Tag Archives: diligence

Mayor De Blasio, Mrs. De Blasio, And Rationalization #68: The Volunteer’s Dodge, Or “You Don’t Pay Me Enough To Be Ethical!”

New York City’s Mayor Bill de Blasio (D), an unapologetic social justice warrior and crypto-socialist, installed his wife, Chirlane McCray, as the executive director of  the Mayor’s Fund to Advance New York City, NYC’s nonprofit foundation. Under the previous mayor, the Fund had raised tens of millions of dollars annually for a wide range of projects, from anti-poverty initiatives to Superstorm Sandy recovery. McCray cannot receive a salary for her job, though the mayor has complained bitterly about this. Nepotism is outlawed under the City Charter in Chapter 68 which forbids public servants using their positions “to obtain any financial gain, contract, license, privilege or other private or personal advantage, direct or indirect, for the public servant or any person or firm associated with the public servant.”

Under the leadership of McCray,  fundraising for the Mayor’s Fund has stalled. In the Bloomberg years, the nonprofit raised an average of $32 million per year, while under Mrs. de Blasio’s stewardship  it has raised an average of $22 million annually, a third less. This may be explained in part by the fact that she often isn’t working at her job. She has attended fewer than half of the meetings of the Fund’s board, and spends just an hour each week on the foundation’s business. It is June, and the New York Times reports that she hasn’t  visited the Fund’s offices in 2018, and was largely absent in the latter half of 2017. As the fund’s revenues have dived, its expenses have soared 50% since she took over,  with the organization moved into bigger offices. The Fund also supports fewer projects.

Sniffs the Times in an editorial, “the Mayor’s Fund under Mr. de Blasio and Ms. McCray has done less with more.”

De Blasio, who has pretty much solidified his reputation as a jerk, defended his wife by saying that she had done “an extraordinary job,” insisting to critics that  “You’re missing what her work is about.”

Her work is about raising money, and she’s not doing that very well. As the Times says, the first rule of fund-raising is to show up.  Mrs. Mayor helpfully added,  “It’s not about who can raise the most money.” Wait, what? Has anyone explained to her what her job is?

Then de Blasio said this, thus causing the proverbial light bulb to go off in my head, as he perfectly illustrated a rationalization that has somehow missed inclusion on the Ethics Alarms Rationalizations List:

“She does all that for zero dollars a year.”

“All that” meaning “a crummy job.”

Say hello. Mr. Mayor,  to… Continue reading

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The Unprepared Judicial Nominee [Updated]

 

Matthew S.] Petersen, a lawyer serving on the Federal Election Commission, was one of five President Trump judicial nominees to be questioned by the Senate Judiciary Committee last week. Senator John N. Kennedy, a Republican from Louisiana, subjected Petersen to questions regarding basic litigation law, such as the Daubert standard, which has to do with qualifying expert witness testimony, the definition of a motion in limine, and several other bits of information a junior litigator would have to have in his memory banks. The potential judge told the Senator that he had never tried a case or argued a motion in court. He said he last read the Federal Rules of evidence in law school. “I understand that the path that many successful district court judges have taken has been a different one than I’ve taken,” Petersen said.

Naturally, being a Trump nominee, Petersen is being widely mocked in the news media and by Democrats. Some legal experts have been more sympathetic, like Judge Wayne R. Andersen, who was a federal judge in the Northern District of Illinois for nearly 20 years. He told reporters  that there was a continuing debate within the legal profession about the qualifications required of a trial judge, saying, “Anyone who steps to the federal bench lacks a huge amount of federal experience necessary to do the job,” and that Senator Kennedy’s questions, while fair, “would eliminate 80 percent of the nation’s lawyers and many of the most talented lawyers.”

Lawyer/Blogger John Hinderaker wrote in part,

The lawyers who have the most thorough understanding of substantive areas of the law–real estate, taxes, corporate governance and so on–are generally not litigators. Do we really want to say that all of these non-litigators–the majority of lawyers–are unfit to be trial judges?…does it mean that one of my non-litigator partners would be disqualified from such an appointment, no matter how good a lawyer he or she might be? I don’t think so.

… Newly-appointed judges attend “judge school,” where they are taught the finer points of the rules of evidence….Most lawyers who are appointed to the bench in both federal and state courts have backgrounds in litigation. No doubt that is appropriate. However, it is by no means rare for non-litigator lawyers to be appointed, or win election, to the bench. In my opinion, that is a good thing. I don’t see why a minority of lawyers–litigators–should have a monopoly on the bench. I don’t know whether Matthew Petersen will make a good judge or not. But in my view, he doesn’t deserve to be ridiculed because his highly-successful law career has been conducted outside of the courtroom.

I agree; he shouldn’t be ridiculed for that. Continue reading

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KABOOM! Roy Moore’s Lawyer Just Made My Head Explode. Or As He Would Say, Just Made My Head Exploded

I hate early morning head explosions. Among other reasons, those bits of skull and brain ruin the taste of my coffee.

