Possessed Lawyer Ethics

Is it unethical for a lawyer to claim she is possessed by a client’s dead wife?

This  question has been puzzling professional responsibility experts for decades. Okay, not really. In fact, surprisingly, it just doesn’t happen all that often. But in Arizona, a lawyer is now facing suspension for claiming that she was possessed by the spirit of a client’s dead wife, then lying about it under oath. The dead wife is being accused of illegal immigration.

[OK, I made up that part, too. Sorry; couldn’t resist.]

The ABA Journal reports that the lawyer, Charna Johnson, began representing a client during his divorce proceedings. Continue reading

“Birthers”: Unethical, or Merely Deranged?

Retired Air Force Lieutenant General Thomas McInerney, a military expert who appears as an analyst on Fox News, has submitted an affidavit in support of Army Lieutenant Colonel Terrence Lakin, who is refusing to deploy to Afghanistan because of his belief that President Barack Obama was not born in the United States. Lakin faces a court-martial for his refusal. Thus has General  McInerney officially admitted to being a “birther,” one of the legion of conspiracy theorists who deny Constitutional eligibility for the White House.

From McInerney’s affidavit: Continue reading

Manny, Kanye, and the Farce of Self-Serving Apologies

Two habitual bad actors in the world of entertainment apologized this week, for similar reasons and with equivalent credibility.

First, baseball slugger Manny Ramirez issued an apology to his former team once removed, The Boston Red Sox, for forcing the team to trade him in the middle of the 2008 pennant race because Manny was faking injuries, refusing to hustle during game, assaulting employees, and poisoning team morale and discipline. “I think everything was my fault,” Ramirez said. “You’ve got to be a real man to realize when you do wrong. Hey, it was my fault, right? I’m already past that stage. I’m happy. I’m in a new team,” Manny told reporters. He was with a new team, all right: the Dodgers, his previous team, let him go to the Chicago White Sox for nothing because, well, he was faking injuries, dogging it in the field…same act, different stage. So what was the apology about?

Manny, or more likely his agent, realizes this most recent break with a team as the result of his habitually juvenile and unprofessional attitude might cost him a lot of money at contract time—Ramirez is a free agent after all. So contrition was called for—two full years after he laughed off any suggestions that he was at fault for the Boston debacle, and proved that he had been loafing on the field by playing in L.A. like he was on fire. This isn’t an apology; it’s damage control, and thus is a deceitful and dishonest apology that has nothing whatsoever to do with genuine regret. The big tip-off is that Ramirez felt he had to explain why his apology was so admirable. Yes, Manny, you have to be a real man to admit you’re wrong; a real jerk to fake an apology to fool a future employer into believing that you’ve turned over a new leaf, and real fool to believe anyone will fall for it.

Then there is rapper Kanye West. Continue reading

Ethics Dunce: Glenn Beck

No, it wasn’t a big lie, a harmful lie, or a malicious lie that Glenn Beck told at his recent rally. Beck had claimed that he held George Washington’s handwritten first Inaugural Address “in his hands” at the National Archives, but a spokeswoman at the institution denied it: they don’t allow that. After Keith Olbermann and other full-time Beck-bashers kept pressing the issue, Beck admitted that he had fabricated the story to cut through the extraneous details of the real process:

“…Yesterday I went to the National Archives, and they opened up the vault, and they put on their gloves and then they put [the document] on a tray. They wheeled it over and it’s all in this hard plastic and you’re sitting down at a table…you can’t actually touch any of the documents, these are very very rare. So … they have it in this plastic thing and they hold them right in front of you; you can’t touch them, but then you can say ‘can you turn it over,’ and then they turn it over for you and then you look at it.”

“I thought it was a little clumsy to explain it that way,” Beck told his cable audience, shrugging off the controversy. No, as lies go, it was about as harmless as it gets.

Except. Continue reading

Well, If The Washington Post Won’t Fire A Reporter For Intentionally Publishing Lies, At Least It Gets Angry At Him

Mike Wise, a Washington Post sportswriter and columnist deliberately posted a phony scoop (about Pittsburgh Steelers quarterback Ben Roethlisberger) on Twitter, as an experiment to see how widely it would be picked up. His plan, he now says, was to correct the lie with a follow-up tweet.  Due to bad luck or the intervention of the God of Journalism, however, his Twitter account froze, and what was supposed to be a near immediate correction took almost forty minutes. Several internet sites, from the Miami Herald to NBC’s ProFootballTalk, passed on the original tweet, attributing it to Wise.

