Friday Ethics “Kung Fu” Reflections, 9/13/2019: “Seek Not To Know The Answers, But To Understand The Questions.”

Welcome, Ethics Grasshoppers!

Come to think of it, grasshoppers are not particularly ethical. Does anyone even recognize references to “Kung Fu” and Master Po any more?  It had a Caucasian actor (David Carradine) playing an Asian hero, so I guess it’s considered racist now.

Never mind.

I need a drink…

1. One more note about last night’s debate...I was listening to NPR’s efforts to spin the debate this morning. A Democratic consultant, who hardly could have been surprised by the question, was asked “Who won?” He paused, stammered and said, unconvincingly, “The Democratic Party?”  Exactly! As conservative wag Stephen Kruiser wrote today,

They don’t want you armed and able to protect yourself.

They don’t want you taking care of your children.

They don’t want you making your own decisions about your healthcare.

They want you to pay more in taxes for the privilege of losing your freedoms.

What’s not to like?

2.  The new book “She Said: Breaking the Sexual Harassment Story That Helped Ignite a Movement” reveals more details about the efforts by lawyers David Boies and Lisa Bloom (the victims advocate and daughter of Gloria Allred) to protect Harvey Weinstein from having his predations on women revealed. In one memorable memo the book shows to the world, Lisa Bloom wrote to Weinstein in December 2016 laying out a multistep playbook on how to intimidate accusers or represent them as liars. Regarding actress Rose McGowan, who claims to have been raped by Weinstein and who has since become a visible activist regarding his conduct and that of other Hollywood figures, Bloom wrote,

“I feel equipped to help you against the Roses of the world, because I have represented so many of them….We can place an article re her becoming increasingly unglued, so that when someone Googles her this is what pops up and she’s discredited.”

Not surprisingly, McGowan is furious, and said of Bloom, “Her email is staggering. Staggering! …This woman should never work again. Lisa Bloom should be disbarred. So should David Boies.” Continue reading

Q: What Do You Get When You Cross Human Arrogance, Virtue Signalling, And Cruelty To Animals? A: A Vegan Animal Shelter

“You’re kidding, right? You don’t actually expect me to eat this crap. do you?”

Here’s my latest theory:  California progressives have decided that they can adopt any left-sounding idea, no matter how crazy, and get away with it, so sometimes they propose these things just to see if there’s nothing Californians won’t accept if it has the right progressive label.  That’s the only explanation I can come up with for this story.

A proposal pending before the Los Angeles City Board of Animal Services Commissioners would make the city’s animal shelters the first vegan system in the nation. That’s right: the dogs in the city’s care  would be placed on a strict vegan diet. Maybe the idea is to have the dogs beg to be euthanized.

Supporters  include musician and animal rights activist Moby and the most unethical feminist lawyer in captivity, Lisa Bloom, who want to make L.A. shelter dogs “the vanguard of a meat-free movement.” Commissioner Roger Wolfson, a Hollywood screenwriter, was the genius behind the proposal, which he justifies by his desire to bring down the meat industry and his belief the “feeding animals to animals” is unethical.

Yes, he’s an idiot.

“We have to embrace the fact that the raising and killing of animals for food purposes must only be done if we have absolutely no other choice,” Wolfson said at the council meeting debating the issue. meeting. “This is about the long-term survival of every man, woman and child in this room, and all of the people in our lives.”

In other words, screw the dogs, this is about politics and exploiting animals for a progressive human agenda. Got it.

Is it too late for me to propose feeding the dogs illegal immigrants? KIDDING! Jeez, nobody has a sense of humor about anything these days…. Continue reading

Morning Ethics Warm-Up, 12/18/2017: Life Is An Unethical Cabaret, My Friends…At Least Lately

Good Morning!

1  Really now: What’s the matter with you? How many of these will it take for everyone to agree that it’s intolerable?

Let’s recap, shall we? Last week, Democratic Congresswoman Jackie Speier confidently cited a “rumor” that that the President was going to fire Special Counsel Mueller imminently. (It would not be undeserved.) The rumor was then treated by the mainstream news media as news, which is, you know, supposed to be fact. This “news” then was considered sufficiently alarming that multiple Democrats and “resistance” members, including former Obama Attorney General Eric Holder (disgracefully) advocated an insurrection, as in “taking the streets.”

