Comment Of The Day: “Ethics Dunce: Professor Lara Bazelon” (1)

The Ethics Dunce post highlighting prominent lawyer and legal commentator Lara Bazelon’s op-ed celebrating her decision to place her career and the welfare of clients over the best interests of her own children didn’t attract a lot of commentary, but the comments that arrived were excellent and often moving, and readers related her dilemma to their own lives. There have been three Comments of the Day so far. I’m going to post them in the order in which they arrived.

Here is JP’s Comment of the Day on “Ethics Dunce: Professor Lara Bazelon”:

About 8 ½ years ago, I became a father. As I looked down at my newborn son, I couldn’t help but note was how small he was. How beautiful he looked. How unprepared I was to be in this situation. It’s funny the way life teaches us lessons. For example, did you know an 18-month-old could lock you out of your house? Or that a 2-year-old could operate an elevator? How about a 3-year-old using deception to win a game of hide and seek? Maybe that a 4-year-old could teach himself to swim?

It hasn’t been easy taking care of my oldest. From the beginning of his life, he has always been too interested in what was going on to care about being held or even staying in one place. His confidence has given him a unique perspective on the world where everything is a new adventure. It seems that he always must be in the thick of things. But here I am, trying to keep up, increasingly more aware that I am falling further behind and time is running out. Continue reading

Ethics Dunce: Professor Lara Bazelon [UPDATED]

The click-bait headline is, I’ve Picked My Job Over My Kids : I love them beyond all reason. But sometimes my clients need me more.”

The author is well-published law school professor Lara Bazelon, who often opines at Slate. I could, but I won’t, give Bazelon the benefit of the doubt, assuming that as a lawyer and advocate, the article is intentional hyperbole and intended to both spark debate and to assuage the conscience of other working moms. Lawyers, however, are not supposed to mislead or lie. If Bazelon doesn’t believe that she has picked her job over her kids, then she shouldn’t write it. If she does believe it, then she is rationalizing away a breach of duty.

There are millions of working mothers who have no choice other than to work when their children may need them, but Bazelon is not one of them. She writes, Continue reading

The Ozzie Albies Exension, Or “How DARE A Baseball Player Consider Anything Important Other Than Money?”

The Atlanta Braves announced a contract extension with second baseman Ozzie Albies guaranteeing the 22-year-old third year players a total of $35 million  from 2019 tp 2025. He’ll earn $1million apiece in 2019 and 2020, $3 million in 2021, $5MM in 2022, and $7MM annually from 2023 through 2025. The contract includes two  club options reportedly valued at $7million each; the first one comes with a $4 million buyout. If both are exercised, Albies will earn  $45 million over the next nine seasons .

Executives, players, stat-heads and scouts are all  condemning the Albies extension, alternately calling it a terrible deal for Albies, unethical exploitation by the team, and selfish betrayal by the player.

Here’s NBC Sports…

Front offices deciding, seemingly simultaneously, to stop spending on free agents in their 30’s stagnated the market. Then, because of the stagnated market they created, the owners get to collectively save billions of dollars in the coming years by nudging their young players into signing extensions well before their primes, before they have established leverage with which to negotiate. Free agency is then further stagnated because these players will be reaching it at 29 and 30, rather than 26. …In these young stars and potential stars signing away their arbitration-eligible seasons, they will fail to help set higher and higher bars at each step of the arbitration process.

Continue reading

On Greed, Stupidity, And Reality: My Baseball Wish

There is now rampant speculation that the twin prime-age free agents who have the so-called Hot Stove League in palpitations—the two are outfielder Bryce Harper (L) and shortstop Manny Machado (R), both 26, burgeoning superstars, and, in the estimation of many including me, assholes—will not sign contracts until February. I find this difficult to believe, since it would be jaw-droppingly stupid (and unethical), but I hope hope hope that it happens, because the ethics lessons the consequences might teach couldl be momentous.

Both young men are reportedly seeking contracts in the range of ten years at 30+ million dollars a year. Both have player agents who are telling them such exorbitant goals are reasonable.  Machado has already made about 34 million dollars in his still-brief Major League career.  Harper had made almost 48 million. Both are in a position in which they could pick out the city and team they want to live in and play with, and say to their agents, “This is where I want to be. Make the best deal you can, and make it happen.” That is what a rational person would do, and indeed, that is what some players, not players with the potential earning power of these two but ones with more brains than Harper and Machado have between them, have done, though rarely.

It is important to note that unless these guys have developed an addiction to eating diamonds or something similarly extravagant, they don’t need to work another day in their lives now. What is their motivation to be paid more than a third of a billion dollars over the next decade, other than having avaricious, unethical agents steering them in that direction? Ego? Insanity? Stupidity? Harper or Machado could call up any one of the 30 MLB teams, ask, “What can you pay me for the next five years?” and have a contract for at least $100,000,000 dollars within 25 hours. How much different will their lives be with those “low-ball” contracts than if they received the longer, richer ones they covet? Not different at all, and quite possibly better. Continue reading

Morning Ethics Warm-Up, 5/14/2018: Another Rushing Around In A Hotel Room Getting Ready For A Seminar Edition…

Good morning from Boston...

…where I always feel at home! I’m here for the morning, talking to young, newly minted Massachusetts lawyers about ethics.

1. This is a big deal, though only lawyers will care. Finally, California has ditched its confusing, multi-source (some ethics rules were laws, some were regulations), antiquated legal ethics rules, and became the last of the jurisdictions, including D.C., to adopt the American Bar Association’s template for legal ethics guidance. Yes, in one area, if not the most important ones, California is moving closer to the rest of the country! There is hope!

