Avocations, Conflicts of Interest, and Country Joe West

Some employers are troubled by the avocations and outside activities of employees, a concern that often deserves a  defiant “none of your business” in response. However, sometimes the concern is justified, such as when the avocation adversely reflects on the individual’s reputation to the extent that it harms his or her ability to perform, or when the avocation actually interferes with the job, such as a when a recreational rugby player keeps missing work because of injuries. Another problem is when the avocation creates a conflict of interest in which conduct that may be good for the avocation undermines the job.

The latter is exemplified by Major League Umpire Joe West, who fancies himself a country music singer and songwriter when he isn’t calling balls and strikes. As nicely narrated on the blog “It’s About the Money,” West has long been the most flamboyant and combative of umps, as proven by the fact that a lot of people know his name. Umpires aren’t supposed to be stars, celebrities or personalities: if you notice a particular umpire, it is almost always because he has made a mistake.  They are important, however. Their acuity of sight and judgment are called upon many times in every game, and can make a significant difference in scores, standings, championships and careers. Like judges, they have to be trusted, and their integrity above suspicion. “The Common Man,” who wrote the blog post, believes that West’s singing career, such as it is, creates a conflict of interest that undermines that trust, and worse, warps his judgment on the field. Continue reading

“The Good Wife” Ethics Follies

“The Good Wife,” CBS’s legal drama starring Julianna Margulies, began as an unusually nuanced show of its type that presented intriguing ethical dilemmas without crossing into David Kelley’s over-the-top Legal Theater of the Absurd. Little by little, however, the show’s willingness to ignore core legal ethics principles is becoming more pronounced. “Boom,” which aired last week, continues a trend that is ominous, considering “The Good Wife” is still in its first season. After all, the lawyers in Kelley’s “The Practice” didn’t start finding severed heads and getting charged with murder until a couple of seasons in.

If you missed “Boom,” or if you didn’t but had misplaced your A.B.A. Model Rules of Professional Conduct, here are the legal ethics howlers committed by the “Good Wife’s” attorneys: Continue reading

Ethics Dunce: Florida House Rep. Janet Long

Once again, an elected official is advocating the Bizarro World ethics principle that those with the greatest conflict of interest in a matter are the only ones who have standing to decide it.  Conflicts of interest create bias and interfere with objectivity. They are to be avoided whenever possible. How then does someone like Florida House of Representatives Member Janet Long, a Democrat from Pinellas County, while debating the controversial Florida law requiring women seeking an abortion to first have an ultrasound procedure, justify demanding that male legislators “stand down if you don’t have ovaries”? Continue reading

A Blogger Asks: “Why Can’t I Date My Professor After the Grades Are In?”

Some times you have to look a little more closely to discover the underlying ethics issue.

A blog called “Dating Glory” puzzles:

“I understand that it’s not a good idea to form relationships with professors while still in the class (favoritism, etc.). But why is it such a big deal when a prof becomes involved with a student who will never be his student again? Especially if they are both single and in and around the same age? Why would this jeopardize a professors job? I like my professor (used to be professor ) a lot, and I get the feeling he likes me. He spends a lot of time talking with me in his office and he often looks at me in ways that makes me think he does like me. I want to ask him for coffee but haven’t because I’ve heard this might jeopardize his job. I don’t mind as much that he might turn me down since I’m no longer his student. But what’s the big deal anyway? Why can’t we be free to date if we both want to? Lawyers date their clients all the time.” Continue reading

Fox Nation: Fair, Balanced, Biased, and Incredibly Gullible

If you read a story like this, what would you think?

“Famed global warming activist James Schneider and a journalist friend were both found frozen to death on Saturday, about 90 miles from South Pole Station, by the pilot of a ski plane practicing emergency evacuation procedures.

One friend of Prof. Schneider told ecoEnquirer that he had been planning a trip to an ice sheet to film the devastation brought on by global warming. His wife, Linda, said that she had heard him discussing the trip with his environmental activist friends, but she assumed that he was talking about the Greenland ice sheet, a much smaller ice sheet than Antarctica.

“He kept talking about when they ‘get down to chili’, and I thought they were talking about the order in which they would consume their food supplies”, Mrs. Schneider recounted. “I had no idea they were talking about Chile, the country from which you usually fly or sail in order to reach Antarctica.”

I would think, “This has got to be a gag.” Wouldn’t you? Continue reading

Making Sure Your Shrink Has Only Your Needs in Mind

Psychiatry and psychoanalysis were supposed to transform humanity for the better by allow us to understand what makes us happy, sad and crazy and to control it, rather than to let it control us. But after a century that witnessed  Woody Allen undergoing intense treatment for decades that resulted in his marrying his step-daughter (and feeling darn good about it!), the profession is increasingly resorts to a shrug and a prescription. The good news is that many of the new drugs seem to do the job a lot better than Dr. Freud’s couch; the bad is that psychiatrists are often conflicted by their financial ties to drug companies.

Writing in the current issue of the Journal of the American Medical Association, Dr. Thomas Insel, Director of the National Institutes of Health, states that American psychiatrists need to reform a “culture of influence” that has been nurtured by too many goodies offered to doctors by pharmaceutical companies and happily accepted, including big ticket items like research grants, trips, fees for writing friendly journal articles and entertainment, and smaller trinkets like coffee mugs. Continue reading

Ethics Hero: Sen. Scott Brown

It doesn’t matter whether the Obama Administration jobs bill Sen. Brown voted for is a good bill or not. He is an Ethics Hero for not marching in lock-step according to the demands of those who voted him into office to break the Democratic so-called “filibuster-proof” majority. A U.S. Senator, any Senator, has an ethical duty to excercise independent judgment. In light of the weight of expectations placed on him by conservatives and Obama opponents in the wake of his upset victory in Massachusetts, Scott Brown’s willingness to break ranks so early in his tenure speaks well of his character. Continue reading

Obamacare Ethics: Prof. Gruber’s Conflict and Democratic Deceit

Professor John Gruber, meet Armstrong Williams. Obama Democrats, meet the Bush Republicans. The names and faces may change, but the unethical tricks remain the same. Continue reading

The Arnie Becker Rule [Updated 12/11/16]

For about 20 years, the consensus has been building in the legal profession that a lawyer sleeping with his clients is not only a bad idea, but also should be prohibited by the formal ethics rules. States like California, Oregon and New York quickly adopted such a rule while other bars resisted; when the ABA added the “no sex with clients” provision to is Model Rule 1.8 in 2003, more states followed suit. Now Virginia, one of the most respected bars in the country, is considering its first  pronouncement on the subject, in the form of a formal ethics opinion. Continue reading