Asked about this rumor qua news, President Trump said, no, he wasn’t considering firing Mueller. Did uou know that in the old days, when journalists at least pretended to be ethical, the President would have been asked about a rumor involving his intentions before it was published as news, and before assholes on the Left used it to advocate social unrest?

The episode is beyond unethical. How can anyone support 1) this 2) people who act like this 3) journalists who facilitate this,  4) a party that continues to encourage this, or 5) anyone who supports or enables 1)-4) ?

2. He just doesn’t get it…like a lot of people. Tavis Smiley, whose problems were discussed in the previous post, said this morning that while he did engage in sexual relations with his some subordinates, they were all consensual and therefore did not constitute sexual harassment or an abuse of power. He’s oh so wrong.

Subordinates never have complete freedom to reject the sexual overtures of their boss, so they never can truly consent. It is inherently an abuse of power. Moreover, third party harassment is inevitable, as other female employees are sent the message that they work in a harem. Are they required to submit to the sultan’s desires? If they aren’t asked to submit by their Great Alpha Male, does that mean they have displeased him?

That a hostile work environment, Tavis.

3. ‘If you could see her from my eyes’..Smiley’s attitude conforms to that of a lot of sexual harassers, including, in all likelihood, the President’s. It wasn’t sexual harassment, they believe, because who wouldn’t want to receive their sexual advances?

This made me reflect on this hard-edged number from the film version of “Cabaret,” sung by Joel Grey’s evil MC as sly anti-Semitism for laughs. (I did not know that the number at one point was cut from the stage version because audiences didn’t get the satire until I saw a documentary about Jewish-themed musicals on PBS last night)

If the chilling last line of the song were altered to “It wouldn’t be harassment at all!,” with the “gorilla” representing the way so many women are treated in the workplace, the M.C. would be accurately expressing  Matt’s, Al’s, Harvey’s, Bill’s, Ben’s, Dustin’s, and Tavis’s creed.

4. Is Al Gore next? Not if the New York Times can help it. In a story detailing the rampant sexual abuse and harassment of hotel employees by guests, Al Gore’s name never comes up. The story includes the stunning results of  union survey of hotel workers in Chicago found that 58% of them had been sexually harassed by a guest. Yet in 2010, when three hotel masseuses claimed that Gore sexually harassed him, his denials were sufficient to make the episode quickly discounted and forgotten. What would happen if the same allegations were made today? If Gore had been elected President last years, would Senator Gillibrand be calling for his resignation?

Plan J would seem to demand it.

5. Why sexual harassment allegations are not necessarily credible. From The Hill: Continue reading

Dear Lisa Bloom, You Unethical Hack: Stop Making Me Defend Kathy Griffin!

I had to get this post up before the Morning Ethics Warm-Up, because it warmed ME up by almost exploding my head.

Lisa Bloom, the daughter of feminist muck-raking celebrity attorney Gloria Allred, has already shown the she has either no regard for legal ethics, or is spectacularly ignorant of them. She has publicly breached the duty of loyalty, attacking her former client, Harvey Weinstein; she took on Weinstein in the teeth of a blatant conflict of interest that she also publicized, as if it was something to be proud of. Yesterday, she showed that she is unfamiliar with, or perhaps just doesn’t give a damn about, the core legal ethics principle of confidentiality, perhaps the most important legal ethics duty of all.

Her latest ex-client to be the victim of Bloom’s unprofessional conduct and disloyalty is Kathy Griffin, she of the severed head. Griffin announced that she had fired Bloom, and wasn’t nice about it—but then when is Griffin ever nice?—saying, “Yes, I got Bloomed. Yes, I didn’t have a good experience with her. Yes, I feel that she and her husband exacerbated my personal situation.” Disaffected clients can say anything they choose about their lawyers. They can do it on Yelp, on the lawyer consumer site Avvo,  to the Hollywood Reporter or hire a skywriter. What a client says, mean or not, untrue or not, still  does not alter a lawyer’s continuing ethical obligations one whit. A lawyer cannot get into a public fight with a former client over what did or did not occur during the representation. Every lawyer knows this, or is supposed to.

