Unethical To Be Too “Hard-Working”

Toledo, Ohio attorney Kristin Stahlbush has been suspended from the practice of law for two years for repeatedly over-billing the Lucas County juvenile and common pleas courts for her services as a court-appointed counsel representing low-income clients. On multiple occasions, Stahlbush billed more than 24 hours a day.

From the Legal Profession Blog:

“The Court agreed with the board’s conclusions that by knowingly billing for more hours than she had actually worked, [the attorney] violated the state disciplinary rules that prohibit charging an excessive fee; engaging in conduct involving fraud, deceit, dishonesty or misrepresentation; engaging in conduct prejudicial to the administration of justice; and engaging in conduct that adversely reflects on the attorney’s fitness to practice law.”

In the opinion, the Court said it did not impose more stringent penalties because she had no prior record of disciplinary issues,and was known as a competent and hard-working.

More than 24 hours a day? I’d say she’s hard-working, all right.

Web Hoaxes: Would You Trust This Lawyer?

In an earlier post this month, I related the story of Ethan Haines, an unemployed, newly-graduated lawyer who was staging a hunger strike, he said, to protest the fact that law schools misled their recruits about the employment prospects of their graduates. I was not sympathetic, and concluded:

“Law degrees still are valuable credentials, as is a good legal education, and if Haines got a good legal education, he received everything a law school is obligated to provide. Turning the degree into a career is his responsibility, and it is wrong for him to claim that anyone but himself is accountable for his present unemployed state.”

His stunt was more than an avoidance of responsibility and accountability, however it was a lie. Continue reading

Headline Deceit, the N-Word, and Dr. Laura

Curse you, Gawker, for making me defend Laura Schlesinger!

Radio talk show host/advisor/scold Laura Schlesinger, a.k.a. “Dr. Laura,” has a target on her back for liberal sharpshooters, thanks to her persistent demonization of gays and her advocacy of female subjugation in marriage. Outside of those two areas (“And aside from that, Mrs. Lincoln, how did you enjoy the play?”), Schlesinger’s ethical instincts are usually sound, and her advice to troubled callers is usually good. But she has a lot of enemies, and proof of that is today’s eye-catching headline on the gossip website Gawker, which can fairly be described as “ethics-free.”

The headline:

Dr. Laura Apologizes for Shocking, N-Word Filled Radio Rant Continue reading

Book Publicity Ethics

Author Jennifer Belle felt that her new book, The Seven Year Bitch, needed a more creative publicity campaign than her publicist was providing. The placed an ad in “Backstage” requesting actresses with “compelling and infectious laughs,” to read her book on the subway and at New York City landmarks for $8 an hour. This was enough to interest the New York Times  in sending a reporter to cover the auditions, and then Belle sent the actresses she selected out in teams of two to the steps of the Metropolitan Museum of Art, the steps of the TKTS booth in Times Square, Washington Square Park, and the subways. They read the book out loud, laughing their infectious laughs, and when asked, told onlookers about the wonderful book they were reading. Continue reading

The Left’s New Black Panther Rationalizations

“All looks yellow to the jaundiced eye” (Alexander Pope, 1711)  could have been written about the media handling of the New Black Panther voter intimidation case. To conservatives, it is ominous proof of race-conscious law enforcement in the Obama Justice Department. To liberals, it is more proof that the Right is determined to stir up racial suspicion about Barack Obama’s administration.

I don’t think the incident proves anything conclusively at this point, except this: liberal journalists and commentators are embarrassing themselves and misinforming the public by arguing that the case is trivial, and employing intellectually dishonest arguments to do it.**

Whatever the case is, it isn’t trivial. Voter intimidation isn’t trivial; it strikes at the core of our system of government. I would argue that the government should be unequivocal, strict and unyielding regarding the prevention and punishment of it, by white or black, no matter how manifested. If you don’t think so, then I challenge you to explain why. If there is any conduct that should receive no tolerance by law enforcement, this should be it. There is no excuse for it.

Nevertheless, supposedly respectable commentators like columnist E.J. Dionne feel compelled to make excuses for the Justice Department’s actions while intentionally or incompetently misrepresenting the facts.  Continue reading

Ethics Dunce: Donald Trump

I know, I know. The ethicist’s equivalent of shooting fish in a barrel.

Nonetheless, even for the notoriously shameless and tasteless real estate mogul, this is a new low. He has recruited Rachel Uchitel for his self-promotion vehicle reality show, “The Celebrity Apprentice.” Uchitel, in case you’ve lost count, was the first of Tiger Woods’ many mistresses to be identified by the press.

Now every attractive woman seeking fame and fortune has a motive to contribute to the destruction of male celebrities’ marriages, to help disrupt  their children’s lives and shatter their sense of security, and to aid and abet self-destructive, dishonest, cruel conduct. If you do it well enough, Donald Trump will make you a star! Soon you can be appearing on other reality shows, making money, hiring an agent, getting photo spreads in the Globe and National Enquirer. All it takes is plenty of greed, a lot of ambition, and no shame. Talent, hard work, skill and intelligence are optional, and maybe even a disadvantage. Continue reading

The Washington Post: Embarrassed into Covering the News

Washington Post ombudsman Andrew Alexander wonders why it took his paper so long to cover a story with obvious importance and disturbing implications: the seeming race-based decision of the Obama Justice Department to avoid pursuing a voter intimidation case against the New Black Panthers, even though a YouTube video showed persuasive evidence that an offense was real and substantial. Ethics Alarms, for example, wrote about the story more than two weeks ago.

Alexander is to be saluted for raising, though his conclusion is unsatisfying and more than a little weaselly. Continue reading

Plagiarism, Lies, and the Shameless Scott McInnis

Colorado  gubernatorial candidate Scott McInnis did the impossible: he made Richard Blumenthal look honest by comparison.

McGinnis, a Republican, has admitted that a recent story in the Denver Post, alleging that articles he had written on water issues for a foundation grant were significantly  plagiarized from the writings of a Colorado Supreme Court justice, was factually correct. Then McInnis came up with an astounding non-explanation that was even more unconvincing than the Connecticut Attorney General’s excuse that his repeated and false claims of Vietnam war service were mere slips of the tongue. Continue reading

The Ethics Of Using A Facebook Mole

A lawyer wants to get access to an adversary witness’s Facebook page so he can use information he finds there to impeach her testimony at trial. But even though she accepts virtually anyone who asks to be her “friend” whether she knows them or not, he worries that she wouldn’t accept his request if she recognized his name and face from her deposition, which might prompt her to guess his intent. So the lawyer asks an office paralegal to send her a “friend request” instead. Sure enough, she accepts, and soon the paralegal is gathering all sorts of dirt on the witness and passing it on to the lawyer.

Is this an ethical plan for the lawyer, or not? Earlier this year, the Philadelphia Bar Association’s Ethics Committee issued a legal ethics opinion that concluded it was not: the paralegal was acting for the lawyer, who was using subterfuge and misrepresentation to gain the witness’s consent to explore her private (or semi-private) Facebook information. The Committee said that it didn’t matter that the witness was careless with granting access, or that she gave consent to other “friends” that she barely knew: Continue reading

Unethical Web Site of the Month: Essay Emperor

Masquerading as a blog (Ethics offense #1 : Dishonesty) when it is, in fact, a commercial web site advertising an essay writing service, Essay Emperor includes “informational posts” purporting to give general information about essay writing services but which actually links the reader to just one service: the service provided by—what a coincidence!—Essay Emperor, Inc. (Ethics Offense #2 : Deceit)

Three of the posts on the home page claim to discuss the ethical issues of using essay-writing services. Continue reading