legal ethics

It’s Comforting To Know That Yale Is Educating Future Lawyers As Incompetently As Harvard, I Guess

/ Jack Marshall / 7 Comments

Actually, it’s terrifying.

A core function of lawyers in our society is to give everyone equal access to the law irrespective of their believes, interests, or motives. Without them, the public and all of its entities, institutions and organizations become slaves and victims of laws rather than beneficiaries of them, with an elite and corrupted professions using their knowledge and skills to distort democracy rather than protect it.

The relentless ideological corruption of academia is slowly but surely corrupting the professions it is trusted to train, with lawyers being a striking example. Now law students are increasingly taught that their interests, not their clients, should be the focus of their passions, and those interests have been dictated by progressive and leftist agendas, with the aim of transforning a profession designed to be equally accessible to all into a tool of dominance by one side of the political spectrum over the others.

This developments is the reason ethics alarms must sound over the students of both Yale and Harvard Law Schools condemning a major law firm’s choice of clients. They are trying to build a national law student boycott of Paul, Weiss, Rifkind, Wharton & Garrison until the firm drops  ExxonMobil as a client. Climate change, you know. As we increasingly see, the environmentalist cult is being used to justify weakening democratic institutions and principles.

A pledge is circulating declaring that top students will no longer interview for summer associate positions or work at the firm until Paul, Weiss, and of course there will be other firms, no longer represent the oil and gas giant, and, inevitably, other energy companies.  Providing Exxon with competent representation in a series of climate change lawsuits makes firms complicit in the planet’s destruction. Thus the legal system must be rigged against them.

The last sentence is my fair and accurate translation of the objective behind the pledge, which reads, Continue reading →

Saturday Ethics Warm-Up, 2/8/2020: “Procrastinating To Delay Writing About Another Debate” Edition [CORRECTED]

/ Jack Marshall / 7 Comments

Good morning.

Way, way too much ethics-related politics this past week. I keep getting complaints about all the political content, and it annoys me too, but I don’t know what kind of alternatives I have. Back in the sane days, the idea of a House Speaker planning on tearing up the official copy of the State of the Union speech would have been the stuff of Saturday Night Live…when SNL would make fun of Democrats, anyway. I’m trying to keep the politics to a minimum. I swear.

1.  The Astros cheating scandal, cont. Would you wonder about this answer? A.J. Hinch, the ex-Houston Astros manager who was fired and suspended by Major League Baseball for allowing an illegal sign-stealing scheme to be used by his players for the entire 2017 World Champion Astros season, finally sat down for an interview.   When he was asked whether Houston players had utilized buzzers in their uniforms to receive signsduring the 2019 season as some have claimed based on inconclusive evidence and rumors, Hinch only would answer, “The Commissioner’s Office did as thorough of an investigation as anyone could imagine was possible.”

Why not “No”? That was what reporters term a “non-denial denial.”

2. If they advised her to run her sick child through the washing machine and he drowned,  would that be their fault too? The death of a four-year-old boy named Najee is being blamed on an anti-vaxx Facebook group.

The boy had been diagnosed with the flu and the doctor had  prescribed Tamiflu. His mother sought advice from the Facebook group “Stop Mandatory Vaccination” on how to treat her son’s’ illness. The members told her to give the boy vitamins, botanicals, zinc, fruits and vegetables, and to skip the medicine.

“Ok perfect I’ll try that,” she responded. Later that night, Najee had a seizure and died. Continue reading →

Did Trump’s Impeachment Lawyer Lie To The Senate?

/ Jack Marshall / 12 Comments

Pat Cipollone, one of President Trump’s lawyer,  stated  that Republicans weren’t allowed to participate in House depositions. This wasn’t true: 47 Republicans who served on the appropriate committees had the right to attend these depositions, and many did attend. Naturally the “Get all Trump allies’ resistance mob regards this an intentional lie, and is demanding that Cipellone be disciplined for professional misconduct.

Wrong.

Writes legal ethics expert Stacie  Rosenzweig, “This is almost certainly a lie rather than a misstatement or misapprehension; I can’t imagine a scenario in which a lawyer with a three-decade career and a reputation for being “well-prepared and even-keeled” would simply not know that.” Her logic is exactly upside down: a lawyer that experienced would not deliberately utter a lie in such a high profile forum where it would certainly be noticed, undermining his credibility to no good end.  Sure enough, the factcheckers were on his misstatement like a shot.

