friendship

A Missing Dollar, a Jackpot, and Seven Lousy Friends (UPDATED)

/ Jack Marshall / 6 Comments

Gordon Gekko was full of it. Greed isn’t good, and the Hacienda Hills Country Club lottery ticket affair proves it. It is also an example of when the legal resolution of a controversy is very complicated, but the ethical verdict is a cinch.

For nine years, 72 year-old Jeanette French was part of the group of retirement community residents and employees at the Villages’ Hacienda Hills Country Club that pooled money each week to buy Florida lottery tickets, each putting in a dollar. She didn’t make it to the Golf Shop where the group met one lottery day, but that French didn’t think that was a problem: the established practice was that another member of the group would put in a dollar for the missing member, who would pay him or her back the next day. The day that Jeannette had other commitments, her group bought what turned out to be the winning ticket, to the tune of $16 million in the Florida lottery.

Yippee! Jeanette’s seven good friends, however, now argue that she has no right to a share of the winnings, because nobody put in that dollar for her. Continue reading →

Unethical Lawsuit Files: The Golfer and the Diner

/ Jack Marshall / 13 Comments

The tort system  evolved to ensure that those injured by the recklessness, maliciousness or negligence of others can enlist the courts and juries to help them be made whole. It presumes, but, sadly, does not require, a measure of fairness, proportion, personal responsibility, forbearance, prudence, empathy, and common sense, as well as a lack of greed.

Two recent lawsuits, involving a golfer and a diner, illustrate how an otherwise good system can be used unethically.

First, the Diner: Continue reading →

The Ethics Of Using A Facebook Mole

/ Jack Marshall / 9 Comments

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 →

Ethics Trainwreck in Kermit, Texas

/ Jack Marshall / 4 Comments

In the tiny west Texas town of Kermit, just north of Mexico, an ethics train wreck is underway that may have long-term consequences far beyond the Lone Star State.

Anne Mitchell, a nurse with an impeccable record, became disturbed at the conduct of a physician at the Winkler County hospital where she worked. After unsuccessfully attempting to get hospital administrators to deal with what she believed was a matter of patient endangerment, she sent an anonymous complaint to the Texas Medical Board. This was a classic whistle-blower situation, protected by law and encouraged by the ethics code governing nurses. Unless she trumped up her accusations for a personal vendetta, she did exactly what the medical profession says she has an obligation to do, a responsible act of medical system self-policing that all too few nurses are willing to follow. Continue reading →

“The Ethicist” Strikes Out Again

/ Jack Marshall / 4 Comments

I’ll make a deal with Randy Cohen,”The Ethicist” of The New York Times Magazine: I’ll stop criticizing his column when he stops justifying dishonesty. Lately, Cohen has not only been advising his correspondents to avoid telling the truth but headlining the questions where he does so.

Lie proud, Randy!

This week’s endorsement of forked tongues surrounded the sensitive issue of designating a guardian for one’s child. Parents had asked their good friends, another married couple, if they would agree to care for their daughter in the event that the parents perished while she was a child. After the couple enthusiastically agreed, the parents learned that their friends were not sufficiently responsible with their finances, and liked to “live large.” They no longer trust the couple with their daughter’s welfare, and want to re-assign the responsibility of being emergency guardians to relatives. This will require the parents to change their wills.

Their question to “The Ethicist”: Do they have to tell their friends? Continue reading →

The Titanic Principle and the Ethics of Helping the Desperate

/ Jack Marshall / 12 Comments

A disturbing aspect of the Titanic disaster was that most of the lifeboats refused to pick up survivors in the water, the boat leaders fearing that the desperate swimmers would swamp the boats. I look on this sad incident as illustrating the problem of helping people in desperate need. How much risk and hardship should a potential rescuer be ready and willing to endure? Continue reading →