The Unprofessional Cause Of Unprofessional Lawyer Brian Zulberti

Brian ZYoung Brian Zulberti may be nice guy. He may even be a competent lawyer, though the chances of his being able to demonstrate that are diminishing daily. Nevertheless, his quixotic and misguided, and dare I say it, really stupid, quest to show that professionalism, judgment and character are not properly relevant to the practice of law is an exercise in hubris that must fail, deserves to fail, and of course, will fail, leaving him to pick up the pieces of fifteen minutes of media fame purchased at the price of a reputation. It looks like he’s having fun, and that’s something, I guess. Ten years from now, I doubt that he’ll think it was worth it.

Shortly after passing the Delaware Bar, Zulberti, a 2009 law school grad,  emailed the entire Bar membership asking for a job. In lieu of his résumé;  he attached a photo of himself in a Villanova Law muscle shirt that would be more at home on a dating site for the shallow. The web also contained his half-naked selfies, and various websites with varying motives picked up the story. Interviewed on YouTube, Zulberti proclaimed that being true to himself was more important to him than getting hired, and that he wasn’t about to change his Facebook privacy settings to portray himself as a traditional, dignified, applicant for legal work.

Let me pause here to say that in many ways I sympathize with Zulberti. Continue reading

Facebook Ethics: Making Your Facebook Friends As Ignorant As You Are

Foto-Facebook

All of a sudden, for some unknown reason (maybe THIS story!) there is an avalanche of Facebook users posting this language, or the equivalent:

Now that there has been a change in Facebook’s privacy policy, I am making the following change: I do not give Facebook or any entities associated with Facebook permission to use my pictures, information, or posts, both past and future. By this statement, I give notice to Facebook it is strictly forbidden to disclose, copy, distribute, or take any other action against me based on this profile and/or its contents. The content of this profile is private and confidential information. The violation of privacy can be punished by law.  NOTE: Facebook is now a public entity. All members must post a note like this. If you prefer, you can copy and paste this version. If you do not publish a statement at least once it will be tactically allowing the use of your photos, as well as the information contained in the profile status updates. DO NOT SHARE. You MUST copy and Paste.

================================
PRIVACY NOTICE: Warning – any person and/or institution and/or Agent and/or Agency of any governmental structure including but not limited to the United States Federal Government also using or monitoring/using this website or any of its associated websites, you do NOT have my permission to utilize any of my profile information nor any of the content contained herein including, but not limited to my photos, and/or the comments made about my photos or any other “picture” art posted on my profile. You are hereby notified that you are strictly prohibited from disclosing, copying, distributing, disseminating, or taking any other action against me with regard to this profile and the contents herein. The foregoing prohibitions also apply to your employee, agent, student or any personnel under your direction or control.

The contents of this profile are private and legally privileged and confidential information, and the violation of my personal privacy is punishable by law.

UCC 1-103 1-308 ALL RIGHTS RESERVED WITHOUT PREJUDICE.

Impressive!

Scary!

Legal sounding!

But oh so wrong in every way. Continue reading

What’s Wrong With The Florida Cyber-Bullying Arrests? Everything.

“Bullying, as they are supposed to teach you in school, is when someone uses their superior power to subordinate and humiliate someone weaker than themselves. This is wrong, and it is always wrong.”

The Sheriff of Polk County...wait, no, that's Tom Cruise, searching for pre-criminals in "Minority Report." Well, close enough.

The Sheriff of Polk County…wait, no, that’s Tom Cruise, searching for pre-criminals in “Minority Report.” Well, close enough.

This is a quote from an Ethics Alarms post earlier this year, about a school that forced students to do embarrassing things in a warped effort to discourage bullying. There is a disturbing societal consensus brewing that opposition to bullying justifies all sorts of extra-legal, unethical, excessive, abusive and unconstitutional measures, and there are a dearth of persuasive voices point out that this consensus is dangerous and wrong. Those potential voices are being stilled by a kind of cultural bullying. How can you defend bullies! Look at the victims! Think of the children! What a horrible, unfeeling person you are!

This is the only explanation I can generate for the fact that none of the commentary and media coverage regarding the Florida arrests of a 14-year-old girl and a 12-year-old girl on trumped-up charges of “stalking” following the suicide of Rebecca Ann Sedwick pointed out that the arrests were a travesty of the justice system, an abuse of power, child abuse, legally and constitutionally offensive, and, yes, bullying of a different kind. Continue reading

Cautionary Tales: When The Law Protects Unethical Creeps

Chaney_Chelsea

Two recent court rulings demonstrate how the law often cannot punish purely unethical conduct if it falls in the cracks of legal language and definitions. When that happens, however, it is incumbent upon the rest of the culture not to allow an Ethics Dunce, or worse,to escape without proper identification and condemnation.

Case A: Curtis Cearley

Director of technology services for the Fayette County (GA) school district.

