BREAKING NEWS! Blago’s An Unethical Lawyer, Too!

A librarian at Northwestern University found confidential attorney-client files in eighteen boxes of files belonging to Rod Blagojevich. The librarian purchased them at in an auction held by a moving and storage company that sold Blagojevich’s stored possessions after he stiffed the company on his storage bills. The files date from the ex-Illinois governor and current criminal defendant’s days as a prosecutor. Even though Blago no longer practices law (his bar status is inactive), his duty to protect prior client confidences is sacred and perpetual. The relevant Illinois Rule, 1.6, says:

(a) Except when required under Rule 1.6(b) or permitted under Rule 1.6(c), a lawyer shall not, during or after termination of the professional relationship with the client, use or reveal a confidence or secret of the client known to the lawyer unless the client consents after disclosure.

That means that leaving boxes of former client secrets statements, records and confidences in boxes stored in a facility where you’re not paying your bills is recklessly risking the privacy of those documents, and making it possible for them to fall into untrustworthy hands—not that Rod Blagojevich meets the minimal level of trustworthiness either.

Blago told the AP that he had no idea what was in the boxes. Wrong answer: he has a duty to know where his client files are and that they are secure. He also said that he didn’t know he was in arrears at the storage facility. Also wrong: staying current with the bills was his responsibility as part of his duty to protect his clients’ confidences.

That a man who ignored his duty to the public, and tried to use his power to appoint a U.S. Senator for personal gain, was also cavalier with his ethical duties to former clients should come as no surprise.  People who are unethical in one job are likely to be unethical in others.  And Rod…well, I think it’s fair to say that Rod Blagojevich is likely to be unethical no matter what he does, including eating and sleeping.

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

Obligation or Charity: Retired Baseball Player Pensions and Fairness

It is an old ethical problem: what is “fair”?  If you help someone, are you obligated to help everyone? Does charity have to be consistent to be fair? Does a potential beneficiary of generosity have a right to demand it? It is obviously good for those who are fortunate and successful to share the benefits of their success with the unfortunate and less successful, but is it unethical if they choose not to?

These are some of the ethics issues being raised in a controversy launched by the major league baseball veterans, now retired, who played  between 1947-1979. In those days, when free agency was just beginning and top players made six-figure salaries rather than seven or eight as they do now, a player needed four full years of  time on a big league roster to qualify for  medical benefits and an annuity. In 1980, however, new rules put in place by the Major League Baseball Players Association  granted health insurance benefits to those with just one day of service, and a pension after merely six weeks. The new benefits were not retroactive. Continue reading

Politics, Ethics, and the Idiot Problem

Kim Lehman, who is one of Iowa’s two national Republican Committee members, responded to Politico’s report last week about the large and, oddly, increasing number of Americans who believe that President Obama is a Muslim, with this tweet:

“@politico You’re funny. They must pay you a lot to protect Obama. BTW, he personally told the muslims that he is a muslim. Read his lips.

When Lehman was asked by the Des Moines Register what speech she was referring to, she cited an Obama speech in Cairo last summer in which he reached out to Muslims “to seek a new beginning.” In that speech, Obama made no comment about being Muslim. In fact, he said he was a  a Christian, saying,

“…Now part of this conviction is rooted in my own experience. I’m a Christian, but my father came from a Kenyan family that includes generations of Muslims. As a boy, I spent several years in Indonesia and heard the call of the azaan at the break of dawn and at the fall of dusk. As a young man, I worked in Chicago communities where many found dignity and peace in their Muslim faith. As a student of history, I also know civilization’s debt to Islam.”

