Tag Archives: legal ethics

Morning Ethics Warm-Up: 8/15/2017

Gooood Morning, Ethics Alarms!

1. And the grandstanding goes on. CNN’s HLN repeatedly played the Tonight Show’s Jimmy Fallon’s undoubtedly heartfelt and gratuitous “very special episode” where he condemned racism and bigotry and saluted the victim of the vehicle attack by James Fields, saying that she was standing up for “what was right.” I’m sure she thought she was. She was, however, in a group that stood for the suppression of free speech and political views they have decided don’t deserve First Amendment protection. That is NOT “right.”

Shut up and be funny, Jimmy. You haven’t been given that show to make half-baked and ignorant political pronouncements, That’s Stephen Colbert’s job.

2. The President came out yesterday with an unequivocal condemnation of racism, bigotry, violence and white nationalism. The Times headline today notes this, but that “some say it was too late.” Of course “some” do.  And besides, says my allegedly rational liberal former Democratic Congressman staffer Facebook friend, it is obvious what he really believes. And besides, even if his statement hadn’t been too late, there were “dog whistles” in it, and his body language was suspicious.

I have to keep reminding myself that these people are ill, in the grip of a powerful mob mentality  and to “hate the sin, never the sinner,” as Clarence Darrow said (but probably didn’t believe).

3. Related: from Investor News Daily, via Instapundit:

“Obama never mentioned the anti-cop sentiment fomented by Black Lives Matter — with an assist from Obama himself — in his brief statement after five police officers were assassinated in Dallas. Obama did find room in those remarks to mention racist cops. Did anyone on the left complain?”

Wait—is it too late for Obama to condemn anti-white racism now? Continue reading

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Morning Ethics Warm-Up: 8/1/17

 

Good Morning, World!

1. Follow-Up on the 7/28 morning post: Sometimes a popular public figure’s words and conduct so obviously show a deficit of character that I wonder if those who admire him or her are not paying attention, or are creeps themselves. “Harry Potter” author J.K. Rowling is officially in this category. First, I do not care for foreigners who obsessively bash our leaders, however bashable. They don’t have standing, in most cases, and their opinions are by definition uninformed if they don’t live here. Most obnoxious of all, however, in Rowling’s case, was her indefensible conduct regarding her recent infamous fake news tweet that circulated to her mob of followers a deceptively edited video showing President Trump cruelly ignoring a boy in a wheelchair, when he in fact stopped, crouched, and spoke to the child. She did this (“When someone shows you who they are, believe them.’ – Maya Angelou” was the snotty accompanying comment) on July 28, and the same day it was widely debunked, with the actual video being circulated on the web. No response came from Rowling, even as her tweet and libel continued to be liked and retweeted by “the resistance.”

On July 30, even CNN’s Brian Stelter, with extra time on his hands because his alleged news media ethics show avoids criticizing bias in the news media, flagged the bad tweet, and asked why Rowling hadn’t retracted it. Come on, Brian, you know why! It is for the same reason CNN continues to use unethical journalism to attack the President: they don’t believe he’s worthy of fairness or honesty.

Finally,  after various conservatives dredged up this year-old tweet from Rowling to show her hypocrisy and shame her with her own chosen words…

and after left-wing, fellow Brit Trump-basher Piers Morgan expressed frustration with her, and after PunditFact, a spin-off of PolitiFact, rated Rowling’s claim “Pants on Fire,” and after the boy’s mother herself denied that Rowling’s version occurred, the author finally retracted the tweet and took it down. She also tweeted this unethical apology:

Re: my tweets about the small boy in a wheelchair whose proferred hand the president appeared to ignore in press footage, multiple sources have informed me that that was not a full or accurate representation of their interaction. I very clearly projected my own sensitivities around the issue of disabled people being overlooked or ignored onto the images I saw and if that caused any distress to that boy or his family, I apologise unreservedly. These tweets will remain, but I will delete the previous ones on the subject.

This is a miserable apology, containing the stinking tell of the non-apology apology, “if anyone was offended” in this case the equivalent “if that caused any distress.”  The two people she non-apologizes to had no reason to be “distressed,’ since the tweet wasn’t an attack on them. This is not an apology at all, since it does not apologize ..

…to the person fraudulently attacked, President Trump, as well as his family and supporters

…to those deceived by her retweeted lie, and

…to the people who trusted her and became accessories in the false attack

…for taking four days to take down a lie that had been thoroughly exposes as one.

On the Ethics Alarms Apology Scale, it is a bottom of the barrel #10:

An insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply, and to deceive his or her victims into forgiveness and trust, so they are vulnerable to future wrongdoing.

This rot is actually worse than a #10, as Rowling dares to ladle soppy virtue-signalling onto it. She only falsely attacked the President of the United States and spread a lie around the world because she is so, so sensitive and concerned about the treatment of handicapped people! Don’t you understand? It’s because she’s so compassionate and good that this happened!

