Tag Archives: integrity

That Settles It, If It Wasn’t Obvious Already: Lisa Bloom Is An Unethical Hack (But I Could Be Wrong…)

Now, don’t sue me, Lisa! Remember what it says in the “About” section (above), this is all just my opinion. When I say you are a stunningly unethical lawyer, that’s just my analysis; it’s true I know something about legal ethics, teaching and consulting on it full time, but I can’t assert my opinion as fact. I can’t read your mind or slog through your soul. I don’t know what a bar disciplinary committee would decide, though I know this is a famously gray area in legal ethics, so unethical conduct is unlikely to be punished.  And when I say you’re a hack, remember that “hack” isn’t a description subject to objective proof, any more than, say, “asshole.” Perhaps your definition of “hack’ is different from mine. In fact, I’m sure it is.

That said, your conduct is a professional disgrace. I think. Who knows? I may be wrong.

In an interview with BuzzFeed News published this weekend, Bloom, speaking of her recently terminated representation of Harvey Weinstein, said

“I can see that my just being associated with this was a mistake. All I can say is, from my perspective, I thought, ‘Here is my chance to get to the root of the problem from the inside. I am usually on the outside throwing stones. Here is my chance to be in the inside and to get a guy to handle this thing in a different way.’ I thought that would be a positive thing, but clearly it did not go over at all.”

Bloom added that she will no longer represent men accused of sexual misconduct, “even those who convincingly tell me they are innocent….I will just make the best choices I can out of every situation. I have clearly not been successful. I think anybody who does big bold things fails. And I definitely failed on this one.”

What Bloom has failed at is called “being a trustworthy and competent lawyer.”

The next day, during an appearance on Good Morning America, Bloom even more explicitly threw her former client under the metaphorical bus:

“It’s gross, yeah,” Bloom told GMA. “I’m working with a guy who has behaved badly over the years, who is genuinely remorseful, who says, you know, ‘I have caused a lot of pain.’”

Did Bloom actually graduate from law school, or did she just apprentice in her mother’s office (she is Gloria Allred’s daughter) and somehow get an honorary license? Did she never learn about the a lawyer’s duties of loyalty and confidentiality? She obviously didn’t know about conflicts of interest, since she represented Weinstein while agreeing to let him turn her book into a TV miniseries.

Ethics Alarms has previously criticized lawyers who have publicly undermined their former clients. The most recent example  was last year, when a former Trump lawyer used his experiences while representing the future Presidential candidate decades earlier to write a scathing mid-campaign attack on his former client in the Huffington Post. I wrote,

There is strong disagreement in the profession about whether the answer to “Is this unethical?” should be an outright yes. The status of loyalty among the legal ethics values hierarchy is as hotly contested now as it ever has been. If a lawyer wants to attack a former client in a matter unrelated to the representation and no confidences are revealed in the process, is that a legal ethics breach? If it is, it would be a very tough one to prosecute. I think it’s a general ethics breach, as in wrong and unprofessional. It is disloyal, and clients should be able to trust their lawyers not to come back years later, after a client let the lawyer see all of his or her warts, and say, “This guy’s an asshole.” It undermines the strength of the public’s trust in the profession.

Continue reading

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Ethics Dunce: The NAACP. A Really Bad One…

The NAACP, once a heroic and invaluable champion of civil rights, has apparently completed its devolution into a hyper-partisan, race-baiting collection of venal, divisive  hacks. It has been said that every cause inevitably becomes a racket, and the NAACP is now a prime and tragic example.

How do we know this? We know this because the organization has called the decision (finally) by Dallas Cowboys owner Jerry Jones to command his player to stick to what they are paid for—football and only football—when they are on the playing field, and to stand for the National Anthem “a public commitment by an NFL owner to violate his players’ Constitutional right to free speech.”

This is more than merely ignorant, though if genuine the statement would be unforgivably ignorant for a civil rights organization: a civil rights organization that doesn’t know what civil rights are and what the Bill of Rights means is useless as well as without credibility.

That, however, is impossible. The NAACP has lawyers; their lawyers aren’t idiots. They know that the First Amendment has no relevance or connection to the silly NFL players’ kneeling stunt during the National Anthem. The lawyers had to have informed the NAACP leadership of this, as if that was necessary, which it almost certainly was not. The leadership has to know better than to make this junior high school level civics mistake. No, in this case the NAACP is lying. It is deliberately misinforming the people who depend on it to lead on civil rights, and who trust the organization to be able to support its position with facts and law. It is doing this to inflame passions and worsen the racial divide. What other reason could there be? Continue reading

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Ethics Quiz: Branding Ethics And The Weinstein Scandal [Updated]

I’m lounging in Richmond’s wonderful Jefferson Hotel, watching the hilarious and despicable parade of actors, actresses and Democrats—Hillary, the Obamas–rushing to condemn Harvey Weinstein now that his use to them is probably ended, and they see safety in numbers. Many of their statements—I was just listening to Mira Sorvino—mouth the same platitudes about how “this is no longer conduct that can be tolerated”—pssst: It was never tolerable behavior; your industry and colleagues just tolerated it anyway—and how it is essential that such sexual predators be stopped—pssst again: why didnt YOU do anything to stop it?– while saluting the courage of victims who come forward, without any adequate explanation in many cases of why they, or others, didn’t come forward for years and even decades while  other actresses were victimized and even raped. (The alleged rape total is now up to three.)