The lawyer probably made a mistake, contrary to Rosenweig’s unjustfied certitude.This may have occurred because the false claim that the GOP was shut out of the depositions was a frequent right-wing talking point, and he didn’t check it. The assertion was at best tangential to his argument; I guarantee that no bar association would discipline any lawyer by using the argument, “You’re too good and experienced to make a stupid mistake.” Good and experienced lawyers made mistakes, sometimes astonishing ones.
Continue reading →

Sunday Ethics Warm-Up, 2/2/2020: The “Let’s Not Watch The CTE Bowl And Think About Ethics Instead” Edition

/ Jack Marshall / 20 Comments

Good Afternoon!

I almost managed to ignore football completely this season, and I’m proud of it.  There were few rogue kneelers in the NFL this year, and the New England Patriots, my hometown role models for the Houston Astros, finally bit the dust. Meanwhile, there was little new on the CTE front, not any more is needed to prove that cheering young men in the process of destroying their brains for a handful of well-compensated seasons as football heroes is immoral and unethical.  I did recently watch the Netflix documentary, “The Killer Inside,” about Aaron Hernandez, the Patriots star who murdered a friend and perhaps two others. I didn’t know that after his suicide in prison, it was found that Hernandez suffered from CTE, and that  his brain was one of the most damaged scientists have ever seen.  The documentary also says that the New England Patriots coaching staff saw signs that he was deteriorating and becoming unstable, as well as using drugs, and they made no effort to intervene. After all, he was playing well, and the team was winning.

That’s pro football. To hell with it.

1. “The Chop.” I have written about this perpetually silly issue a lot, and recently, but the New York Times, being the Official Paper of the Woke, has felt it necessary to publish three pieces this week on the the so called “Kansas City Chop,” the tomahawk motion used by Kansas City Chiefs fans (The Chiefs are in the Super Bowl, you know) when cheering on their team. The chop is most identified with the Atlanta Braves (How satisfying it was to watch Jane Fonda dutifully chopping along with then husband Ted Turner when the  Braves finally made the world Series in 1991!), but Chiefs fans started copying Braves fans. It is, of course, intended to rally the team, has nothing whatsoever to do with any kind of commentary on Native Americans, those who pretend to be seriously unsettled by what fans of an NFL team do to show their affection for their team are either faking or need psychiatric care. But here’s CNN:
 Continue reading →

#MeToo Ethics: Prosecuting To Stigmatize The Accused

/ Jack Marshall / 16 Comments

It’s not just the impeachment..apparently prosecutors are beginning to adopt the Democratic Party’s theory that it is appropriate to force a trial when there is no chance at conviction just to stigmatize the accused. This is a clear breach of prosecutor ethics, but ethics schmethics, the ends justify the means, right?

The area in which this despicable strategy is surfacing is—and this should be no surprise—the realm of #Me Too. In Maine,  Natasha Irving , who is the top prosecutor for Knox, Lincoln, Sagadahoc and Waldo counties,  wants to reform how the legal system prosecutes sexual assault cases, believing all women so those who come forward know they’ll be “supported.” This means, according to  Irving, that prosecutors shouldn’t decline to prosecute a sexual assault case just because they “think it’s too hard to prove.”

“Individually, I think that response is very damaging to a survivor,” she says. “If they weren’t believed initially, they don’t have faith that they’re going to be believed if they come forward again. Or that they somehow will be put on trial for what happened instead of the perpetrator. There’s a lot of shame and blame that the victims often carry.”

Yes, that’s a problem. A greater problem is prosecutors bring cases to trial when the don’t have enough evidence to prove the defendant guilty. Then they are just counting on an incompetent jury, which isn’t that much of a longshot. The attitude Irving is endorsing is how black men end up in prison for murders they didn’t commit. Continue reading →

Morning Ethics Warm-Up, 1/29/2020: Dogs, Mike Bloomberg, Joe Biden, D.C., Jimmy Kimmel, Threatening Deplorables And Restricting Rights

/ Jack Marshall / 25 Comments

Well, dogs are good, anyway…

1. Stop making  dogs defend Mike Bloomberg!…Is there anything too trivial that people won’t use to attack politicians? A CBS News video began circulating online yesterday afternoon showing Michael Bloomberg shaking hands with a man in Burlington, Vermont, then taking his dog’s upper jaw  in his hand and “shaking” the dog’s  snout  He then scratched the dog’s ears. The social media mob called him a dog abuser.

Morons. That’s a move that most dogs enjoy, as well as someone grasping their whole muzzle. It shows Bloomberg is comfortable with and knowledgeable about dogs. I used to do both moves with our 165 pound English Mastiff, and our Jack Russells.

2.  I know this is of interest to almost nobody who isn’t a lawyer, but trust me, it’s a big deal. The District of Columbia has long been the only U.S. jurisdiction that allows law firms to have non-lawyer partners, a structure prevented everywhere else by the general prohibition on lawyers sharing their fees with non-lawyers. When D.C. adopted its revolutionary approach, it assumed that the states would soon follow, with the American Bar Association’s assent. Because that hasn’t happened, a state-licensed lawyer with a D.C. license participating in a legal firm in D.C. could technically be found to  be violating that state’s ethics rules , though the District has negotiated a truce in that potential controversy.