It is my experience that good people can usually manage a sincere and remorseful apology to those harmed by their words or conduct.

2. This unethical lawsuit could sustain a stand-alone post, but I refuse to devote one to it as a matter of principle. Continue reading

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Morning Ethics Warm-Up: 7/29/2017

Good Morning!

1. There are several accurate and fair points in the New York Times overview of the Obamacare repeal and replace fiasco, as well as some details that all add up top one thing: the GOP, top to bottom, wasn’t prepared to follow up on the promises it was making during the campaign. To be responsible and honest, it should have had the substitute plan for the Affordable Care Act crafted, analyzed and ready before the 2016 campaign was even underway—you know, one that still dealt with pre-existing condition problem, capped mediacl negligence lawsuit awards. and took steps to lower health care cots while giving the public more choices rather than fewer and not adding to the national debt. Instead, they just used a false promise to stir up the base, like Harold Hill railing about the new pool table corrupting the youth in River City. It was a con job, in other words, all along. Incredibly, the Times reports—assuming that what it reports is true, and of that we can never be sure, remember—

“Vote yes, Republican leaders told the holdouts in their conference. We promise it will never become law. After seven years of railing against the evils of the Affordable Care Act, the party had winnowed its hopes of dismantling it down to a menu of options to appease recalcitrant lawmakers — with no more pretenses of lofty policy making, only a realpolitik plea to keep the legislation churning through the Capitol by voting to advance something, anything.”

That’s nauseating, and unethical governance and politics at its worst.

Other notes from the article

  • “A ruling party that never expected to win. A conservative base long primed to accept nothing less than a full repeal. An overpromising and often disengaged president with no command of the policy itself and little apparent interest in selling its merits to the public.”

It’s fine to face reality when you appear to be defeated. It is unethical to run for office without being as prepared to win as you would be if your were the frontrunner.

  • “Yet in private sessions…Republicans worried about being saddled with a politically toxic “Trumpcare,” with some acknowledging that their dual promises — repealing the law swiftly without pulling the rug out from Americans — could not be reconciled.”

This just occurred to them? Wasn’t this obviously a problem that could have been predicted since. oh, 2010?

  • “Senator Mitch McConnell of Kentucky, the majority leader, assembled a working group of 13 senators to draft the legislation — all of them male — excluding Ms. Murkowski and Ms. Collins.”

What a moron.

2. J.K Rowling, Harry Potter’s mommy who hates our President with a passion, sent out a re-tweet of an edited video appearing to show President Trump snubbing a child in a wheelchair. She wrote, “When someone shows you who they are, believe them.’ – Maya Angelou https://twitter.com/ansel/status/889596818383814656 …”

The tweet had gone viral, with more than 58 thousand retweets. It’s also carrying a lie. The actual, unedited video shows the President kneeling and talking to the boy. Now the tweet itself and the page of the tweeter has vanished.

Rowling has shown us that she is a foreign citizen using her influence to spread fake news in an effort to undermine our government. Someone should turn her into a newt. Continue reading

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Morning Ethics Warm-Up: 7/23/17

Good Morning!

1. Not a single comment on yesterday’s sole warm-up topic, the propriety of complimenting someone’s physical appearance or features? That’s fascinating.

2. I had to wrestle my fingers to the ground yesterday to avoid writing a full post on this editorial by the New York Times editors. I know everyone is sick of Ethics Alarms pointing out the relentless, unprofessional anti-Trump bias in the news media, because I’m sick of  writing about it. This may have been a new low, however. In the wake of Sean Spicer’s resignation as White House press secretary, the Times unleashed the equivalent of a mean playground taunt.  To read it, one would never guess that the Times had ever experienced any other press secretaries, especially President Obama’s trio of Robert Gibbs, Jay Carney and Josh Earnest , who were uniformly dishonest with disgraceful regularity. Spicer was a “four Pinocchio” spokesman? The standrad term her for Obama’s press lackies was “paid liars,” and the description was fair. Yet the Times didn’t greet the news of any of their withdrawals for the post with “Nyah nyah nyah you suck!” editorials, because the New York Times accepted that President’s lies and deceptions as designed for the greater good.

Of course, it was exactly this unethical journalistic bias that caused Spicer to adopt the attitude that most prompted the Times to attack him personally on his way out the door. He believed that journalists who don’t behave like journalists need not he respected as journalists, and he was absolutely correct in this. Indeed, no newspaper that isn’t able to discern that an editorial like the one yesterday regrading Spicer makes it look like a partisan hackery shop should be respected at all. Spicer was a really bad spokesman—inarticulate, inept, dishonest and not very bright. Nonetheless, he was trying to do a difficult job, did his best, and was no more nor less awful at it than all but a few Presidential press secretaries over the last half century or so. Only Spicer, however, was deemed deserving of such insults at the end, not even Ron Ziegler, Nixon’s complicit press secretary who looked and sounded like a half-successful laboratory clone of his boss. That is because the Times’ editorial was personal, based on emotion and anger, and an ethics alarms void.