Angelina Jolie said today that she was harassed by Weinstein a decade ago, decided not to work with him, and “warned other actresses she knew not to do so as well.” This dovetails nicely with another harassed non-reporting actress’s tale, that of Gwyneth Paltrow—years late, of course, that she was attacked by Weinstein, and her boy friend at the time, Brad Pitt, confronted him. Presumably Pitt also later  knew about Jolie’s experience,being married to her and all. Brad Pitt was afraid to expose Harvey Weinstein? Sorry, I don’t believe it. I don’t believe George Clooney’s statement either, or long-time stars like Glenn Close. I also don’t understand Paltrow, whose father was himself an influencial producer. Her father wasn’t willing to stop Weinstein? Why not?

[CORRECTION: an earlier version of the post conflated Sorvino with Paltrow. Thanks to Spartan for the alert.]

This was a conspiracy of silence, abetted by Weinstein’s wallet. As long as he was a useful ally to ambitious actresses willing to exchange their ethical duties as citizens and human beings for parts and pay-offs, and liberal politicians employing wilful ignorance to keep money flowing to their campaigns and causes, Weinstein had a free pass to molest and abuse, and knew that he had a free pass.

The posturing by so many powerful people who could have made Weinstein a pariah at any time—but just not during the current campaign at the time, or while the latest promising Miramax project was being produced—is nauseating.  Even if one excuses the struggling starlet—and I don’t, not when she’s struggling and afraid, and definitely not years later, when she knows what happened to her is still going on but she’s now a Hollywood power herself—there is no way to excuse the community. This isn’t sort of like inner cities that have a “no snitch” culture that allows crime, drugs and murder to rot everything while innocent victims are terrorized, it is exactly like them. Victims still have ethical duties as citizens and human beings. Of course it’s hard. If being ethical was easy, we wouldn’t have to keep talking about it.

Of course, the most complicit of all may have been Harvey Weinstein’s business partners, including his brother. There is no reasonable possibility that some, most, or all of them didn’t know that their meal-ticket was a sick, sexual predator. Certainly Weinstein’s brother, now running The Weinstein Company. Now I read in the Wall Street Journal before me that the company is planning on rebranding, taking the Weinstein name off of the company. The idea is that after a few successes and maybe some convenient amnesia,  people will begin trusting the company again. Hey, let’s call it “Trust Entertainment”! (That’s my idea, not theirs.)

Your Ethics Alarms Ethics Quiz of the Day:

Is this ethical? Continue reading

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Morning Ethics Warm-Up, October 10, 2017: Post-Columbus Day Edition

Good Morning.

1 The rhetoric against celebrating Columbus Day is at bottom an attack on American values and the nation itself,  making the case that the culture should bask in eternal guilt and shame for the crime of existing. It has always been thus: I heard the counter-Columbus claims when I was a kid and living in Boston, where you can’t throw a spitball without hitting an Italian or a Catholic. Then, however, there were sufficient numbers of responsible elected officials who put those ignorant and warped arguments in their place—the trash. Now, the path of least resistance reigns.

We celebrate Columbus because he brought European culture and civilization to the New World, making our nation possible. He was the butterfly flapping his wings in the Amazon, in Chaos terms: without Columbus, everything might be different. One thing that would not be different, however, is that the stone age cultures that lived in the Americas would not have prevailed, thrived and survived. Blaming Chis for the inevitable destruction of primitive cultures when more advanced and ambitious ones arrived, as they were going to with or without Columbus, is scapegoating of the worst kind.

We also celebrate Columbus because of the good and important things his first voyage symbolizes: mankind’s constant search for knowledge; the bravery of explorers; the visionary who dares to challenge conventional wisdom.

We have not, so far at least, renamed Martin Luther King Day as Victims of Adultery Day. Columbus was a man of his time, working for a brutal regime. He did many things that were wrong even by the standards of the time. Irrelevant. He opened the door  from the Old World to the New, and made the United States of America possible.

That’s worth celebrating.

