I Expect Non-Lawyers And Journalists To Misunderstand This Basic Legal Ethics Principle….But HARVARD LAW SCHOOL?

Kaboom.

This is a repeat issue, so I could make this short and link to the previous Ethics Alarms post on this annoying subject, or  here, when I defended Hillary Clinton when she was being called a hypocrite for once defending  a child rapist, or maybe the post titled,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or this post, when liberal icon and former Harvard Law professor Larry Tribe was representing a coal company. I have vowed, however, that if I accomplish nothing else with this blog, I will do my best to put a stake through the ignorant and destructive idea that lawyers only represent clients they agree with, admire, or personally support. Here its is again, the ABA rule that is quoted somewhere in every jurisdiction’s attorney conduct regulations. Let’s do it really big this time:

ABA Model Rule 1.2(b): “A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

Got that? Memorize it Print it out and carry it in your wallet, and hand it to your ignorant loud-mouth family member who complains about those scum-bag lawyers who represent bad people. Post it on social media and  in online comment sections where people are bloviating about the same. idiotic misconception.

What we can do about Harvard, however, I just don’t know. You know what they say, “Get woke, lose all respect and credibility as a trustworthy advocate for civil rights and the Rule of Law.” Okay, I’m going to have to work on that… Continue reading

Sunday Ethics Warm-Up, 10/7/18, Part II: Fake Satire, Fake Racism, Fake Harvard

Good Morning AGAIN!

My OTHER favorite hymn when I’m feeling blue..

3. If I were the producer of Saturday Night Live…I would strongly push the show to do what satirical shows are supposed to do: make fun of everyone. It is just good business, as well as comedic integrity: make everyone watch to see who gets skewered.  But no: despite the over-abundance of potential and indeed near mandatory targets of parody and mockery, SNL took sides—the same one it has been taking now, virtually exclusively, for years. There was no Spartacus sketch, despite the preening of the absurd Cory Booker, and a skit that virtually writes itself. Lindsay Graham was cruelly mocked, but not Kirsten Gillibrand, nor Diane Feinstein. Ah, but Senator Susan Collins, who made a brave, clear, invaluable speech about her choice–women get choices, I hear—to buck the #MeToo bullies and lynch mobs and confirm Brett Kavanaugh, was mocked for THAT last night, aan portrayed as weak dupe. Yet despite the mannered, baby-talking, confused presentation by Blasey-Ford, whom I would deem a satirist’s dream, the show’s writers didn’t have the guts to touch her.

4. Speaking of jokes…Georgetown prof C. Christine Fair, who the college thinks can be trusted to be neutral and fair to white men in her classroom despite her racist and violent tweets, had an explanation after her Twitter account was suspended. She had written, you will recall,

“Look at [this] chorus of entitled white men. All of them deserve miserable deaths while feminists laugh as they take their last gasps. Bonus: we castrate their corpses and feed them to swine? Yes.”

Come on! Don’t you get the joke? She was kidding! Fair told the Washington Post, whose reporter didn’t have the integrity to respond, “How stupid do you think I am?”…

“Maybe this was not my most eloquent attempt,” Fair said. “And I will certainly concede I was attempting to make people feel uncomfortable,” but  “this idea I’m somehow calling for actual violence is preposterous.”

Gee, why can’t white supremacists and racists excuse their “jokes” the same way?

The Post’s writer, however, completely accepts Fair’s alibi, and impugns anyone who took offense at it as “extreme right wing.”  Read the article.

Nah, there’s no mainstream media bias! Continue reading

Rationalization Pop Quiz: What Do Barry Bonds And Elizabeth Warren Have In Common?

I wonder how many strategy sessions it took for the supporters and enablers of Senator Elizabeth Warren (D-Mass) to come up with their latest defense of her ongoing lie that she is part Cherokee? We know it’s a lie now—a deliberate misrepresentation designed to deceive—because the Bay State crypto-socialist has refused the obvious resolution of taking a DNA ancestry test….again. You know she’s taken at least one, and maybe more. Being able to wave scientific proof that she had Native  American ancestors after all the “Fauxahontas” jibes would be a political bonanza for Warren, and solve her most daunting public relations problem outside of my home state, the Land of Michael Curley, where corruption, lies and letting young women drown don’t put a dent in your popularity or vote totals, for some reason. Sure, Warren took the test. She probably took another one just in case it was wrong….and she still doesn’t have the integrity or courage to admit her lie.

And that, now and forever, is why her Cherokee fantasy matters. It shows that Warren lies, and lacks integrity. It shows that she was willing to use a falsehood to gain traction in university employment competitions where gender, race and minority status often made all the difference….even if it meant that a real minority candidate failed because of her subterfuge.

Yet those strategy sessions yielded this defense on Warren’s behalf: according to an investigation by the Boston Globe, Warren’s fake Cherokee claim wasn’t a factor in her hiring by Harvard Law School:

The Globe examined hundreds of documents, many of them never before available, and reached out to all 52 of the law professors who are still living and were eligible to be in that Pound Hall room at Harvard Law School. Some are Warren’s allies. Others are not. Thirty-one agreed to talk to the Globe — including the law professor who was, at the time, in charge of recruiting minority faculty. Most said they were unaware of her claims to Native American heritage and all but one of the 31 said those claims were not discussed as part of her hire. One professor told the Globe he is unsure whether her heritage came up, but is certain that, if it did, it had no bearing on his vote on Warren’s appointment.