Yet Bloom—I would say “incredibly” had we not seen other examples of her professional ethics cluelessness—released this statement on Twitter:

[My head told me in a statement that it would have exploded over this but determined that doing so over Kathy Griffin and Lisa  Bloom was demeaning to head-explosions. I concur.]

The fact that Bloom had prepared Griffin’s remarks for the press conference, the fact that they worked on them together, the fact that Griffin discarded them, the fact the performer “ad-libbed” and “extemporized” are all client confidences. For all we knew, Griffin’s claim during the press conference that she was ignoring her notes was part of a pre-planned strategy.  I assumed it was; Griffin is an actress. “It’s best if you show that you are talking from the heart, Kathy,” is advice I would expect Griffin’s lawyer to give. A lawyer cannot tell the public that a client ignored her advice. Only the lawyer and the client know that. Revealing it is to disclose information the lawyer learned during the course of the representation that will harm or embarrass the client, a serious ethics violation and betrayal of trust Continue reading

That Settles It, If It Wasn’t Obvious Already: Lisa Bloom Is An Unethical Hack (But I Could Be Wrong…)

Now, don’t sue me, Lisa! Remember what it says in the “About” section (above), this is all just my opinion. When I say you are a stunningly unethical lawyer, that’s just my analysis; it’s true I know something about legal ethics, teaching and consulting on it full time, but I can’t assert my opinion as fact. I can’t read your mind or slog through your soul. I don’t know what a bar disciplinary committee would decide, though I know this is a famously gray area in legal ethics, so unethical conduct is unlikely to be punished.  And when I say you’re a hack, remember that “hack” isn’t a description subject to objective proof, any more than, say, “asshole.” Perhaps your definition of “hack’ is different from mine. In fact, I’m sure it is.

That said, your conduct is a professional disgrace. I think. Who knows? I may be wrong.

In an interview with BuzzFeed News published this weekend, Bloom, speaking of her recently terminated representation of Harvey Weinstein, said

“I can see that my just being associated with this was a mistake. All I can say is, from my perspective, I thought, ‘Here is my chance to get to the root of the problem from the inside. I am usually on the outside throwing stones. Here is my chance to be in the inside and to get a guy to handle this thing in a different way.’ I thought that would be a positive thing, but clearly it did not go over at all.”

Bloom added that she will no longer represent men accused of sexual misconduct, “even those who convincingly tell me they are innocent….I will just make the best choices I can out of every situation. I have clearly not been successful. I think anybody who does big bold things fails. And I definitely failed on this one.”

What Bloom has failed at is called “being a trustworthy and competent lawyer.”

The next day, during an appearance on Good Morning America, Bloom even more explicitly threw her former client under the metaphorical bus:

“It’s gross, yeah,” Bloom told GMA. “I’m working with a guy who has behaved badly over the years, who is genuinely remorseful, who says, you know, ‘I have caused a lot of pain.’”

Did Bloom actually graduate from law school, or did she just apprentice in her mother’s office (she is Gloria Allred’s daughter) and somehow get an honorary license? Did she never learn about the a lawyer’s duties of loyalty and confidentiality? She obviously didn’t know about conflicts of interest, since she represented Weinstein while agreeing to let him turn her book into a TV miniseries.

Ethics Alarms has previously criticized lawyers who have publicly undermined their former clients. The most recent example  was last year, when a former Trump lawyer used his experiences while representing the future Presidential candidate decades earlier to write a scathing mid-campaign attack on his former client in the Huffington Post. I wrote,

There is strong disagreement in the profession about whether the answer to “Is this unethical?” should be an outright yes. The status of loyalty among the legal ethics values hierarchy is as hotly contested now as it ever has been. If a lawyer wants to attack a former client in a matter unrelated to the representation and no confidences are revealed in the process, is that a legal ethics breach? If it is, it would be a very tough one to prosecute. I think it’s a general ethics breach, as in wrong and unprofessional. It is disloyal, and clients should be able to trust their lawyers not to come back years later, after a client let the lawyer see all of his or her warts, and say, “This guy’s an asshole.” It undermines the strength of the public’s trust in the profession.