Meanwhile, those special law firms with non-lawyer members are proliferating like legal rabbits. Now  a Jan. 23 press release tells the world that the District of Columbia Bar is taking comments regarding proposed changes to its ethics rules that could allow external ownership of law firms, as well as blended businesses in which lawyers and non-lawyers provide both legal and nonlegal services, like accounting. Or massages–who knows? Right now, law firms by definition can only practice law.

Perhaps even more significantly, California, Utah and Arizona are also studying changes that would relax ethics rules barring non-lawyers from holding a financial interest in law firms. Continue reading →

Sunday Ethics Warm-Up, 1/26/2020: A Legal Ethics Lesson From Ted Cruz, A Ridiculous Apology From Dallas Keuchel, Res Ipsa Loquitur From George Stephanopoulos, And The AUC’s Character Con

/ Jack Marshall / 12 Comments

I need a little blood-stirring today, and my father’s favorite hymn always does the trick…

You know, character is my business, and my record is visible, public extensive and undeniable regarding the position that leaders, and especially U.S. Presidents, should have exemplary character—not just average character, but outstanding. It is exceedingly dangerous to our culture in the short and long term to have a leader whose ethical values are obviously lacking. I say obviously, because leadership is substantially symbolic as well as substantive: a President who has a seriously flawed character does minimal harm if he 1) knows how the govern and lead and 2) is skilled at playing a leader of exemplary character, despite sociopathic tendencies, or worse.

However, as importunate as character is, the evident lack of it is not justification for impeachment or removing a President between elections. The false, opposite claim is essentially the basis of the entire three year coup attempt by the Axis of Unethical Conduct (Democrats, the “resistance” and the news media). That is why so much of the “case for impeachment” are really ad hominem attacks on the President’s presumed motives, personality and alleged beliefs, none of which are remotely relevant to impeachment. It is the duty of educated experts not driven by bias, as well as the news media (which is now incapable of doing it’s job, which is informing rather than confusing the public) to explain that impeaching a President for having an objectionable character (according to his critics) is an incompetent, illegal and destructive act. Yet this—he’s a liar, he’s a racist, he’s an idiot, he’s a sexist, he’s corrupt, etc., etc, and so on-–is the guarantee default retort when anyone correctly points out to the Trump-Deranged that the Democrats and the resistance have no evidence of impeachable offenses at all. This is also why the polling shows so many people want the impeachment to succeed; not because they have a clue about the limitations on the the act of impeachment, but because they interpret the question as, “Don’t you wish we had a President who wasn’t such an asshole?”

Maureen Dowd, the Times whatsit columnists who is half political commentator and half-Joan Rivers, thoroughly disgraced herself yesterday by writing,

“You don’t realize how important character is in the highest office in the land until you don’t have it,” Schiff said. But the more impressive the Democrats’ case is, the more depressing the reality becomes. They want to convince themselves that character matters. But many Americans knew they were voting for a thug. They wanted a thug who would bust up Washington, and they got one.

The Democrats are relying on facts, but the Republicans are relying on Fox.

No, Maureen (are you a dolt or a brazen liar?), the Democrats are relying on facts that have nothing to do with impeachment. Character matters (although during the entire two terms of Bill Clinton  the Democrats argued it didn’t), but it doesn’t matter in an impeachment trial. Acts matter in an impeachment trial. The Constitution matters. Precedent matters. Our institutions matter.

It is the mark of how incompetent and irresponsible the President’s critics are than the impeachment debate is being argued at this base level of civic and ethics ignorance.

1. Nah, there’s no mainstream media bias… Continue reading →

Was Mike Fiers Right To Blow The Whistle On The Astros’ Sign-Stealing Scheme? Pedro Martinez Has A Nuanced Ethics Answer

/ Jack Marshall / 3 Comments

Martinez (L) and Fiers (R)

Last week I posted about ESPN baseball color commentator Jessica Mendoza earning her Ethics Dunce stripes for essentially calling Mike Fiers, the Oakland A’s pitcher who revealed to reporters that his former team, the 2017 Astros, had cheated their way to a  World Series title, a snitch. She said in part,

“When I first heard about it, it hits you like any teammate would. It’s something that you don’t do. I totally get telling your future teammates, helping them win, letting people know. But to go public with it and call them out and start all of this, it’s hard to swallow.”

