legal ethics

Me, Wrestling With Bias, And Losing

/ Jack Marshall / 6 Comments

A large part of being ethical involves being aware of your biases and minimizing their impact on your conduct. As I recently was reminded, this sounds easier than it is in practice.

Searching yesterday for an Ethics Alarms topic, I came across an interesting, if not earth-shaking, issue of legal ethics that had obvious applications to other professions. Tracking down the source of the story, I discovered that the original idea was posted by a lawyer-blogger who in the past has gone out of his way to denigrate me professionally and personally on the web. He has also insulted me directly. Outside of that, though, he is by all accounts a terrific lawyer, an astute commentator on the legal profession, and, I’m sure, the salt of the earth.

Still, I don’t feel like sending readers to his site. Not only did the guy, unfairly, set out to harm me professionally, but he probably would do so again. I have no reason to do something that benefits him, nor is there any reason for me to try to curry favor with him: he owes me an apology, and I know I am never getting it.

I could link to one of the blogs and websites that picked up and elaborated on his post, but that would be unfair: I try to link to the originator of a useful ethical discussion as a matter of fairness and recognition. Continue reading →

The Great Norwalk Kindergarten Heist

/ Jack Marshall / 8 Comments

The Tanya McDonald controversy

A homeless woman is facing 20 years in prison if she is convicted of stealing over $15,000 of Norwalk, Conn. taxpayer funds. The details of her crime are controversial: she lied about her residence to get her child into what she believed was a better school system, but one that, as non-resident, she was not entitled to use. The details also create a tangled mess of law, justice, ethics, fairness, compassion, public policy, finances, class and education.

Let’s try to unravel it, shall we? Continue reading →

Legal Ethics Train Wreck on “The Good Wife”

/ Jack Marshall / 2 Comments

Oh, Alicia, Alicia...what have they done to you?

The CBS legal drama “The Good Wife” continues to show the seamy side of big firm legal practice, with heroine Alicia Florrick’s firm, Lockhart, Gardner and Bond, its adversaries, and even Good Alicia herself violating legal ethics rules with abandon, and at an accelerating rate, based on recent episodes. There is nothing wrong with this as entertainment, as long as the Rules themselves are not being misrepresented (they aren’t), the misconduct isn’t being presented as ethical (it isn’t, though it is sometimes hard to tell), and viewers don’t get the idea that this is how most law firms behave. Unfortunately, like most legal shows, “The Good Wife” fails in this important realm. I work with many large law firms, and they are all very aware on the ethical lines, bold or fuzzy, that they must not cross, and take their obligations seriously.

The most recent episode of “The Good Wife,” entitled “Getting Off” included a full-fledged ethics train wreck sparked by the firm’s habitually unethical adversary, the fecund Patti Nyholm. In the middle of representing the defendant hospital in a lawsuit brought by a Lockhart, Gardner and Bond, Nyholm is fired by her firm and removed from the case. With a twinkle in her eye, she approaches none other than the Lockhart firm to represent her in a multi-million dollar lawsuit against her former firm for discrimination and wrongful termination, on the theory that it fired her because she was pregnant. Continue reading →

In Search of Accountability, Fairness, Justice and a Champion: the Unending Persecution of Anthony Graves

/ Jack Marshall / 4 Comments

Job would pity Anthony Graves

Governments and other bureaucracies are capable of unimaginable callousness, stupidity, and wrongful conduct, allowing individual fools to multiply their power to harm exponentially, and then to see an inhuman computer-driven monstrosity run amuck as everyone denies responsibility. You could not devise a better example of this process than what Texas is doing to Anthony Graves.

He is an innocent man convicted of murder in 1994 who was released last October after spending 18 years in prison, condemned to death. He had been convicted with fabricated evidence and coached testimony employed against him by former Burleson County District Attorney Charles Siberia, and a state investigation got a Texas judge to set Graves free. But the maw of Texas bureaucracy wasn’t through ruining his life. Continue reading →

Now THAT’s Hypocrisy: The Prosecutor and the Teenager

/ Jack Marshall / 3 Comments

As part of Ethics Alarms’ continuing effort to clear up the rampant confusion among the American public and media regarding what constitutes hypocrisy, I offer this illustrative tale.

Former Rock Island County, Illinois State’s Attorney Jeff Terronez has already pleaded guilty to providing alcohol to a minor.  As part of his plea deal, which allowed him to avoid more serious charges, he resigned his position as State’s Attorney, forfeited his pension and agreed to never seek public office again. Now it appears that the circumstances of his misconduct may result in a mistrial in the case in which  Terronez first encountered his 15-year-old victim.

