Online Review Ethics: Yelp And The Law Firm

"...and so do our own employees!"

“…and so do our own employees!”

Is it professional misconduct for members of a law firm or the non-lawyer assistants for which they are responsible to post fake reviews of their work to a consumer website? I would argue that could be: it is almost certainly deceptive advertising, which is prohibited to a greater or lesser degree in all state ethics codes, and it is dishonest and misleading communications of the sort that has drawn discipline for some attorneys in other circumstances. Whether or not such a slimy, if common practice (at least among other professions, like wrtiting) is sufficient to raise “a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects” will be determined by lawyers themselves, and you would be amazed at what many of them  don’t consider sufficient to do this. I am admittedly extreme on this issue: I don’t think lawyers should lie, and take a dimmer version of even harmless deception than most in my field. This is profession that depends on trust, and the more someone lies—I don’t care about what—the less trustworthy they are.

These issues arise because the online consumer site Yelp appears to have caught employees of the law firm The MacMillan Group posting fake positive reviews about itself, on behalf of fictional clients. Continue reading

When The Incompetent Meet The Corrupt: The U.S. Postal Service vs Lance Armstrong

Left to right: Lance Armstrong's lawyers, the U.S. Postal Service, Lance.

Left to right: Lance Armstrong’s lawyers, the U.S. Postal Service, Lance.

The U.S. Postal Service, virtually insolvent and incapable of doing anything about it, wasted $31 million in 2000 on a four-year contract sponsoring Lance Armstrong and his cycling team. Why? Search me. Still, it was , the Service says, paying to endorse champions, not cheaters, which is what Armstrong and his team were. Now Postal Service is joining a false claims lawsuit, claiming that Armstrong and the team defrauded the government and violated their sponsorship contract by using performance-enhancing drugs. The Postal Service filed the suit shortly after Armstrong finally admitted that what had been alleged for over a decade, what he had denied and sued over and attacked and protested and postured indignantly in pained and defiant terms was, in fact true. He had used illegal and banned substances and methods on the way to his epic success, hero status and world fame.

Armstrong is also a crook, taking millions from the Post Office and other sponsors who believed he was a real champion rather than a phony one. It would be nice, inspiring even, if just one lying, cheating miscreant voluntarily returned the millions he acquired through dishonest means, rather than using those millions to hire super-lawyers to allow him to keep the ill-gotten gains. Lance, however, bottom of the ethics barrel-scum feeder that he is, would not be my most likely candidate for such a noble display. Indeed, he is living up to my low expectations. Continue reading

The Drunk, the Bar and the Missing ID

I’ve been considering starting a continuing category for unethical law suits, but what interests me about this story is that it coincides with a sudden flurry of new comments on the Shannon Stone post. That concerned the man who fell to his death at a Texas Rangers game last summer after lunging to catch a foul ball for his son. My post argued that when someone does something unequivocally reckless and foolish that leads to his injury and death,  it may be legally advantageous to sue third parties for not anticipating the situation and providing prophylactic safety measures, but is unethical to do so.

It was not one of my more popular posts.

This story, from South Carolina, raises a similar issue. Paraplegic Chelsea Hess is suing Jock’s Sports Grill  because the bartender failed to check her ID and didn’t determine whether she was already intoxicated when, at the age of 20 (in 2009), she drank, drove, and crashed her car, causing her current condition. Hess is also suing the state Department of Transportation, saying the agency failed to properly maintain the shoulder of the road where her car crashed. Continue reading

Unethical Lawsuit Blame Games: The Eric Johnson Murder-Suicide

...I'm just going to blame you.

This is the kind of case that should never be brought to trial. It isn’t frivolous: I can see the theory of damages prevailing before a jury. It is just an unethical lawsuit. It is the kind of suit that attempts to exploit sympathy for the victims of a tragedy by using the court system to shift some of the burden from those victims to an innocent party. The strategy can work; it often does, in fact. It neatly uses human nature and the power of rationalization to reach a result that feels like justice, but is really the opposite.  This time, fortunately, the strategy failed.

Beth Johnson filed a wrongful-death lawsuit after her estranged husband Eric flew a private plane into her mother’s house, killing himself and their 8-year-old daughter, the only passenger. The suit against Eric’s flight instructor as well as the commissioners of Lawrence County (Indiana) and the county board of aviation commissioners alleged that they negligently allowed Eric, a student pilot, to fly solo. Continue reading

Trust Isn’t a Game

DON'T DO IT!!!!

Shawn Bomgardner, an MBA student at Seattle University, has sued the school and the training firm Teams and Leaders Inc. for making him participate in a required leadership class that included various “trust exercises.” In one of them, he was told to submit to a “trust-fall” from bleachers into the arms of his classmates.

They didn’t catch him. He hit his head on the ground, hard, and now has permanent brain damage.

The injuries forced Shawn to drop out of school and quit his job as an auditor for Costco.  Bomgardner’s wife has had to take time off work to “undertake additional responsibilities as a result of Shawn’s continued deficits, persistent depressive symptoms and diminished cognitive functioning,” the law suit says, adding that  “Shawn’s injuries have caused loss of enjoyment of life and have impacted his relationship with Becky and his daughter. While Shawn’s symptoms have improved over time, he continues to experience the effects of his injuries,” according to the complaint.”

Maybe this tragedy will have one good result: stopping idiotic seminar and retreat trust exercises, especially the “trust-fall.”

Trust isn’t a game. Trust is earned. That’s all there is to it. Putting one’s health and welfare into the hands, literally, of someone you barely know and who is not trained or certified to do what an exercise requires is madness, and any organization that suggests, forces or requires such symbolic but meaningless nonsense should be run right out of business.

It is true: trust is an absolute necessity for any functioning and healthy society, organization or team. Trust, however, cannot exist in a vacuum. It must be supported by experience, competence, dedication, mutual caring, loyalty and good will.

As someone who has refused to partake in trust exercises more than once, I feel terrible about what happened to Shawn Bomgardner. He was the victim of charlatans who taught that something as vital and complex as trust could be taught with stunts and parlor tricks.

Irresponsible School, Cowardly Teacher, Betrayed Students: the Palm Beach Classroom Attack Incident

Donald Charbonneau, a teacher at a Palm Beach, Florida middle school, watched as one of his students, a 13-year-old boy, Adrian Thompson, attacked classmate Joshua Poole, who was sitting at his desk. Thompson hit Poole several times, and threw him to the floor. Rather than intervening is the fight, Charbonneau left the room to get assistance. Poole says he now suffers from headaches and blurred vision from the prolonged attack, which was longer that it would have been had the teacher stopped the fight.

The school district released a statement explaining that the teacher was following a school policy dictating that staff can only intervene after undergoing “special training” on how to properly deal with such incidents.

Got it.

The policy is an irresponsible legal risk-reduction maneuver that places students at risk and turns teachers into spineless, equally irresponsible weenies. Continue reading

Unethical Lawsuit Files: The Golfer and the Diner

The tort system  evolved to ensure that those injured by the recklessness, maliciousness or negligence of others can enlist the courts and juries to help them be made whole. It presumes, but, sadly, does not require, a measure of fairness, proportion, personal responsibility, forbearance, prudence, empathy, and common sense, as well as a lack of greed.

Two recent lawsuits, involving a golfer and a diner, illustrate how an otherwise good system can be used unethically.

First, the Diner: Continue reading