Despair not over the dysfunction of Congress, my friends! When a proposed measure is right beyond question, the warring parties are still capable of joining hands across the aisle and speaking with one unified voice. For example, they are capable of making an unequivocal statement that Michael Steele, Chairman of the Republican National Committee, has the same ethical bearings as that Nigerian prince who keeps e-mailing me. Continue reading
ethics
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
Legal Advertising Ethics: The Public’s Not THAT Gullible, 2nd Circuit Rules
The fact that lawyers are prohibited by their professional ethics standards from engaging in conduct that is misleading or dishonest has caused many state bars to hold the profession to restrictions on advertising that would ban most of the TV commercials we see every day for any other product or service. For example, lawyers cannot engage in self-praising hyperbole and say, for instance, that the Firm of Slash and Burn is “the best real estate law firm in Miami,” because the statement is not objectively true or cannot be proven to be accurate.
While many states have gradually surrendered in the battle to keep lawyer advertising unusually forthright and dignified (you can see what monstrosities this has wrought here) New York actually toughened its lawyer advertising rules a few years ago, decreeing.. 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.
Astrology Ethics
Considering absurd hypotheticals can still be valuable. Consider this ridiculous question from a site with the tautological title, “Astrology or Superstition?” :
“Would it be unethical to use astrology to gain advantage over someone in the work environment?”
Obviously not, because astrology is a crock. But if it were not a crock, what would the answer to this question be? Continue reading
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 #2—Dishonesty and Breach of Integrity: Don’t promise what you can’t deliver, and don’t sell your independence and objectivity] Continue reading
Spam Ethics
I was not previously familiar with the extent of that scourge of all blogs, spam. Nor did I realize that deciding which comments qualified for instant deletion would involve an ethical balancing act, but it does, and I am getting the hang of it.
WordPress, thankfully, gives its blogs a program that flags the most obvious spam, fake, automatically generated comments that have nothing to do with the post they are attached to, entered only to get publicity for websites that are selling something. Sending out this junk is pretty sleazy: it aims to junk up a serious website with dishonest drivel and use it as an unwilling billboard, usually for less-than-admirable products and services. The worst ones try to waste my time as well, falsely “alerting me” that my blog doesn’t work with their browser or that my RSS feed is malfunctioning. This kind of spam never gets through the door. Continue reading
Pit Bulls and Bigotry
Writer Charles Leerhsen has experienced a conversion. After witnessing his best friend being viciously attacked and nearly killed on a city street without provocation, he has embraced bigotry with both hands. Now he writes screeds condemning not the attacker, but all individuals of the attacker’s race. In a passionate and angry essay for The Daily Beast, he denigrates not only those individuals but also anyone who defends them, such as “certain PC urban professionals who long to tell the world that they are super-sensitive and understanding souls.”
It’s an ugly essay, emotional, doctrinaire, and illogical, employing the well-worn racist technique of generalizing from the individual to the group and back again. Why would any respectable media outlet print such bile?
Perhaps it is because Leerhsen’s best friend was Frankie, a Wheaton terrier, and Frankie’s attacker was a pit bull. Continue reading
“Raving Private Gump”: Tom Hanks Lets Political Correctness Eat His Brains, and Gets Called On It
I am a big fan of Tom Hanks’ work as an a comic, a dramatic actor, a producer, and in drag, but he has been reliably attached to what may end up being the most infuriating quote of the year. If not the most infuriating, then at least the most ignorant and irresponsible. In an interview with historian Douglas Brinkley in a Time magazine feature about his upcoming HBO series on World War II in the Pacific, Hanks said this:
“Back in World War II, we viewed the Japanese as ‘yellow, slant-eyed dogs’ that believed in different gods. They were out to kill us because our way of living was different. We, in turn, wanted to annihilate them because they were different. Does that sound familiar, by any chance, to what’s going on today?”
If you are not now running in circles, wide-eyed and screaming, you should be. 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
Ethics Alarms 