Now Hall of Fame great Pedro Martinez , intrepid as ever, has weighed in with a verdict on Fiers that counters the accepted narrative that Fiers is a role model. Pedro also faults Fiers, but not for the reason Mendoza does. Pedro Martinez, fascinatingly enough, evaluates the problem by regarding a baseball team member as having similar relationship to his team mates as a lawyer does to a client.

That is not as much of a stretch as it might seem at first glance. Professions like that of lawyers is based on trust, and so is the relationship between team mates in sports (as well as partners in police cars, members of  military units, a manager and a personal assistant, and other close working relationships). The analogy is useful and apt.

Pedro opined (in an interview with radio WEEI in Boston, which broadcasts Red Sox games):

“If he was to do it when he was playing for the Houston Astros I would say Mike Fiers has guts. But to go and do it after you leave the Houston Astros because they don’t have you anymore, that doesn’t show me anything…You’re just a bad teammate. …

Now everybody knows you are going to have a whistle-blower in any other situation too [if Fiers is on your team.]. Whatever happens in the clubhouse stays in the clubhouse and Fiers broke the rules. I agree with cleaning up the game. I agree that the fact that the Commissioner is taking a hard hand on this….

BUT!

“If you have integrity you find ways to tell everybody in the clubhouse, ‘Hey, we might get in trouble for this. I don’t want to be part of this.’ You call your GM. You tell him. Or you call anybody you can or MLB or someone and say, ‘I don’t want to be part of this.’ Or you tell the team, ‘Get me out of here, I don’t want to be part of this.’ Then you show me something. But if you leave Houston and most likely you didn’t agree with Houston when you left and then you go and drop the entire team under the bus I don’t trust you. I won’t trust you because did have that rule.”

Continue reading →

Saturday Ethics Warm-Up, 1/11/2020: Epstein And Facebook And Barr, Oh My!

/ Jack Marshall / 5 Comments

It’s Thaturday!

Time, once again, to salute the courage of Karen Carpenter’s much less talented brother Richard, who nonetheless had the courage to offer, as his only notable solo offering for the Carpenters, a song that highlighted his speech impediment. Why did he do this? We’ll never know.

And yes, I have “The Wizard of Oz” on the brain. It was so much better when that wonderful movie was only on TV once  a year: then it was special. Now, especially over the holidays (and what it has to do with Christmas, I don’t know) I had to repeatedly change channels to avoid it. Well, after Judy sang “Over the Rainbow, anyway…

1. Is it really so unreasonable and a “right wing conspiracy theory” to wonder about how Jeffrey Epstein, who could have implicated such powerful people as Bill Clinton and Prince Andrew in criminal activities, ended up dead in his cell?

The latest forehead-slapping development: The video  made outside of Jeffrey Epstein’s Manhattan jail cell when during his failed suicide attempt seemed to be missing, and even possibly destroyed. The jailhouse video turned up, however, muting suspicions about whether Epstein’s successful  suicide at the Metropolitan Correctional Center wasn’t something more sinister.  Prosecutors confirmed that the video had been saved. This week, however,  prosecutors revealed that the jail staff  had preserved video from the wrong jail cell, and the Epstein footage no longer existed.

Meanwhile, two guards who were on duty when  Epstein killed himself are being charged with falsifying records and conspiracy. The guards surfed the internet and dozed instead of checking on the prisoner every half-hour, as they were required to do.

Conspiracy or not, this is epic incompetence, and rather convenient incompetence at that. Hanlon’s Razor, however, applies. I guess.

My only other observation is that government efficiency and job performance is obviously so reliable that I don’t know why Bernie Sanders isn’t running away with the Democratic nomination race. Of course we should put government employees in charge of our lives. It’s a no-brainer. Continue reading →

The Last Ethics Warm-Up of 2019…And I Finally Figured Out How To Get Ethics Alarms Links On Facebook

/ Jack Marshall / 9 Comments

Ethical New Year!

1. Boy, am I slow. You can link to an Ethics Alarms article by using the Twitter link that every post has. This link works on Facebook, where EA has been banned with no explanation: I just tested it. So an interested reader clicks on that link, and is taken to a tweet that contains the Ethics Alarms link.

From now on, all posts will include the Twitter link to the post at the end.

2. Don Imus. The infamous “I-man,” Don Imus, died last week. He was one more example of the inherently unfair standard that shadows “shock jocks,” who are paid to be improvisational, outrageous, irreverent, and brave, but if they make one miscalculation and go too far (and what “too far” is changes quickly), their careers can end overnight. So it was that Imus and his on-air acolytes made demeaning and racially inflammatory comments mocking a college women’s basketball team, and Imus never recovered. That was even before social media mobs had reached their current strength. Imus was on AM radio and simulcast on TV; no shock jocks dare to do his act under such conditions now.  They wouldn’t last a week. From his Times obituary: Continue reading →