besides, the law firm, which is in dire financial straits, needs the income that the class action might generate.

There are three things ethically wrong here: Continue reading

John Adams: Conflicted?

John Adams’ heroic defense of the British soldiers accused of murder in the Boston Massacre has moved to the front of the line in the competition for favorite historical comparison to the controversy over the so-called “Al Qaeda 7,” the Justice Dept. attorneys under attack for their former representation of Gitmo prisoners. Over at The Legal Ethics Forum, law professor Richard Painter has posted a fascinating essay on John Adams’ own ethical conflicts in his most famous case, and they were far from minor. You can, and should, read it here.

Hollywood Ethics: Variety’s Conflict of Interest Problem

That show biz media “bible”, Variety, finally seems to have reached the point where it can no longer pretend that its inherent conflicts of interest don’t exist. The magazine is simultaneously in the business of promoting movies, TV and stage shows, accepting expensive ads from producers, and depending on inside access for its reporting,  yet it purports to offer objective critical reviews of the output of the very people and companies whose patronage it depends upon to exist. It’s an impossible balancing act, and truth be told, Variety reviews have never had much credibility in Hollywood or anywhere else. But whatever pretense of integrity the publication had came crashing down with a lawsuit by Calibra Pictures, a small independent film company that had signed a $400,000 contract with Variety in which the publication promised to help Calibra’s new release, “Iron Cross,” ( featuring the final performance of the late, great, Roy “We’re gonna need a bigger boat!” Scheider, who died in 2008) find both a distributor and critical acclaim. [ Ethics Violations #1 and #2Dishonesty and Breach of Integrity: Don’t promise what you can’t deliver, and don’t sell your independence and objectivity] Continue reading

Ethics Alarms: the News, the Web, and Other Things

Why People Think the Media is Biased, Reason 61,567: Chris Matthews recently mocked new Mass. GOP Senator Scott Brown for signing a book deal to write his autobiography. “Didn’t people used to write their memoirs after their careers?” Matthews sneered. Gee, Chris, I don’t know: Weren’t you extravagant in your praise for Sen. Barack Obama’s autobiography, published before he was half-way through his first term?

How Writers Are Different From Lawyers: A free-lance writer lays out her ethical principles here, which includes not lending her talents to causes she doesn’t believe in. She is on firm ground, because citizens don’t have a Constitutional right to have their ideas professionally communicated to the world. Citizens do and must have the right to use the laws of their country for their own benefit, however, and to have the best representation possible when they are accused of crimes. That is why we can make judgments about a writer’s principles based on her choice of clients, but to do the same with lawyers is an attack on the principles of democracy. Continue reading

The Unethical Message of the Dems’ “Hypocrisy Defense”

The response of the Democratic Party to their recent flood of ethics embarrassments tells us all we need to know about why the ethics problems exist in this Congress and will doubtless continue. It has, predictably, resorted to the time-tested, playground strategy I like to call the “Hypocrisy Defense,” which aims at avoiding accountability by accusing the accusers. Other names for the Hypocrisy Defense: “Changing the Subject,” “The Incorrigible Scoundrel’s Last Hope,” “The Guilty Condemning the Convicted,” and “Making Yourself Look Less Dirty By Throwing Mud on the Other Guy.” If that’s the best you have, all it shows is that your accusers, hypocritical or not, are telling the truth. Because when you accuse the pot of calling the kettle black, its still means that you are a filthy kettle. Continue reading

The Unethical and Illogical Smearing of Justice Dept. Lawyers

The Senate Republicans, bolstered by the political Right, are angrily criticizing Attorney General Eric Holder for having former Gitmo defense lawyers on the Justice Department anti-terror team.  This demonstrates many things, none of them good, some of them sad.

At least seven Justice Department lawyers previously worked on the legal defenses of Guantanamo Bay prisoners. Apparently this makes them terrorist sympathizers in the eyes of the Angry Right. This is the sad part. A flat learning curve is always sad. Continue reading