3. This story from Canada reads like it was designed to illustrate the folly of giving government more power over our lives rather than less. Continue reading

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The Unethical Fine Print Game

I am on record as believing that lawyers who intentionally assist their clients in burying unconscionable, unenforceable or unfair terms in standard contracts, usually in fine print, are unethical, and engaging in a professional violation of the Rules of Professional Conduct. I’ve offered several seminar hypotheticals on the topic to make my point, and have never encountered a lawyer who had a good defense for the practice. Usually the best they can come up with is “everybody does it” or “but it’s legal!” Of course, the bar associations are on their side, not mine, because, well, everybody does it. That’s a proverbial can of worms the bar associations don’t have the guts or integrity to open. What else could it be but unethical, however, when a client company says, “Make sure you bury this provision saying that they have no recourse if we cheat them in the fine print!” and the lawyer says, “But that’s unenforceable!” and the client says, “Yeah, but they won’t read it before signing, and when we point out that they did agree to it, maybe it will scare them off,”  and the lawyer shrugs and says, “Whatever you say! It’s your contract”?

WiFi companies are especially egregious in this regard. As an effort to show itself as above the field and avoiding the unethical industry practice, a British WiFi company, Purple, ran  a social science experiment, inserting language in its standard contract that obligated consumers to clean toilets at festivals and clear sewer blockages.  22,000 people signed up anyway. The contract stated–in fine print—that its signatories would be legally required to perform 1000 hours of community service, including, but not limited to, “cleaning toilets at festivals, scraping chewing gum off the streets” and “manually relieving sewer blockages.”

The gag clause was inserted in the company’s terms and conditions for a period of two weeks, “to illustrate the lack of consumer awareness of what they are signing up to when they access free WiFi .” Purple also offered a prize to anyone who actually read the terms and conditions, and found the “community service clause.” Only one person won it. Continue reading

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KABOOM! A Head-Explodingly Unethical Lawyer!

I have never heard of a lawyer behaving this unethically in such a reckless and transparent manner. I have never heard of anything close to this.

Michael Potere, 32, a recently fired former associate at the large law firm Dentons was arrested last week on charges of trying to extort $210,000 and a valuable artwork from the firm, according to a criminal complaint filed in federal court.

According to his profile on LinkedIn, Potere had a Fulbright Scholarship,  a master’s degree in public policy and administration from the London School of Economics., and had been an associate at renowned law firm Kirkland & Ellis. Something was amiss, however, as Dentons let him go on June 1. Potere did not take this blow well. He reacted by telling partners that he had taken potentially  embarrassing sensitive information from the firm and would leak it all to the legal gossip site “Above the Law” unless he was paid $210,000 and given  a valuable  piece of artwork owned by the firm.

Potere was able to steal the confidential information because a partner gave him  access to his email login information while they were working on a case in 2015, so the associate could access documents related to discovery requests in the case. After he learned that he was being fired, Potere used that login to search through the partner’s emails and download the sensitive documents, including emails between partners, quarterly financial reports, client lists, confidential reviews of associate attorneys, lists of equity partner candidates, documents describing billing rates, details of recruitment efforts, and memos describing how partners should approach clients with outstanding balances” according to the FBI. Continue reading

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Salon Asks: “When Is A Leak Ethical?” NEVER. That’s When.

Ethically challenged left-wing website Salon somehow found an ethically challenged law professor, Cassandra Burke Robertson, to justify the leaks in the Trump Administration. Robertson,  despite being a Distinguished Research Scholar and the Director of the Center for Professional Ethics at Case Western Reserve Law School, advocates unethical and sanctionable conduct in a jaw-dropping post, “When is a leak ethical?

Here, professor, I’ll fix your misleading and dishonest article for you: It’s NEVER ethical to leak.

Never.

She begins by noting “I am a scholar of legal ethics who has studied ethical decision-making in the political sphere.” Wow, that’s amazing….since she apparently is hopelessly confused about both, or just pandering to Salon’s pro-“resistance” readers.

Robertson writes:

“Undoubtedly, leaking classified information violates the law. For some individuals, such as lawyers, leaking unclassified but still confidential information may also violate the rules of professional conduct.”

1. It is always unethical to break the law, unless one is engaging in civil disobedience and willing to accept the consequences of that legal breach. By definition, leakers do not do this, but act anonymously. Thus leakers of classified information, lawyers or not, are always unethical, as well as criminal.

2. Lawyers may not reveal confidences of their clients, except in specified circumstances.  Here is D.C. ‘s rule (my bolding): Continue reading

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