Continue reading

Here We Go Again: Harvey Weinstein, Lisa Bloom And The Thing About Lawyer Ethics That The Public And The News Media Just Cannot Seem To Grasp

LawNewz writes, and in so doing wins a Legal Ethics Dunce so easily that I’m not even going to bother,

Feminist attorney Lisa Bloom, who has represented dozens of women against accused sexual harassers like Donald Trump and Bill O’Reilly, is now representing an alleged sexual harasser. In, quite frankly, a shocking move, Bloom agreed to give her “advising” services to film studio executive Harvey Weinstein, who is accused of harassing women over a thirty-year timespan. Immediately, many in the legal world wondered what would motivate such a principled women’s rights advocate to represent a man facing such sordid accusations.

Weird! I have the strangest feeling I have been here before…it’s Ethics Alarms déjà vu!

No, I have been here before, and if you’ve read the blog regularly, so have you, like here, for example, when the post was called,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or here, when I defended Hillary Clinton….yes, you read that right…when she was being called a hypocrite for once defending not only a child rapist, but a guilty child rapist.  Then there was this post, when liberal icon Larry Tribe was representing a coal company. Bloom, Tribe, Estrich and Hillary all have the same defense, not that lawyers should need a defense for being lawyers.

Let’s see…I think I’ll quote myself from the Hillary piece this time… Continue reading

I Suppose Ethics Alarms Has To Officially Designate “Bloody Headgate” As An Ethics Train Wreck, Since Now The VFW Has Boarded

The Veterans of Foreign Wars declared that Kathy Griffin’s photo of Trump’s severed head is unprotected under the First Amendment.

They are ignorant and have embarrassed themselves. The organization doesn’t even understand what its members have been allegedly fighting to protect and preserve.

VFW National Commander Brian Duffy issued a statement that “The Veterans of Foreign Wars of the U.S. strongly condemns comedian Kathy Griffin’s incredibly revolting attack on the President of the United States . . . . What she did was not humorous nor should it be protected speech or expression. Playing to an audience with a severed head is what our enemies do. The USO should end its relationship with her.”

Actually, playing to an audience with a severed head is what Shakespearean companies performing “MacBeth” have done on stages, professional, college and amateur, in the U.S. and elsewhere for hundreds of years, you ignoramus.

This is another reason why the Left’s claims that “hate speech” shouldn’t be protected are so dangerous to our society: too many citizens of all political persuasions don’t understand what free speech is, and are too ignorant to know how to counter this threat to democracy

Let’s see: Griffin, her lawyer, the President and his punching-down tweet; Rosie O’Donnell, who announced that she had no sympathy for 11-year-old Barron Trump seeing photos of someone apparently holding up his father’s head, the mainstream media hypocrites who told audiences that Griffin’s “eliminationist rhetoric” wasn’t news or worth discussing, though a far less threatening image dominated their conversations for weeks when they tried to tie Sarah Palin’s metaphorical cross-hairs on a political race map to the madman who shot Rep. Giffords…I was wondering which organization would be the first on the Right to claim that what Griffin did warranted criminal punishment. The VFW would have been a good bet.

But wait! There’s more!... and I should have seen this one coming too. Progressive favorite Alec Baldwin, a habitual boor and Ethics Dunce, weighed- in in support of Griffin and her severed Trump head as only he can, tweeting,

“Dear Kathy Griffin, Kathy….baby…I’ve been there. The whole Henry Hyde thing [with] Conan, where we bring out an oxygen mask at the end? a joke. That’s what I thought. That’s what we intended. No one walked out of the studio and said, “No! We’re serious!” No one. But all your gutless, weasels in the GOP insisted that I actually threatened Hyde. They played the victim beautifully. Kathy…fuck them. Fuck them all. No 1 believes u meant 2 threaten Trump.Trump is such a senile idiot, all he has is Twitter fights. ignore him. Like the leaders of all the other countries in the world. Ignore him.”

Honestly, I do not understand how anyone can laugh at Baldwin knowing the anger, bitterness and nastiness that ooze out of every pore; it’s like finding Bill Cosby or Woody Allen funny. Yet that this guy passes for a wit, political pundit and truthteller by Hollywood progressive standards.

Dear Alec…
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