2. Robert E. Lee  High School in San Antonio wins some kind of weasel award for responding to pressure to de-honor that racist slave-owner Robert E. Lee by renaming it LEE High School, with LEE being an acronym meaning Legacy of Educational Excellence High School. Pretty impressive, that: managing to be cowardly, irresponsible, and deceitful, all at once. Capitulating to the Left’s statue-toppling, historical airbrushing mania is wrong; doing so while not really doing it is worse. Keep recognizing the General, or don’t.

Who wants people like this teaching their children?

3.  ESPN  didn’t think it was necessary to suspend  anchor Jemele Hill  for tweeting that the President of the United States was a white supremacist, but when she dared to suggest that advertisers boycott NFL teams that forbade the kneeling stunt currently killing NFL  fan loyalty, ratings, ticket sales and popularity, that really crossed some lines. The network suspended Weeks after she expressed outrage at the ownership of the Dallas Cowboys and Miami Dolphins for making a “No-knee” policy for its players.

“Jemele Hill has been suspended for two weeks for a second violation of our social media guidelines,” ESPN said in a statement. “In the aftermath all employees were reminded of how individual tweets may reflect negatively on ESPN and that such actions would have consequences. Hence this decision.”

Ethics Alarms is on record as holding that Hill should have been disciplined for the anti-Trump tweet, but I sympathize with her here. She had every reason to believe that she had received special dispensation to air her progressive, resistance, Black Lives Matter advocacy using her ESPN visibility as a platform, especially after Disney’s CEO admitted that she hadn’t been disciplined because she was black.

ESPN’s standards are as incoherent as the cause of the kneeling players. They send mixed signals to employees and viewers, satisfying no one, and creating a chaotic culture undermining their own business, which is, remember, covering sports. Continue reading

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Here We Go Again: Harvey Weinstein, Lisa Bloom And The Thing About Lawyer Ethics That The Public And The News Media Just Cannot Seem To Grasp

LawNewz writes, and in so doing wins a Legal Ethics Dunce so easily that I’m not even going to bother,

Feminist attorney Lisa Bloom, who has represented dozens of women against accused sexual harassers like Donald Trump and Bill O’Reilly, is now representing an alleged sexual harasser. In, quite frankly, a shocking move, Bloom agreed to give her “advising” services to film studio executive Harvey Weinstein, who is accused of harassing women over a thirty-year timespan. Immediately, many in the legal world wondered what would motivate such a principled women’s rights advocate to represent a man facing such sordid accusations.

Weird! I have the strangest feeling I have been here before…it’s Ethics Alarms déjà vu!

No, I have been here before, and if you’ve read the blog regularly, so have you, like here, for example, when the post was called,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or here, when I defended Hillary Clinton….yes, you read that right…when she was being called a hypocrite for once defending not only a child rapist, but a guilty child rapist.  Then there was this post, when liberal icon Larry Tribe was representing a coal company. Bloom, Tribe, Estrich and Hillary all have the same defense, not that lawyers should need a defense for being lawyers.

Let’s see…I think I’ll quote myself from the Hillary piece this time… Continue reading

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Comment Of The Day: “Morning Ethics Warm-Up, 10/3/2017: In the Wake Of Las Vegas…”

Michael R. has been a stand-out commenter at Ethics Alarms since the blog’s inception. He also has been missing in action for more than a year. Thus it was a pleasure not only to see him back on the field of ethics battle, but arriving with a Comment of the Day. Michael takes off from the discussion of the national reaction to Stephen Paddock’s puzzling rampage to examine the state of trust in our society. Here is his Comment of the Day on the post, Morning Ethics Warm-Up, 10/3/2017: In the Wake Of Las Vegas…

I think the worst part of the aftermath of this tragedy is I don’t know who to trust. Should I trust reporting on this event that comes from CBS after their vice president announced on social media that she had no sympathy for the victims because many were Republicans? When President Obama tweeted “A violent felon can buy the exact same weapon over the internet with no background check, no questions asked.” — @POTUS #StopGunViolence”, the media fact-checked this and stated it was ‘mostly true’, so should I trust any of them? What news outlet can I trust to give me a truthful account of what happened?

Should I trust the FBI? James Hodgkinson was a member of numerous anti-Republican newsgroups (like “Terminate the Republican Party”), believed Donald Trump was president because of Russian collusion, took photos of the baseball field after the New York Times published an article on where and when the Congressmen would practice as well as the fact that there would be little security, traveled to the D.C. area and was living out of his van right next to the baseball field for days before the attack, Googled “2017 Republican Convention” hours before the attack, and asked “Is this the Republican or Democratic team?” before firing on the Republican Congressmen. This man shot up a bunch of Congressmen and what did the FBI say about all this? They said that Hodgkinson “…had no target in mind” when he shot them, that they didn’t know who he planned on targeting, and that he may have just “happened upon” the baseball game and “spontaneously” started shooting. Should I trust the FBI on this one? All the information at the beginning of this paragraph was from the FBI and the latter part is the conclusion they drew from the info. The FBI also said they didn’t wiretap Trump Tower, then admitted that they did…at least twice. Continue reading

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Morning Ethics Warm-Up, 10/1/2017: Puerto Rico, Baseball Ethics, And Good Riddance To Hugh Hefner

Gooood Morning October!