Perhaps the editors and journalists at the Globe never heard of moral luck, but I bet at least some of those law professors comprehend the concept. Whether or not Warren’s deliberate lie and misrepresentation of her ancestry actually was a factor in her hiring at Harvard was pure chance, and occurred after Warren had embraced a false identity. Once she did that, the consequences were out of her control. Her lie doesn’t become less unethical because it didn’t have any effect after the fact of it. A lot of people have trouble grasping this basic ethical concept, but it isn’t that hard. A person who drops a bowling ball from a bridge onto an express way is just as irresponsible and reckless if the ball misses every thing as he would be if the ball caused a ten car pile-up and the death of ten. He’s just as bad either way, and the rest is all luck. The same is true of Warren’s affirmative action-courting lie. Continue reading

Ethics Quiz: “The Stickering”

More than a dozen handmade stickers reading “It’s okay to be white” were posted around overnight in Harvard Square earlier as well as around the nearby Harvard Law School campus.

Law School Dean of Students Marcia L. Sells, who is black, wrote an email to law students in the wake of what Stephen King might call “The Stickering”:

“It seems likely that these anonymous postings, made in the middle of the night, were provocations intended to divide us from one another HLS will not let that happen here. We live, work, teach, and learn together in a community that is stronger, better, and deeper because of our diversity and because we encourage open, respectful, and constructive discourse”

Your Ethics Alarms Ethics Quiz of the Dayand watch your step!—is…

Do you think posting the stickers was unethical? Do you think the Dean’s response was responsible?

Continue reading

Now THESE Are Unethical University Administrators…

Harvard_ShieldHarvard University police say that an investigation revealed that former Harvard Law School administrators Meg DeMarco, 33, and Darris Saylors, 32, stole about $110,000  from a university account that exists to  to assist  students with disabilities. 

 

The investigation commenced in November 2013 when a new budget manager at the law school noticed some accounting discrepancies.  DeMarco and Saylors then resigned from their positions at the Dean of Students office. The ensuing inquiry revealed that the two had taken money out of the  fund to  buy dozens of laptops, iPads, iPods and other electronics, which police traced to  DeMarco’s home and Saylors’ apartment, but also to the homes of Saylors’ friends and family in California, Washington and Tennessee.  DeMarco used a mobile card reader to deposit school money directly into her banking account. In addition to the electronics, Saylors used Amazon to buy purses, clothing, jewelry, and even sex toys.

The Law School announced that “As a result of this matter, the Law School implemented additional layers of controls governing the use of its credit accounts and purchasing protocols.”

What a good idea! Continue reading

Fairness To Incompetent Lawyers?

To be fair, Tamara can blame the fact that she thinks this is a good law  suit on her cognitive problems..

To be fair, Tamara can blame the fact that she thinks this is a valid law suit on her cognitive problems…

Why this story didn’t make my head explode, thus rating the KABOOM! label, is a mystery. My theory is that the truly idiotic and ignorant exclamations on Facebook by my usually rational friends about guns in the wake of the Orlando terrorist attack have gradually strengthened my skull’s tolerance to internal pressure.

Once again, I have encountered a news story that required me to check and see if it was a hoax.

Tamara Wyche is a 2013 Harvard Law School graduate who is suing the New York State Board of Law Examiners. She claims she twice failed the bar exam because it refused to provide the same kind of testing accommodations that the law school did for her in her exams there, in recognition of her various cognitive problems. The fact that she flunked while being forced to take the exam under the same rules as everyone else resulted in the large Boston law firm Ropes & Gray terminating her employment. You can read her complaint here.

I confess that I didn’t read all of it: I didn’t want to press my luck with the old cranium.

The 29-year-old Wyche says she was diagnosed with depression and anxiety as a first-year law student at Harvard, and also  suffered several head injuries (?) that resulted in permanent memory problems and cognitive issues, requiring her to take several leaves of absence from her studies. She finally earned her law degree in 2013 thanks to Harvard granting her several doctor-recommended accommodations, including 50% extra time on tests, a separate testing room, and extra break time. She also was exempt from being called on in class, because of a propensity for anxiety and panic attacks.

Allow me to cut to the chase for a second, again in the interest of my dangerously bubbling brains, and perhaps yours. Continue reading

The Astounding Apology of Anti-Semitic Harvard Law Student Husam El-Coolaq

husam_linkedin_photo

At Harvard Law School, an event in the Program on Negotiation, sponsored by the Jewish Law Students Association and Harvard Hillel and titled “The Israeli-Palestinian Conflict & the U.S” consisted of an exchange of ideas between former Israeli Foreign Minister Tzipi Livni and American diplomat Dennis Ross.

Husam El-Qoulaq, a law student in the audience asked this:

My question for Tzipi Livni is, how is it that you are so smelly? It’s regarding your odor — about the odor of Tzipi Livni, very smelly.

How professional, civil, respectful and representative of the image that the nation’s most prestigious law school wishes to present to the world!

Harvard Law’s Jewish community reacted with indignation at this brazen display of anti-Semitism, while Harvard’s Law School Dean Martha Minow issued an official statement that the incident…

“…was offensive and it violated the trust and respect we expect in our community. Many perceive it as anti-Semitic, and no one would see it as appropriate. It was an embarrassment to this institution and an assault upon the values we seek to uphold. The fact that speech is and should be free does not mean that hateful remarks should go unacknowledged or unanswered in a community dedicated to thoughtful discussion of complex issues and questions.”

Husam El-Qoulaq then posted this astounding “apology”: Continue reading