Fayette County high school student Chelsea Chaney used her Facebook page to post a photo of herself wearing a bikini and standing next to a life-size cardboard cut-out of rapper Snoop Dogg holding a can of Blast, the caffeinated alcoholic beverage he promotes. Although it was posted for the student’s friends, Cearley saw it, and used the comely photo in a  presentation at a public forum on the risks of sharing potentially embarrassing personal information on social media. He also used her name, identifying Chaney at the forum which was attended by parents, faculty and  students who attended school with her. He never alerted her, or asked her permission to use her photo as a “Don’t be like Chelsea!” example. The forum was titled “Once It’s There, It’s There to Stay.”

Horrible. This is a pure Golden Rule violation by Cearley, unfair, cruel, thoughtless, mean and intentionally  harmful to a minor, no less: Continue reading

Ten Ethics Observations On The Government Shut-Down

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Stipulated: I am not in generally favor of government shutdowns, just as I do not favor strikes, boycotts, Massada-style mass suicides, wars, or any other destructive tactics, strategies and actions in response to impasses over important matters. Sometimes, however, they are necessary and responsible. Sometimes, they are not.

1. It is fascinating reading the comments on the shutdown from my friends on Facebook. It is startling how many of them simply parrot back partisan talking points they have heard on CNN and MSNBC, but especially striking are the angry rants of the government employees who appear to take the shutdown as a personal affront. How dare the evil Republicans disrupt their lives, their paychecks, their work schedule, their vacations! I wonder if my friends have the same reactions to labor strikes, wars and national disasters. Do they really believe that those elected officials struggling to decide on crucial matters of policy, firmly believing in a course that is right for the nation and reaching an impasse, should just shrug off the serious implications of the issue at hand and say, “But, hey, Joe Finsterwald will have a tough time if his agency has to shut down, and the Bradys’ DC vacation will be ruined, so the heck with it: go ahead with that law we think will be a disaster for the country. We’ll back off.” Do those Facebook complainers really think that would be responsible governance? You know, guys, this isn’t personal: it’s called politics and two party government. It’s part of the deal. Disagree with the policy arguments if you have the knowledge and perspective to do so, but taking the position that the entire business of running the country revolves around your convenience over the next few days or weeks is as juvenile as it is irresponsible. If you work for a private company, you risk disruptions because of business failures, competition and re-organizations. If you work for the government, you risk things like this. It’s not only about you.

2. What various polls show about what the American public believes or doesn’t believe is irrelevant, and anyone on either side of the dispute who cites them as support for the Affordable Care Act or gutting the Affordable Care Act is either naive or trying to deceive. Continue reading

Thanks, Lenddo, For A Brave, New…Crummy…World

I hate you, Jeff, and I hate your friends.

I hate you, Jeff, and I hate your friends.

Some ideas that brilliant young people have in the technology field should have remained unthought, and if thought, promptly rejected on the grounds that however clever and profitable, they will make the world a crummier place. This is one of those ideas:

From CNN Money we learn that Lenddo, a new financial lending companies (apparently none of the brilliant young people work in the marketing department—Lenddo???)  has figured out that one’s Facebook friends, and how friendly you are with them,  are a revealing indicator of your credit worthiness. If one of those FB friends is late paying back a loan to Lenddo, their data indicates that it means you are more of a credit risk than if that friend was right on time. Not only that, if the delinquent friend is someone you frequently interact with on the social network, it means you are even more likely to be a deadbeat.

“It turns out humans are really good at knowing who is trustworthy and reliable in their community,” happily crows Jeff Stewart, a co-founder and CEO of Lenddo. “What’s new is that we’re now able to measure through massive computing power.”  Fascinating, Jeff!

You suck. Continue reading

How Dangerous Lies Become Accepted Truth: D.C. Theater Embraces The False Emmett Till-Trayvon Martin Comparison

If we want it to be true, then it will be true...

If we want it to be true, then it will be true…

I awoke to find this in my Washington Post Style Section this morning, in the column devoted to notable events in D.C. theater. My personal Facebook page is fairly well linked to the Washington , D.C. theater community, so I decided to register my disgust there. I’m continuing it here, and in the interest of economy, will simply repeat what I just posted on Facebook.

I will just add this: I foolishly assumed that the irresponsible, and either ignorant or malign attempts to equate the killings of Emmett Till and Trayvon Martin were isolated examples of race-baiting excesses, and would be widely rejected and debunked by more responsible figures and authorities. Not only did this not happen, but that indefensible comparison, and the damaging falsehoods it is intended to plant, like a deadly virus,  in our national fabric, is beginning to take hold as truth.

Anyone, regardless of race and political or ideological belief should be able see how intolerable this is. Everyone has an obligation to do what they can to stop it.