No, I don’t blame Trent Garman for representing a vile creepazoid like Roy Moore. Creepazoids have rights too, and should have access to trustworthy and competent counsel. My problem with Garman arises from those last four words. Lawyers as untrustworthy and incompetent as Garman, in my opinion (don’t sue me, Trent, it’s just my opinion that you’re an idiot; I can’t prove it, but I do think you did), shouldn’t be representing clients. Garman, in truth, needs to go back to the sixth grade.

Here is the letter Garman authored on Moore’s behalf. I’ll follow it with the stuff that blew my head; you don’t have to read the whole thing unless you’re into inflicting pain on yourself, like that albino monk in “The Da Vinci Code.”

If you do read the letter, you will note that Attorney Garman never learned that the possessive “its” has no apostrophe, and that he writes English like it is a second, and perhaps third, language. Here are the best, as in worst, examples of his professional writing:

 Your client’s organization has made and/or supported defaming statements. This is due to the careless and/or intentionally refused to advance the truth regarding our clients. We also believe that your client, by and through its agents, have damaged our clients by being careless in how they handle headlines and report the contextual of the allegations.

The second statement  actually says “This is due to the careless and/or intentionally refused to advance the truth regarding our clients.” Diagram that for me. That head-scratcher is followed by “We also believe that your client, by and through its agents, have damaged our clients by being careless in how they handle headlines and report the contextual of the allegations.”This isn’t even the worst example of Authentic Frontier Gibberish in the letter. This is:

Thus, do you know this clearly, yet significant difference which your client’s publication(s) have failed to distinguish. And the legal requirement that your client retract the stories, to include the details which clearly are false.

I can’t even decide what to bold on that one.

Disturbingly, we learn in Trent’s biography that he earned a Masters in Theology from Regent University and  translated two books of the Bible from Greek.  I can just imagine what that translation was like.

I’m not nit-picking a blog comment or a hasty tweet. Roy Moore is fighting for his professional life and reputation, and this is the best legal representation he can find? That letter is a professional product. Garrman is obligated to be competent and diligent, not to send the message far and wide that the former judge thinks that this is persuasive logic and deft prose. Do they not proofread at Garman & Liddon? Do they know what proof-reading is? Do they know what syntax, punctuation and grammar are? Coherence? Professionalism?

Shame on the Troy University and Birmingham School of Law for graduating this careless, inarticulate boob. Heck, no high school should graduate someone who can’t write a letter better than that. Shame on his high school too. Shame on his the Alabama Bar for giving him a license.(I would use words other than “shame,” just to reliev the monotony , but as I’m sure you understand, my vocabulary is affected when my brains are on the ceiling…)

The legal field’s dirty little secret is that lawyers who can’t write or articulate a coherent argument are not as rare as they should be, and they should be extinct.  Nonetheless they get fees from innocent clients who assume that these hacks are smart and skilled because they call themselves lawyers.

But Roy Moore called himself a judge, didn’t he?

Hmmmm…

Maybe this is what George Will calls “condign justice.”

______________________

Pointer: Red Ipsa Loquitur

 

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The Tragedy Of Shahid and Aasia, Or “Murder Isn’t For Idiots”

From Pakistan comes this story, which alternatively sounds like a Coen Brothers black comedy or that lost Shakespeare tragedy, “Shahid and Aasia.”

Aasia Bibi, 21, lived in the small village of Alipur. She was in love with a young man, Shahid Lashari, but her Muslim parents forced her to marry another man of their choosing. After the marriage, Aasia continued to see her lover secretly, and they decided on a desperate plot. Shaid procured some poison, and the bride put it her husband’s milk.

Unexpectedly, he refused to drink it. Maybe it tasted funny: this is what any good “How to Poison Your Spouse” book would have explained. Milk is a really bad drink to poison. Then Aasia left the poisoned milk lying around, and her enterprising mother-in-law used  it to make a traditional yogurt-based drink and served it to 27 members of her extended family.

Wait: how much milk did Aasia expect her husband to drink?  Was she married to the Pakistani Paul Bunyan? Assuming he wasn’t twenty feet tall like Paul, the term “overkill” comes to mind, and appropriately so, for “Oopsie!” does not begin to express the magnitude of her mistake. All of 27 people who drank the yogurt—see, yogurt always tastes like its poisoned— passed out and were rushed to the hospital.  Seventeen of them died. Aasia’s husband, however, remains hale and hearty.

