The Ethics of Singing For Muammar

Sing, Nelly---and charge him through the nose.

Singer Nelly Furtado has been attacked recently for accepting a million dollars in 2007 to entertain Muammar Gaddafi and his family. The idea seems to be that, as ringingly put by screenwriter Mark Tapper,

“It is quite simply willful blindness to claim that there is no moral dimension in the choice to perform privately for a monster like Gaddafi, and in being paid exorbitantly from funds no doubt stolen from his own people, or misappropriated from foreign aid or dirty deals.”

Furtado isn’t the only one who crooned for the Libyan dictator, apparently. Mariah Carey, Usher, Lionel Richie, Beyoncé and other performers also accepted big bucks to give Muammar and his family a good time.Furtado is donating her fee to charity in the wake of criticism like Tapper’s and Beyoncé has also donated the million that she received to charity, apologizing profusely. Mariah Carey is begging for forgiveness.

I’m glad that the stars are giving their money to worthy causes, and no doubt it is a good public relations move in a society where half-baked ethical notions become conventional wisdom before much thought has been applied to them. Nevertheless, Furtado and the rest did nothing wrong by entertaining Gaddafi. Continue reading

Texas Lawyers And Sex: Not Horny, Just Wise

"Now about my fee...."

Texas lawyers have voted down a proposed ethics rule that specifically condemned attorneys having intimate relations with their clients. Naturally, the media will represent the decision as the predictable reaction of a bunch of high-rolling, fun-loving Texas legal horn-dogs to people trying to spoil the perks of their job; even the legal media has settled on a misleading headline:  “Texas lawyers reject ban on sex with clients.” But Texas lawyers don’t think that sex with clients is ethical, or want it to be ethical. Like the attorneys in many other states, they just think having a rule on this topic is bad idea. And they are right. Continue reading

The Legal Profession Welcomes Yet Another Arrogant Jerk Into the Fold

OK, she's snarky...but can she be a good lawyer?

…but not an untrustworthy arrogant jerk!

Marilyn Ringstaff, a 2006 graduate of John Marshall Law School, had to pay a $250 fine as a result of a minor traffic accident she was a first year law student. She represented herself in court, challenging Abe Lincoln’s Rule that “If you represent yourself you will have a fool for a client and a jack-ass for a lawyer,” and then proved Abe correct—on both counts— when she argued on appeal that her own representation was ineffective.

Ringstaff paid the fine and sent along an obnoxious note with two smiley faces, reading, “Keep the change—put into a police/judicial education fund. I can certainly say this has been an educational experience. I am now a second-year law student and can honestly relate to what a crooked and inequitable system of ‘justice’ we have.” Continue reading

Unethical Quote of the Week: U.S. Attorney General Eric Holder

Trick Question: Who are the U.S. Attorney General's people?

“When you compare what people endured in the South in the 60s to try to get the right to vote for African-Americans, and to compare what people were subjected to there to what happened in Philadelphia–which was inappropriate, certainly that—to describe it in those terms I think does a great disservice to people who put their lives on the line, who risked all, for my people.”

—-U.S. Attorney General Eric Holder, testifying in a Congressional hearing regarding allegations of race-based enforcement in the Justice Department, and taking issue with Rep. John Culberson, who was questioning Holder about the New Black Panther Party voter-intimidation case. Culberson quoted a Democratic activist who called the incident the most serious act of voter intimidation he had witnessed in his career, prompting Holder’s statement.

I am willing to give the Attorney General the benefit of the doubt and regard this is a slip of the tongue. It would be unfair to conclude, based on this statement, that Holder is biased. But his use of the term “my people” certainly raises the question of bias. As the Attorney General of the United States, Eric Holder is obligated to regard all American citizens as “his people.” Suggesting otherwise undermines his credibility and the people’s trust, and is at best careless, and at worst suspicious.

[Thanks to WSJ blogger James Taranto for flagging the quote.]

“Harry’s Law” Is A Legal Ethics Mess

When it comes to legal ethics, "Harry" is no straight-shooter.

As I have noted before, TV has one of its more ethically-sophisticated legal dramas to date in CBS’s “The Good Wife.” Oh, the lawyers (and their investigators) are frequently unethical, all right, but the show has seldom represented unethical conduct as ethical, or implied that it would be defensible if it came to the attention of the bar. In contrast, the new NBC Kathy Bates drama “Harry’s Law” has already ticketed itself for the Dumb Lawyer TV Show Hall of Shame, grossly misleading its audience about what constitutes a lawyer’s ethical duties. (Other recent admittees to the Hall: James Woods’ “Shark,” the Kathleen Quinlan drama “Family Law,” Steven Bochco’s embarrassing “Raising the Bar,”and every legal show created by David Kelley.) Continue reading

“The Good Wife” Ethics: Sex With Clients Edition

Diane, Diane..what were you thinking?

Last night’s episode of TV’s smartest legal drama since the 1960’s, CBS’s “The Good Wife,” dealt with the “no sex with clients” ethics rule adopted by most states (but not Washington, D.C.!) in a continuing subplot about the budding romance between firm tigress-partner Diane Lockhart (Christine Baranski ) and ballistics expert Kurt McVeigh, played by Gary Cole. In the episode, entitled “Silver Bullet,” Lockhart decides to represent McVeigh when he is sued for millions.

That’s her first ethics mistake. Continue reading

The Conflict of Interest That Isn’t, But Looks Terrible Anyway

David Becker, the top lawyer at the Securities and Exchange Commission, is suddenly an embarrassment to his employers. He and his two brothers inherited more than $1.5 million in phony profits from their mother’s investment in $65 billion Bernard Madoff’s Ponzi scheme. Since the S.E.C. was famously asleep at its post regarding Madoff, its negligence and incompetence allowing him to destroy individual lives, charities and more, having a key lawyer at the regulatory agency profit from Madoff’s scheme, even by inheritance, looks corrupt and unconscionable.  Continue reading

When Law Professsors Attack!

On his excellent blog “The Ethical Lawyer,” Franco Tarulli sounds a perceptive, and unusual, ethics alarm.

On January 11, 2011, there was another botched police raid at the wrong house, this time in the San Francisco suburb of Castro. Police had apparently given a mistaken description of the house that was supposed to be raided when they sought the warrant. As a result, innocent law professor Clark Freshman was put in handcuffs and scared out of his wits, as police ignored his objections that they had the wrong house. Continue reading

Happy Birthday, Mr. Lincoln: Abe on Lawyer Ethics

John Steele, on his essential blog, the Legal Ethics Forum, had the wit and wisdom to post Abraham Lincoln’s “Notes for a Law Lecture” today in commemoration of Abe’s birthday. I had been looking for an appropriate post for the occasion, and I cannot improve on John’s selection.  Written around 1850, it is as excellent a statement of what lawyers should aspire to in 2011 as it was when Lincoln was practicing, and it also confirms our 16th President’s eloquence, clarity of thought, and instincts for good.

Happy Birthday, Mr. Lincoln.

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Abraham Lincoln’s Notes for a Law Lecture Continue reading