mentors

My Mentor, My Friend: David J. McCarthy, 1935-2020

/ Jack Marshall / 14 Comments

Dave McCarthy

I have many things I want to write about, but this is something I have to write about.

I learned recently that my friend, mentor, teacher and my first boss David J. McCarthy, Jr. died on October 1, at the age of 84.  The key word here is probably mentor, but I’m not certain I have the perfect word for David. What do you call the person who probably did as much to influence the course of your life, all positively, than anyone else other than your parents? That was him. I know: I understand the real meaning of “The Road Not Taken.” It’s possible, even likely, that I would have ended up in the same place, or close to it, without someone pointing me to a path I had never considered at a point when I was desperately looking for options. But if a butterfly flapping its wings in the Amazon can cause a hurricane in Milwaukee, David McCarthy was the pterodactyl flapping his wings who changed, literally, everything in my life.

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Best Ethics Movie Of The Year: “Whiplash”

/ Jack Marshall / 19 Comments

I doubt that it will win “Best Picture” at the Oscar (though the consensus seems to be that J.K. Simmons, who dominates the film, has “Best Supporting Actor” in the bag), but “Whiplash” is the best film of the year that explores an ethics conundrum of long standing.

Without spoiling the film for those of you—the odds say a majority—who haven’t seen it, let me explain why.

“Whiplash” is ostensibly about a gifted music student’s quest to become not merely a good but a great jazz drummer. On the way, he encounters a fanatic, merciless, manipulative and demanding teacher (Simmons) who sees the young man’s passion and potential and is determined to either make his greatness bloom or break him trying. The movie raises the eternal question of the ethical obligation of the gifted to use their gifts to enrich society, culture and mankind. Arturo Toscanini once berated Bing Crosby for “wasting” his once-in-a-lifetime voice on popular music rather than opera. Is possession of a remarkable ability or talent something that forces the possessor to live an altruistic existence, subordinating his or her own desires to what will most benefit others? Is it unethical to refuse, to choose another path, one that is less daunting, easier, more relaxing, surer, without the stress, without the burden of chasing perfection and extraordinary success? Continue reading →

The Saga of the Entrepreneural Legal Mentor

/ Jack Marshall / 6 Comments

"OK, now pay attention. I'll teach you to hunt, but it will cost you..."

“OK, now pay attention. I’ll teach you to hunt, but it will cost you…”

Attorney Kenneth Beck is reeling from a barrage of criticism he has received for placing this ad on Craig’s List:

ARE YOU RECENTLY ADMITTED TO THE BAR, OR AWAITING BAR RESULTS, BUT NEED EXPERIENCE FOR THAT FIRST JOB?

General practice attorney with more than twenty years of experience is willing to train a small number of recently admitted attorneys, or those awaiting bar results. For a monthly fee, you will be able to shadow the experienced attorney, and learn by watching the day to day practice of law. Observe the following types of proceedings, as they occur; Civil Short Calender motion arguments, foreclosure mediation’s, pre-trial conferences, Workers Compensation and Social Security hearings, real estate closings, discovery proceedings and compliance, research and general office operations. …

The unprecedented ad, now pulled, prompted nasty e-mails from his target audience and a lot of ridicule on various legal blogs. Beck hit a nerve, obviously, in fact several: the perceived venality of the profession, the desperate plight of recent law grads in a tight market, the lack of practical training students receive in law school. Some even suggested that the ad rose, or rather fell, to the level of professional misconduct. “Will this kind of revenue producer be censured by the state bar association?”, asked the blog Law and More.

That one is easy: no, because nothing about the ad raises legitimate questions about Black’s trustworthiness or honesty, and there is no clear violation of any existing rules inherent in his proposition. Still, the question lingers: even if this doesn’t nick the Rules of Professional Conduct, is it ethical? Continue reading →