Observations:

1 I liked “Romeo and Juliet” better.

2. Moral luck is a bitch. Still, if you poison food and leave it around, you are asking for random bad things to happen. Usually it isn’t this many or this bad, but you never know. Continue reading

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The Trustworthy New York Times, Whose Editors Don’t Read Their Own Paper

I was stunned when the New York Times, after a Bernie Sanders supporter engineered a sniper attack on a group of Republican Congressmen (Steve Scalise is still hospitalized) published an editorial including the “everybody does it” argument that Republican rheteric had activated madmen too, reminding readers that there had been a  “clear” and “direct” causal connection between Palin’s PAC’s “targeting” of Gabrielle Giffords’ district and Jared Loughner’s murder of six people in Tucson. How could they be dredging up this old smear again, after it had been so thoroughly debunked? It seemed like a desperate, vicious deflection.

The  theory had caused an extended and heated debate at the time of the Tucson attack, with left-biased media pundits, including the Times’ Paul Krugman and others, attempting to silence conservatives by arguing that their harsh “eliminationist rhetoric” had put Gifford in the crosshairs, literally. The Left’s prime scapegoats for the shootings were the most vocal conservative  critics  of President Obama and the Democrats at the time, Rush Limbaugh and Sarah Palin.The smear was transparent and dishonest; eventually even President Obama rejected it in the best speech of his tenure as President. It was also quickly disproven by the facts. Loughner, if anything, was a progressive lunatic. His written rants suggested no influence by the Right at all, and certainly no indication that Palin’s use of a crosshairs graphic to indicate Democrats “targeted” for defeat at the ballot box had even been seen by the killer, much less set him on his murderous path.

The revived lie was taken down online within a day, though not before the Times’s rival for the title of  “Parper Most Willing To Devastate Its Reputation To Destroy Donald Trump” issued a merciless ‘factcheck.”  The falsehod was also put into print. Several lawyers suggested that Palin had grounds for a defamation lawsuit, even though, as a public figure, prevailing in a lawsuit would require her to prove “actual malice.” Palin did sue.  Sure enough, The Times is denying malice by arguing that it made an “honest mistake.” But how could it be an honest mistake, when the Times itself had published reporting that finally proved Loughner was no devotee of Palin or Limbaugh.

For the Times editors to claim they made an honest mistake, they must insist that they were unaware of what had been prominently published in their own newspaper, under their own oversight. Sure, that’s certainly the kind of professionalism, competence and care one expects from the flagship of American journalism. Continue reading

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Ethics Heroes: Andy Mitchell, Samee Dowlatshahi, And Friends

 

Rockwall, Texas resident Andy Mitchell posted a photo on Facebook of himself and Justin Korva, a young stranger whom Mitchell had picked up and driven to his job after seeing him walking to work in his work uniform  in 90 degree weather. He was stunned and impressed to learn that Korva walks three miles each way to his low-paying job at Taco Casa, a fast food restaurant,

“To all the people that say they want to work but can’t find a job or don’t have a vehicle all I can say is you don’t want it bad enough!” Mitchell wrote on the Facebook post. Mitchell then used his post as a springboard to raise money to buy a car for Korva, who is 20.  It took less than 30 hours to raise $5,500. 

Samee Dowlatshahi, the owner of a pizza restaurant who had set up a donation box for Korva’s transportation inside his establishment,  contacted a friend at a local Toyota dealership. The friend told his boss about Korva, and persuaded the dealership to drop the price of a white 2004 Toyota Camry. This allowed Mitchell’s group to buy the car, pay Korva’s insurance for a year, and finance two years’ worth of oil changes along with a $500 gas card.

“Are you serious?” Korva said as Mitchell handed him the keys.

Dowlatshahi said,, “We just want you to know, seriously, this community, nothing we love better than to have someone who works hard. We take a lot of pride in that. It’s so hot out here, I can’t believe you walk even one mile in this heat.”

There is hope.

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KABOOM! A Head-Explodingly Unethical Lawyer!

I have never heard of a lawyer behaving this unethically in such a reckless and transparent manner. I have never heard of anything close to this.

Michael Potere, 32, a recently fired former associate at the large law firm Dentons was arrested last week on charges of trying to extort $210,000 and a valuable artwork from the firm, according to a criminal complaint filed in federal court.

According to his profile on LinkedIn, Potere had a Fulbright Scholarship,  a master’s degree in public policy and administration from the London School of Economics., and had been an associate at renowned law firm Kirkland & Ellis. Something was amiss, however, as Dentons let him go on June 1. Potere did not take this blow well. He reacted by telling partners that he had taken potentially  embarrassing sensitive information from the firm and would leak it all to the legal gossip site “Above the Law” unless he was paid $210,000 and given  a valuable  piece of artwork owned by the firm.

Potere was able to steal the confidential information because a partner gave him  access to his email login information while they were working on a case in 2015, so the associate could access documents related to discovery requests in the case. After he learned that he was being fired, Potere used that login to search through the partner’s emails and download the sensitive documents, including emails between partners, quarterly financial reports, client lists, confidential reviews of associate attorneys, lists of equity partner candidates, documents describing billing rates, details of recruitment efforts, and memos describing how partners should approach clients with outstanding balances” according to the FBI. Continue reading

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