duty to report misconduct

A Brief #MeToo Related Note…

/ Jack Marshall / 9 Comments

“Judges have a special responsibility to promote appropriate behavior and report instances of misconduct by others, including other judges,”  states the executive summary of a report submitted to the Judicial Conference of the United States, referring to the workplace.

No, everybody has a special responsibility to promote appropriate behavior and report instances of misconduct by others—including judges, lawyers, artists, CEOs, managers, actors, journalists..all “others”) in the workplace.  Judges aren’t special. Anyone who allows a co-worker, a colleague, a superior, a manager or an officer to engage in workplace harassment without taking steps to expose it and end it is complicit in the victimization of the individuals harmed.

Someone ask Bill Clinton, who, hilariously, now says that he supports #MeToo, if he agrees with the above statement. How many people, do you think, had to fail their responsibility to promote appropriate conduct by him in the workplace, for him to obtain power and influence, and convert it to great wealth? Hundreds? Thousands? Tens of thousands? More?

Who else should we ask?

_________________________

Source: ABA Journal

Ethics Dunce, One Way Or The Other : Former Yankee Slugger Mark Teixeira

/ Jack Marshall / Leave a comment

Mark and Robbie…

Major League Baseball is still buzzing about the shocking half-season suspension of Seattle Mariners second baseman Robbie Cano, which I wrote about here. Among the more unethical buzzes were the comments from former New York Yankee star Mark Teixeira, now a baseball analyst for ESPN, who played with Cano before he left the Yankees as a free agent. Asked about Cano’s testing positive for an agent used to mask steroid use, Teixeira said,

“Yeah, I don’t really want to get into too much detail. I love Robbie. I’m just not surprised. I don’t really want to go too much further, but I think a lot of people are kind of saying the same thing….Let’s just use this situation here. Robbie Cano’s assistant was on the list for Biogenesis. [Biogenesis was the sports medicine clinic involved MLB’s 2013 PED scandal that resulted in the suspensions of 14 players, including Yankee superstar Alex Rodriquez and former National League MVP Ryan Braun.] Now, of course, [Cano] had an assistant, you know, buy stuff for him. Alex Rodriguez got popped by Biogenesis, and [former Yankees outfielder] Melky [Cabrera] got popped. They were best friends. When someone gets lumped into that group, it’s because there’s evidence. There’s a paper trail. There’s a smoke trail.”

Foul. Continue reading →

Chris Darden: Failing The Accountability Test and Making the Unethical Quote of the Week, Too

/ Jack Marshall / 7 Comments

I feel sorry for Chris Darden.

It’s all Johnny Cochran’s fault.

Like Monica Lewinsky and others, he was living a normal personal and professional life  until events beyond his control  thrust him to the center ring of a media circus, and the bright lights of celebrity and hyper-scrutiny derailed his life forever. As a young prosecutor, he could have made many worse errors than his infamous gamble of allowing O.J. Simpson to try on the murder gloves found at the scene of Nicole Simpson’s and Ron Goldman’s death, and been able to learn and move on. But his  blunder was on live TV, during the most watched trial in history. Master defense attorney Johnny Cochran turned it into a ditty (“If the gloves don’t fit, you must acquit”) that found immortality in law school classes, history books and “Seinfeld,” and Chris Darden, working lawyer, became celebrity road-kill. (So did his colleague Marcia Clarke. Seeing today, bleached, botoxed and barely recognizable, desperately trying to eke out a living as a D-list celebrity pundit, it becomes vividly clear that Simpson ruined more lives than the two he snuffed out that bloody night.)

So I understand why Darden, taking part in a panel discussion about the trial at Pace Law School in New York City, shocked his fellow panel members  and the audience by saying, “I think Johnnie tore the lining. There were some additional tears in the lining so that O.J.’s fingers couldn’t go all the way up into the glove.” Darden then asserted that the defense team had unsupervised custody of the glove before the infamous test, which is when he surmised that the tampering took place. I understand it, just as I understand a lot of terrible conduct that is still inexcusable. Continue reading →

Legal Ethics Train Wreck on “The Good Wife”

/ Jack Marshall / 2 Comments

Oh, Alicia, Alicia...what have they done to you?

The CBS legal drama “The Good Wife” continues to show the seamy side of big firm legal practice, with heroine Alicia Florrick’s firm, Lockhart, Gardner and Bond, its adversaries, and even Good Alicia herself violating legal ethics rules with abandon, and at an accelerating rate, based on recent episodes. There is nothing wrong with this as entertainment, as long as the Rules themselves are not being misrepresented (they aren’t), the misconduct isn’t being presented as ethical (it isn’t, though it is sometimes hard to tell), and viewers don’t get the idea that this is how most law firms behave. Unfortunately, like most legal shows, “The Good Wife” fails in this important realm. I work with many large law firms, and they are all very aware on the ethical lines, bold or fuzzy, that they must not cross, and take their obligations seriously.

The most recent episode of “The Good Wife,” entitled “Getting Off” included a full-fledged ethics train wreck sparked by the firm’s habitually unethical adversary, the fecund Patti Nyholm. In the middle of representing the defendant hospital in a lawsuit brought by a Lockhart, Gardner and Bond, Nyholm is fired by her firm and removed from the case. With a twinkle in her eye, she approaches none other than the Lockhart firm to represent her in a multi-million dollar lawsuit against her former firm for discrimination and wrongful termination, on the theory that it fired her because she was pregnant. Continue reading →