Here is my Facebook post. Continue reading

Reminder: August 1 Is “Quote Justin Carter On Social Media Day”

justin-carter-1

This is  sad.

We last heard anything about Justin Carter two weeks ago, when he finally was released from prison after an anonymous donor covered his absurd $500,000 bail amount. Since then, nothing has changed. He’s still charged with making terrorist threats based on an obvious joke he put on Facebook. He still represents the apotheosis of the fanatic fear of guns and violence against schools in the wake of the post-Sandy Hook hysteria, cynically fed by Democrats, anti-gun zealots and the media. Carter’s plight still shows the continuing erosion of First Amendment rights in the fearful and paranoid culture nurtured by the Obama administration and turned into an offense to liberty by its natural partner, the abuse of government power. It’s just that nobody is paying attention.

The news media, which should have an interest in protecting the same amendment that (theoretically, these days) protects them, gave some fleeting coverage to the story but quickly dropped it in favor of gushing over infant foreign monarchs, finding ways to vilify George Zimmerman and making bad Weiner puns. The blogosohere has been pretty silent too, with some notable exceptions.

I am generally opposed to pointless demonstrations. My pathetic gesture to try to generate some fight in this somnolent nation as its common sense, ethical priorities and sense of justice drains away was never a threat to catch on, and didn’t. Essentially, few understand what is so wrong about what Texas is doing to Carter, and fewer still care enough to protest it. That is sad, and it also is frightening.

Nonetheless, those of us who do care should try to show it, and this was the best that I (or anyone else) could come up with. So challenge the fearful, the bullies,  the Constitutionally ignorant, the arrogant abusers of power “if it will save just one child,” and post the harmless, facetious and sarcastic statement that young Justin Carter posted for a friend, never realizing that America, or at least the part of it where he, and quite possibly you, live, doesn’t really believe in free speech anymore. Post it on your blog, on Facebook, on Twitter. Let’s see if they come for all of us, however many it is. And let’s see how many people care anymore.

August 1 Is “Quote Justin Carter On Social Media Day.”

And Justin’s words, which got him arrested, imprisoned, and soon will have him being tried for his freedom, were these:

“Oh yeah, I’m real messed up in the head. I think Ima shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them.” lol. jk.”

 

 

Ethics Quiz: Facebook’s War On Chiggers

chigger_bitesA Michael Z Williamson revealed that his post…

“I think we can be bigger than the niggardly diggers looking for reasons to be offended. Post with vigor about chiggers and riggers and giggers”

…was taken down by Facebook, which informed him that “We removed this from Facebook because it violates our Community Standards.”

In light of this, conservative blogger Charlie Martin wants to know how Facebook reconciles this action with its allowing multiple “kill George Zimmerman” pages, and even more pages with “nigger” in the title.

Your Ethics Alarms Quiz of the Day:

Is Facebook’s enforcement of its “community standards” fair, objective, and unbiased? Continue reading

If Only Justin Carter Were Black…Or Muslim…

Justin2

Maybe people would care if he looked like the President’s son, and not mine…

If Justin Carter were black or Muslim….

  • maybe the news media would take an interest in a Texas teenager being imprisoned and charged with a terrorist threat for an obvious joke on Facebook;
  • maybe progressive and civil rights organizations would question whether his prosecution was the result of an abuse of power by prosecutors, and fearful paranoia by the his community;
  • maybe pundit and commentator accusations of official bias against his race or religion would result in authorities questioning the wisdom of their actions and the cruelty of Justin’s persecution;
  • maybe professional activists and race-hucksters would use their influence to focus attention on his plight, the miscarriage of justice, and its dangerous implications for the rest of us;
  • maybe the ACLU would deem his case worthy of its intervention and support;
  • ...maybe Al Sharpton would organize demonstrations protesting law enforcement ruining the life of an innocent young man  because he was insufficient sensitive to irrational public fearfulness, instead of organizing protests against a jury’s just and unimpeachable acquittal of a defendant based on inadequate evidence to convict.
  • maybe the President of the United States would feel that his case was worthy of a lecture to the nation about the importance of free speech, and why fear of guns, violence and terrorism shouldn’t turn the U.S. into a censorious police state.

But unfortunately for Justin Carter and the First Amendment, he isn’t black or Muslim, so the serious criminal charges against him for daring to express himself remain, the news media has been silent on the case for more than a week, the ACLU ignores him, the President’s attentions and priorities remain elsewhere, and most of the public has never heard of him, or doesn’t give a damn.

Please join me in trying to get this terrible injustice noticed and rectified, and by participating in “Quote Justin Carter On Social Media Day,”

August 1, 2013.

Remember, the words that made Justin a criminal are these:

“Oh yeah, I’m real messed up in the head. I think Ima shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them.” lol. jk.”

Post them on Facebook, Twitter, Link’d In, or your own blog, and let’s see if they can arrest all of us.