1 And with October comes the wonderful post-season of that all-American sports that does not leave its athletes with brain disease, that requires some erudition and an attention span longer than a terrier puppy’s to appreciate, and that does not subject its fans to incoherent political theater as part of the price of watching a game. Yes, “it’s baseball, Ray.”

Yesterday the Boston Red Sox finally clinched the America League East title, the first time in over a century that this perverse team has won a championship in consecutive years. In other words, nothing can spoil my mood today.

There are a couple of baseball ethics notes, too:

  • In Miami, Giancarlo Stanton has one last game to hit his 60th home run, which would make him the sixth major league to reach that mark in baseball history. Two of the six, Babe Ruth, whose 60 homers in 1927 stood as the season record for 34 years, and Roger Maris, the Yankee who broke the record with 61 in something of a fluke season, reached the mark fairly. The other three, Mark McGwire, Sammy Sosa, and Barry Bonds, were steroid cheats. Ever since Stanton caught fire after the All-Star break and looked for a while as if he would exceed 61, wags have been saying that he would become the “real” record holder, since the totals of Mark, Sammy and Barry ( 73, the current record, in 2001) shouldn’t count. Of course they should count. They have to count. The games were official, the runs counted, the homers are reflected in the statistics of the pitchers, the teams, and records of the sport. Bonds should have been suspended before he broke any records, but baseball blew it. Saying his homers (and Sosa’s, and McGwire’s) don’t count is like arguing that Samuel J. Tilden, Al Gore and Hillary Clinton were elected President.

Integrity exists in layers, and the ultimate integrity is accepting reality. The 1919 Reds won the World Series, fixed or not. O.J. is innocent in the eyes of the law, and Roger Maris no longer holds baseball single season home run record.

  • In Kansas City, manager Ned Yost did something gracious, generous, and strange. The Royals, a small market team that won two championships with a core of home grown, low-visibility stars, now face losing all or most of them to big free agent contracts that the team simply cannot afford. Fans are often bitter about such venal exits, and teams usually fan the flames of resentment: better that the market be angry at the players than the organization. After Red Sox fan favorite Johnny Damon, a popular symbol of the 2004 World Series winning club, left for greener pastures in the New York Yankees outfield, he was jeered every time he came to bat in Fenway Park for the rest of his career.

But Ned Yost, who will be left with a shell of his team and a new bunch of kids to manage in KC next year, was not going to let the players who made him a winner depart amidst anger and recriminations. During yesterday’s 4-3 victory in front of the home crowd at Kauffman Stadium, Yost engineered an emotional curtain call for all four of the players who were probably playing their last games as Royals.

He pulled them from the game, one by one, all while the team was in the field or the player on the bases, so each could get a long standing ovation: Eric Hosmer in the moments before the fifth inning; Mike Moustakas with one out in the sixth. Lorenzo Cain for a pinch runner. Alcides Escobar in the middle of the seventh.

Nice.

And none of them took a knee on the way out…

2. I have been researching to find any objective reports that support the claim that the federal government and FEMA are not doing their best to help Puerto Rico. There aren’t any. There are plenty of videos of the devastation, but even the New York Times, which is the head cheerleader for anti-Trump porn, has only been able to muster headlines about the relief effort being criticized. All of my Facebook friends writing—it’s really dumb, everybody—about how Trump is uncaring as they signal their virtue by telling us how their hearts go out to the residents of the island literally know nothing about the relief efforts. They don’t know anything about the planning, the logistics, the problems or what is feasible. Nonetheless, they think they have standing to say that it is incompetent, or slow (which means, slower than it has to be), or, and  anyone who says this better not say it to me, based on racism. Their assertions arise out of pure partisan bias, bolstered by convenient ignorance.

Vox’s Matt Yglesias, one of the knee-jerk doctrinaire leftists in the commentary world who does an especially poor job hiding his malady,  attempted to take a shot at the Trump administration by tweeting,

“The US government supplied Berlin for nearly a year by air despite a Soviet blockade using late-1940s technology.”

This is only a valid comparison for the willfully obtuse. You can’t airlift electricity and water, or a communication and transportation infrastructure that is necessary to distribute supplies. Berlin was surrounded, but it had all of these. Continue reading

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