misrepresentation

A Despicable “Outing” In Minneapolis

/ Jack Marshall / 4 Comments

Once again we visit the always despicable practice of punitive “outing,” when gay activists, gay advocates, or the generally self-righteous decide that some individual deserves to have private matters, that he or she has an absolute right to keep private, made public. This particular instance is especially notable, because it involved an especially odious brand of unethical investigation, followed by a series of arrogant rationalizations by the offending party that would make a good, if easy, pop quiz in an ethics exam.

Lavender Magazine, a biweekly for Minneapolis’s gay and lesbian community, reported that an outspokenly anti-gay local pastor attended meetings of Faith in Action, the local affiliate of Courage, an international program of the Catholic Church that offers support for people who want to remain chaste despite same-sex attraction.
As a result of the report, the pastor was placed on leave by his church, which is looking into the matter. Continue reading →

Mark Kirk’s Misrepresentations: When Twice Is Too Many

/ Jack Marshall / 5 Comments

Mark S. Kirk, the Republican candidate for that troublesome Illinois Senate seat (the one Rod Blagojevich tried to sell, the one Roland Burris lied to get) was caught in perpetrating some credential-inflating on his curriculum vitae when it was discovered that what he had long claimed was an award bestowed on him for outstanding service as a military intelligence officer was really a group award for his whole unit, and, in fact, someone else had received the honor he claimed as his own. Continue reading →

Doritos, Web Hoaxes, and the Need For An Ethical Consensus

/ Jack Marshall / Leave a comment

AOL reports:

“A fake coupon for a free bag of Doritos has gone viral, leaving consumers angry when they can’t cash it in, retailers holding the bag if they do redeem it and Frito-Lay dealing with damage to its image. The scam problem has increased in the past few weeks as more and more people e-mailed the coupon to one another. And though a $5 bag of chips may not sound like a big problem, Frito-Lay spokeswoman Aurora Gonzalez said the losses could end up in the multimillions: The dollar value of fake coupons submitted in recent weeks equaled 5 percent of Frito-Lay’s real coupon offerings for all of 2009, she said.”

Pretty funny, huh? Continue reading →

Obama’s Ethics Foul: A False Pledge

/ Jack Marshall / 13 Comments

Lost in the furor over the insulting “small  people” characterization by BP’s hapless Chairman was a seriously unethical statement by President Obama. If the President is lucky, nobody will remember it. He hasn’t been very lucky lately, however.

As with Hurricane Katrina and President Bush, the Gulf oil spill has subjected President Obama to some unfair public expectations, some of which stem from a basic misunderstanding of Presidential power. (There have also been his genuine failures to meet reasonable expectations based on correct assumptions about Presidential leadership—but that is another topic.) Unfortunately, President Obama brings this upon himself by habitually over-stating his influence over people and events that he can not really control. He did this again, when he announced BP’s agreement to establish a 20 billion dollar fund to address the leaking oil’s damage to the Gulf region, its businesses and its inhabitants: Continue reading →

Rep. Kirk’s False Award

/ Jack Marshall / 3 Comments

Thanks to Republican U.S. Rep. Mark Kirk’s revelation that he has been knowingly misrepresenting (or “lying about”) the nature of a military honor on his official biography for years, following close on the heels of the Richard Blumenthal scandal, we must answer the question: how much dishonesty should the public tolerate in candidates for the U.S. Senate?

How about “none”? Continue reading →

Rebate Ethics

/ Jack Marshall / 8 Comments

I  hit the roof yesterday when I found out that we had missed the deadline to apply for the promised $100 rebate on my son’s fancy cell phone. To make myself feel better, I checked with Consumers Reports and some other sources: sure enough, the Marshalls are not alone. It is estimated that 40%-60% of all rebates go unclaimed, to the tune of 4 billion dollars. What a deal for retailers! They lure you to the store with low prices. When you get there, you discover that the price will only truly be low after you mail in a rebate request and get a check in return. But you’re in the store, and have made the emotional commitment to buy. Later, you may find out that the various hoops you have to jump through to get the rebate back are annoying and time-consuming, and easy to botch. If you are busy, you may put it aside—and ninety, sixty, thirty, or even just seven days later, the rebate offer expires.