Faced with a staff reporter who intentionally published a lie for no other reason than to see what would happen, the Post reacted according to its concern regarding the seriousness of his conduct—that is, deceiving those who trust him, as a member of a legitimate media organization, to report only the truth and to respect the trust of his and his paper’s readers—and suspended him for one month. Continue reading

What Was Right and Wrong With Glenn Beck’s “Restoring Honor” Rally

The pundits of the airwaves, newsprint and blogosphere have issued their assessments of the Glenn Beck rally at the Lincoln Memorial with predictable results: those who admired Beck before the rally liked it, and those who detest him ridiculed it. The New York Times, in its inimitable fashion, showed contempt for the proceedings by relegating its account to page 15, even though every past D.C. rally and march of equivalent or lesser size (especially those advocating social or political positions popular with the Times staff) received more prominent coverage. To Times columnist Frank Rich, Beck’s rally was part of a racist conspiracy hatched by billionaires—yes, Frank, sure it was. John Avlon, who long ago branded Beck as a wingnut, reasonably pointed out that it was a wee bit hypocritical for Beck to preach against divisiveness when his own cable show is one of the most polarizing, even by Fox news standards. And John Batchelor, who may be the most serious, erudite, and balanced public affairs radio talk show host in captivity, dismissed the rally as harmless and Beck as a clown:

“I think of him now and again as Quasimodo Lite, a deaf bell-ringer swinging from the Notre Dame of Fox, a man who is eager to confess his own unsightly warts—“I’ve screwed up most of my life”—and who is also heroically delighted to be our slightly stooped “Pope of Fools,” because this accidental role, in this Festival of Fools called 2010, wins the cheers of the crowd.”

Even less charitable was the Baltimore Sun’s TV critic, who accused Beck of “stealing Martin Luther King’s moral authority.” Less charitable still was MSNBC’s Chris Matthews, who seems to have been driven a little mad—or at least a little unprofessional, perhaps— by the fact that Beck had the audacity to hold his rally on the anniversary of King’s iconic “I have a dream” speech. Matthews’s hyperbole was, well, Beck-like:

“Can we imagine if King were physically here tomorrow, today, were he to reappear tomorrow on the very steps of the Lincoln Memorial? “I have a nightmare that one day a right wing talk show host will come to this spot, his people`s lips dripping with the words ‘interposition’ and ‘nullification.’ Little right wing boys and little right wing girls joining hands and singing their praise for Glenn Beck and Sarah Palin. I have a nightmare!”

Was Beck’s bash really a nightmare? Political biases aside (Chris), the question for Ethics Alarms is what was right and wrong about the “Restoring Honor” rally. Continue reading

The Bell Salary Scandal and the Victims’ Breach of Duty

In most respects, this months horror story about the incredibly corrupt officials of Bell, California doesn’t require any ethics commentary. The verdict is obvious. Robert Rizzo, Bell’s city manager, was collecting an $800,000 a year salary to run a dirt-poor town of  40,000 residents. Part-time city council members took home almost $100,000 annually, mostly by paying themselves to serve on municipal boards and commissions. Rizzo stood to collect a $600,000-a-year pension, and police chief Randy Adams, who was paid more than most big city police chiefs, had arranged for a $411,300-a-year pension. The city officials of Bell were predators, using their positions to steal money from the cities citizens. To pay for all the rich salaries and pensions, Bell’s crooked officials passed unconscionable property taxes, levied on a city population that averaged income less than $25,000 per capita . Even Charlie Rangel wouldn’t argue that this is politics as usual.

Nevertheless, this is a republic, and citizens, even citizens of small towns, have an obligation to pay attention to what their elected officials are doing. Continue reading

Ethics Quote of the Week: Alessandra Stanley

“The rule that newer shows need a break should be bent in one case: Conan O’Brien’s ill-fated stint as the host of “The Tonight Show” wasn’t the best of the year, by a long shot. His nomination for outstanding variety, music or comedy series is a little like President Obama’s Nobel Peace Prize — political, premature and meant mostly as an affront to his predecessor.”

New York Times TV critic Alessandra Stanley, properly tweaking the Emmys for nominating “The Conan O’Brien Show” for reasons that have nothing to do with its quality, which was spotty at best. Continue reading

Ethics Dunce or Hero? The Paradox of “The Amex Angel”

You probably heard the story. About three weeks ago in Manhattan,  ad executive Merrie Harris was approached by a homeless man who asked her for some spare change. Harris told the man, Jay Valentine, that she had no change, but offered to lend him her American Express Platinum Card if he would promise to return it. Valentine assured her he was trustworthy, and, incredibly, Harris gave him the card. He returned the card a short time later after a modest shipping spree that added twenty-five dollars to her bill. The New York media sang the praises of both Harris and Valentine, dubbing Harris “the Amex Angel” and calling the episode “a shining act of generosity, trust and honesty.”

I almost designated Wilson an Ethics Hero at the time, but something stopped me. I have been considering the implications of the strange story ever since. It may have been that shining act, but I’m not convinced it was even ethical. Is that possible? How can an act of generosity, trust, and kindness not be ethical?  Continue reading

Primary Ethics: Good and Bad Results for Civic Diligence

The tendency of American voters to hand over the reins of power to the sons, daughters, and wives of popular or successful leaders simply because they shared a last name, a bed or some DNA has always been an embarrassment, proof of the most unfortunate aspects of democracy when it is driven by civic laziness rather than diligence. Beneficiaries of this generations-long deficit in seriousness and responsibility include presidents (Adams, Bush); U.S. Senators (Kennedy, Gore, Clinton, Bayh,**), representatives (Kennedy, Bono, Jackson…), and governors (Bush, Bush…). Some have performed well, some not so well, but all of them were initially elected because voters knew their names, and illogically ascribed to them whatever it was that they admired about their family members, regardless of experience, qualifications, or evidence of governing skill.

In Tuesday’s primaries, voters rectified one especially egregious example of this phenomenon, and committed a new one. Continue reading