2. Ally’s lament. Ally Sheedy, whom you might recall from “War Games” and “The Breakfast Club,” is one of Hollywood’s more articulate and thoughtful performers. She recently penned a post condemning Hollywood sexism, and its effect on her career. Essentially the essay amounts to a complaint that Hollywood is obsessed with appearances and, with women, sex appeal.

I like Sheedy, and I was pre-inclined to respect her observations (which are certainly accurate), but I have to admit that unsympathetic blogger Amy Alkon has a point. She writes,

“..professional actress Ally Sheedy takes it upon herself to lament the looks-driven reality of Hollywood — which is kind of like lamenting how in professional baseball, somebody’s always throwing a ball your way. …This is the movies, dear, not the genetics lab. Her entire essay is an example of intrasexual competition — criticizing and trying to change the standards of female competition by one who falls a bit short of them.Because so many people are so ignorant of our evolved psychology and in denial of biological sex differences (and the psychological sex differences that come out of them), they don’t get that there is pressure on men, too, to meet women’s differing mating priorities.As for those differing priorities, well…you don’t see men writing essays about how rotten it is that you can’t get a hot girlfriend (or probably any girlfriend) while unemployed and sleeping on a couch in your grandma’s basement.”

Yikes. And they say I’m tough… Continue reading

Ethics Alarms Déjà Vu And The President’s Infrastructure Proposal

The President has proposed an infrastructure upgrade, more or less. I don’t care about the numbers: whatever it is, it’s not enough. It is, however, something, and infrastructure renewal is a national emergency, indeed a crisis, that should not be derailed by partisan bickering and gamesmanship. Will it further exacerbate the ballooning debt? Yes. Unlike much of the spending that has dug the nation a deeper hole than it is likely to ever escape, however, infrastructure is not discretionary spending.

Jonah Goldberg just issued a mind-meltingly ignorant and dishonest column for the Los Angeles Times titled “Is American infrastructure crumbling? Hardly.”

Shame on him. This is Trump Hate as national suicide. Our infrastructure has been crumbling for decades, with each year of neglect guaranteeing bigger expenses and hidden burdens on the economy, not to mention that cholera outbreaks when the sewage pipes and water pipes start breaking coast to coast.

I’ve been writing about this unethical nightmare of irresponsible leadership and government for years, here and elsewhere. Nothing has changed. Where necessary, as you read these excerpts from 2010 and 2011, just change the name of the President or the parties. The situation hasn’t changed, other than getting worse:

From Blame Everyone for Infrastructure Ruin: Unethical, Irresponsible Priorities from Reagan to Obama…

In the early Eighties, I oversaw and edited an independent study funded by the Highway Users Federation and the National Chamber Foundation called “Transport Tomorrow,” exploring the immediate need for transportation infrastructure repair and expansion in all modes of transportation: roads, railway, waterway, and airports. In the process of learning how dire the need for massive construction and repair was if America’s future commercial needs were to be met, the study commission made a disturbing discovery: urban water and sewer systems were crumbling too. There was literally not enough money to fix all the roads, bridges, tunnels, water mains and sewer pipes that had to be fixed, and the consequences of not doing so would be economic paralysis and worse, disease and even social unrest.

In the face of this looming and undeniably real disaster, the Reagan Administration did—pretty much nothing. Neither did the Bush, Clinton and Bush II administrations, and even the Chamber of Commerce failed to make infrastructure repair one of its key issues. Oh, there were new projects, of course, and when a major bridge started to dump cars into rivers it was repaired. Holes were patched, pipes were replaced here and there. But the full-fledged commitment to the unsexy and incredibly expensive job of keeping the infrastructure sufficient to meet the needs of the nation, and protecting it from the ravages of use and time was deferred, and deferred, and deferred. Something was always more important: wars…tax cuts…the environment…health care. The Obama Administration is following this irresponsible pattern, except it has combined with the profligacy of the Bush Administration to push the Federal deficit into unprecedented dangerous territory. New taxes on just about everybody and everything are going to be needed to stave off financial ruin, and there will be little political will to spend any of the income on something as mundane, but crucial, as sewers.

The problem, however, has become infinitely worse since 1983, when “Transport Tomorrow” was released, and then as now, the attitude of our elected leaders is to let the next guy deal with the problem. Is this responsible? No. Is it cowardly? Yes. Is it a blatant, intentional and knowing distortion of priorities that will threaten American prosperity, jobs, and lives? Absolutely….

From Ethics Heads-Up: When the President Talks About “Investment in Infrastructure,” Pay Attention: Continue reading

Harvey Pet Rescue Ethics

I was watching a Fox News live feature about heroic efforts in Houston to rescue animal companions. I am an animal lover, and my wife is an animal worshiper, so this aspect of natural disasters is close to our hearts.

We were told that one sheriff has been going door to door for days searching for endangered non-humans in the flooded areas. Awwwww. Fox caught up with him as he was leaving one domicile with the owner, who had with him the rescued pet: his 9-year-old son’s…

hermit crab.

His name is Crabby.

Wait, what???

We’re arguing about such dire conditions in Houston that looters are running amuck, and hearing about overwhelmed rescuers and rising death rates, and this sheriff is spending hours rescuing hermit crabs?? The tragedy is down to that then? We’re at the endangered hermit crab stage of triage, are we?

Observations: Continue reading