You see, the young woman to whom Terronez provided alcohol was the victim and complaining witness in a previous case Terronez prosecuted, in which high school teacher Jason Van Houtte was accused of inappropriate contact with a 15 years old female student. Terronez saw to it that Van Houtte was convicted and sentenced to ten years in prison. Meanwhile, he met with Van Houtte’s comely prey and plied her with liquor socially…at least.

That’s right: the prosecutor began an “inappropriate relationship” with the under-aged complaining witness in a case he was simultaneously prosecuting involving a teacher’s “inappropriate relationship” with the same girl!

Now that’s hypocrisy.

Are Conviction Bonuses For Prosecutors Ethical?

/ Jack Marshall / 10 Comments

Next, how about a bonus for confessions?

Sometimes a story starts the ethics alarms ringing so loudly that it is hard to think about anything else. It is rare, however, to have this occur when it is not entirely clear what is so unethical. An unusual bonus arrangement in Colorado is in this category.

Carol Chambers, the District Attorney for Colorado’s Eighteenth Judicial District, offers financial incentives for felony prosecutors who meet her office’s goals for convictions.  Plea bargains and mistrials don’t count in the incentive program; they have to be trial convictions.  The bonuses average $1,100, and Chambers says she gives them out to encourage prosecutors to bring her district’s rates in line with other jurisdictions in the state. No other Colorado DA gives out bonuses, or bases evaluations on conviction rates. Continue reading →

Comment of the Day: “Finis: The New Black Panthers Voter Intimidation Affair”

/ Jack Marshall / Leave a comment

Michael, who also just made a “Comment of the Day”-worthy point regarding the recent post about schools banning homemade lunches for students (you can read it here), makes an important point about reports that dismiss allegations of government misconduct as “unsupported.” There is an obvious parallel with the public’s misinterpretation of verdicts finding the likes of O.J. Simpson (who did kill his wife and Ron Goldman) and Barry Bonds (who did lie to a Federal Grand Jury) “innocent” because the government prosecutors did not meet their burden of proof “beyond a reasonable doubt.” Here is Michael’s Comment of the Day on the post, Finis: The New Black Panthers Voter Intimidation Affair: Continue reading →

Ethics Hero: Arizona Governor Jan Brewer

/ Jack Marshall / 8 Comments

There is hope for Arizona yet...

Earlier, I wrote about a bill passed by the Arizona legislature that would broadly allow religious practices and beliefs to trump professional obligations, ethics codes and discipline. The bill, SB 1288, directed in part:

A. Government shall not deny, suspend or revoke a professional or occupational license, certificate or registration based on a person’s exercise of religion.

B. Government shall not deny, suspend or revoke a professional or occupational license, certificate or registration based on a person’s refusal to affirm a statement that is contrary to the person’s sincerely held moral or religious beliefs, regardless of whether those beliefs are specifically espoused by a recognized church or religious body…

C. A person’s exercise of religion is not unprofessional conduct.

It was widely assumed, including by me, that Republican governor Jan Brewer would sign this stunningly awful bill into a law which would allow any practice that could be called “religious” to be immune from community, cultural and professional norms of right and wrong unless they were explicitly illegal. She did not. She vetoed it, an act of responsible leadership and political courage.

You can read her veto letter here.

Just So You Know The Legal Profession Is Trying…

/ Jack Marshall / 2 Comments

The Massachusetts bar has suspended a lawyer for six months for running an advertisement on Craigslist offering to write  papers and essays for students to turn in as their own. The state Board of Bar Overseers of the state Supreme Judicial Court issued a memorandum April 1 announcing that lawyer Damian R. Bonazzoli was suspended from practice.  He also lost his job lost his job with the state Appeals Court.

Good. Continue reading →

Ethics Dunce: Buzz Bissinger

/ Jack Marshall / 17 Comments

It took about an hour after the  Barry Bonds verdict for the first ethics-challenged national sports writer to write something outrageous about it. Not surprisingly, it was Buzz Bissinger, a the member in good standing of the Daily Beast’s stable of annoyingly hypocritical, biased or appallingly cynical writers, Bissinger belonging to the last category.

His post, which pronounced the Barry Bonds conviction “a travesty” in the title, contained one ethics howler after another, any of one of which would have justified an Ethics Dunce prize.

Here they are:

“It is true that the case of Barry Bonds does hit a new low, a new low in the waste of millions of dollars of taxpayers’ money, a new low in the witch hunt of a player who, because he was considered surly and arrogant and unlikable, is now having intimate details of his life revealed (such as testicle shrinkage), a new low in outrageous abuse of government power.” Continue reading →