Are rebates ethical, or are they a particularly insidious form of consumer fraud, using the well-document human characteristics of impulse buying, inattention to detail, short attention span and procrastination against consumers to make millions of dollars in money that was supposed to be discounted but never was? Continue reading →

Blumenthal’s Lies and Professional Discipline

/ Jack Marshall / Leave a comment

I know I’m harping on Richard Blumenthal, but:

An Illinois attorney has just been suspended from the practice of law for three years for using a doctored resume to obtain his job at a big law firm.

Richard Blumenthal has doctored his resume, in public, by leading voters and media to believe he was a Vietnam veteran, when he was not. He is seeking a job, not with a law firm, but in the U.S. Senate.

The Illinois attorney has been found unfit for the practice of law by dint of his dishonest conduct, which raises doubts about his trustworthiness. Is filling out a resume to acquire a legal job itself the practice of law? No. Can anyone think of a reason why it is less indicative of bad character for a lawyer to fabricate credentials in pursuit of a non-legal job (albeit for a position that makes laws!) than a legal one? I can’t. That would seem to be an absurd distinction. Lying to the hiring partner at a law firm is worse than lying to the citizens of Connecticut? Blumenthal is the State Attorney General: he works for the people of Connecticut; they are his clients!  His lie is certainly worse.

Forget about not voting him into the Senate. Connecticut should work on kicking Richard Blumenthal out of the Attorney General’s office.

More on Richard Blumenthal, Connecticut’s Lying Attorney General

/ Jack Marshall / 4 Comments

Now that we know a little bit more about Richard Blumenthal, the Connecticut Attorney General whose pursuit of a U.S. Senate seat has him periodically masquerading as a Vietnam War veteran, it is clear that simply defeating him at the polls isn’t enough. He should be impeached as Attorney General, and deserves professional discipline from the Connecticut Bar as well. Why? Well, he’s an unrepentant serial liar on a grand scale. Lawyers, including Attorney Generals, are prohibited from engaging in dishonesty, misrepresentation, fraud and deceit, and it is professional misconduct when this rises to a level that calls a lawyer’s trustworthiness and fitness to practice law into question. Does pretending to have credentials, especially military combat experience, that you do not have in order to get a job reach this level?

Of course it does. Continue reading →

Lying Senate Candidate Blumenthal: Not One Single Vote

/ Jack Marshall / 1 Comment

“Senate Hopeful Misspoke About Service” headlines the Daily Beast. “Candidate’s Words on Vietnam Service Differ From History,” announces the New York Times, which broke the story. In a case like this, such delicate phrasing amounts to journalistic deceit. Connecticut Attorney General Richard Blumenthal, the Democratic candidate for the open Senate seat soon to be vacated by Chris Dodd, has been lying his head off, claiming that he served in Vietnam when he did not. He didn’t “misspeak,” and there isn’t any controversy about differing versions of history. He is a lair, and his lies have been deliberate, calculated, and despicable. Continue reading →

Don’t Tell Mom the Client’s Dead

/ Jack Marshall / Leave a comment

The Minnesota Supreme Court has suspended a lawyer for settling a case without revealing to the opposing side the small matter of his client being dead. There aren’t many misconceptions a lawyer is absolutely required to correct by informing the other side, unless the lawyer or the client clearly created a the misconception by its own words or actions. But the death of a client mid-case is one of them. Continuing to negotiate as if the client is alive is an affirmative and material misrepresentation.

This principle is always good for a laugh in a legal ethics seminar, but instances of its application are rare. In this case, the suspended lawyer may have uttered a famous quote when his adversary, after agreeing to a settlement, heard that the client had died and asked him whether it was true. Thomas Lyons, Jr. replied, “Yes. How ironic!” Continue reading →