Never mind that, Lehman said; the speech still “just had the appearance that he was aligning himself with the Muslims.” Continue reading

Summer Rerun: “Ending the Bi-Partisan Effort to Destroy Trust in America”

[TV is full of reruns these days, and sometimes I am grateful for them, for it gives me a chance to see episodes of favorite shows I had missed for some reason or another. Back in early March, I posted the following essay about the origins of America’s current crisis of trust in our government, and how it might be cured by our elected leaders. Since then, the crisis has deepened, and as I was doing some routine site maintenance, I reread the post. It is still very timely (unfortunately), and since far fewer people were visiting Ethics Alarms in March, I decided to re-post it today, with just a few minor edits. I promise not to make this a habit. Still, trust is the reason why ethics is so important in America: if there is a single post of the more than 700 I have written here since October 2009  that I would like people to read, this is it.] Continue reading

“Hyping,” Reporting, Responsiblility, and Race

On Aug. 6 in Washington, D.C., a violent brawl broke out among  70  people, most of them teenaged or close to it, at the Gallery Place Metro Station.  There were arrests, and several people landed in the hospital. Pitched battle in the usually staid D.C. subways are not daily occurrences, yet the Washington Post apparently found itself short-handed, faint of heart, or both: its initial and follow-up stories on the event had little information. What started the fight? What happened? Who were the combatants? How long did it last? Continue reading

Proposed Rule: Unethical Politicians Have To Be Dumb, Too

Smart unethical politicians can do a lot of harm; it may be years or decades until the public catches on to them, if ever. But unethical politicians who are not so bright do everyone a favor. They don’t know how to cover their misconduct; they often don’t even realize it is misconduct. With luck, they flag both their lack of ethics and their shortage of gray matter while they are running for office.

Take Bessemer, Alabama  Councilwoman Dorothy Davidson, who is running for mayor of the city. Continue reading

Dr. Laura Schlesinger, Ethics Chicken

Dr. Laura Schlesinger turned tail and ran last night, telling CNN host Larry King that she was quitting her radio show in response to the manufactured controversy following her repeated use of the word “nigger” to quote (with complete accuracy) what could be heard from black comics on HBO. “I want to be able to say what’s on my mind and in my heart and what I think is helpful and useful without somebody getting angry, some special interest group deciding this is the time to silence a voice of dissent and attack affiliates, attack sponsors.” she told Larry. “I’m sort of done with that.” Continue reading

Why We No Longer Trust Our Government, Reason #759: North Carolina’s Unethical Tax Stall

Every time Gallup  does a poll to find out who the public thinks is ethical and unethical, one result always comes out the same. Over 95% of those polled will say that most ethical person they know is…themselves. I used to make fun of this result in my seminars as a classic example of self-delusion. The used-car dealer really thinks he is the most ethical person he knows? Tom Delay and Charlie Rangel really think that they are the most ethical people they know? I don’t believe it.

But I recently had an epiphany. People don’t really think they are the most ethical. What we do think is that each of us is the one person  that we most trust. Not our spouses, not our parents, not our employers, not our elected officials…no matter how virtuous they may be, the person whom we know, with absolute certainty, won’t betray us  is our self. That is an especially American attitude, embodying self-reliance, autonomy, and independence, and I was wrong not to misread it. Those who deride us for not trusting the government to solve our problems are wrong not to recognize it too, particularly when the attitude is being reinforced by stories like this one, from North Carolina.

The North Carolina Department of Revenue is reviewing  230,000 unresolved tax returns going back to 1994, including cases in which taxpayers overpaid and are owed money by the state. The state, however, has rigged the rules to make it less likely that the refunds are ever made. Continue reading

A Commercial for Liars: Tide..with Acti-lift!

Yes, Procter and Gamble, makers of Tide laundry detergent, thinks lying is cute, and that Americans will run out and buy a product advertised as useful for assisting lies.

And who knows? Maybe they’re right. We certainly wouldn’t expect a corporation or an ad agency to see anything wrong with lying, since it is business as usual for them. They probably don’t even realize such messages are corrupting.

The new TV ad for Tide and its new “Acti-Lift” secret ingredient (It’s called “Closet Raid”; you can see it here…) shows the heart-warming saga of a teenage girl who trustingly asks her mom whether she borrowed a favorite green blouse. Continue reading