private life

Is There An “Almost Naked Lovely Lawyer Principle”?

/ Jack Marshall / 7 Comments

cathy-mccarthy

Not really.

But it’s complicated.

Cathy McCarthy (above) is a 2013 graduate of Loyola Law School-Los Angeles, and she is sounding the clarion call for the right of bikini model-lawyers to be taken seriously. She wrote…

I graduated law school a year ago after receiving an academic scholarship and passed the California Bar last November on my first try. I am also a model and have had moderate success, building fan base of over 26,000 people where I do mostly bikini promotions. Does this make me better or worse at my job? According to some people, it makes me unable to be taken “seriously” in the business community. In fact, two weeks ago, I was reprimanded by a coworker for my online presence and was told to “handle the situation.”I fought back and was ultimately let off the hook, but this is not the first time that I have faced backlash from colleagues who think that a lawyer should not also get the privilege of “looking hot in a bikini.”

Unlike the case with primary and secondary school teachers, where a published presence on the web that is sexually provocative can interfere with a healthy student-teacher relationship, there is no automatic impediment to a lawyer client relationship posed by the lawyer moonlighting as a bikini model, a fold-out, or even a porn star. The profession acknowledges this in several legal ethics opinions affirming lawyers’ First Amendment rights. Lawyers can express themselves any way they choose, provided that it does not undermine their ability to represent their clients in any way. Continue reading →

Further Thoughts On “The Vampire Candidate”

/ Jack Marshall / 90 Comments

dracula for congress

I don’t want to make this Vampire Day, but after reading the comments so far on today’s Ethics Quiz involving Florida Congressional candidate/ fantasy vampire role-play enthusiast Jake Rush, I realize that the original post omitted some important points and queries. Here, in no particular order, are my further thoughts:

  • The Ick Factor? Both conservative and liberal commentators are ridiculing Rush, essentially concluding that his hobby disqualifies him as a serious candidate. The most quoted source referred to the images embraced by Rush’s role-playing group as “disturbing,” “bizarre,” and “unsettling.” Do these reactions signal a rejection of Rush’s values, or is this a clear-cut example of the “Ick Factor,” which is often mistaken for unethical conduct? Strange does not mean wrong or unethical.
  • Trust. When we elect leaders, we must trust them. “Strange” by definition suggests unpredictability; if we don’t understand why people do what they do, it is hard for us to know how they will behave, and if we don’t know how they will behave, we can’t rationally trust them.
  • Integrity. I should have raised the issue of integrity, for it is critical to the problem. Integrity is essential to trust, and a candidate like Rush raises the question: “Who, or what, is this guy?” Is he a “straight-shooting” conservative who likes to play vampire in his spare time, just like some politicians like to play poker or watch synchronized swimming (now that’s what I call weird), or is he a wannabe creature of the night who is just playing a conservative Republican in the daytime to conform to the expectations of conventional society? If there is doubt about that, then his integrity is in question.

Continue reading →

Ethics Quiz: Trust and the Vampire Candidate

/ Jack Marshall / 85 Comments

jake-rushConservative Republican candidate Jacob A. Rush, a 35-year-old attorney, has begun a campaign in Florida’s 3rd Congressional District to win the primary against incumbent U.S. Rep. Ted Yoho, a Tea Party stalwart seeking a second term. Rush’s campaign website portrays  him  as a “conservative straight shooter,”and he may indeed be that. A Florida blog uncovered the fact that Rush is also, however, a long-time member of the Mind’s Eye Society,  “a nationwide community of gothic-punk role-players who take on the personas of vampires and other supernatural beings” for fantasy battles “against their own bestial natures, hunters, and each other.”

It’s all fun and games with improvisational theater tossed in, though with a decidedly adult set of themes. Rush liked ( likes?) to play a character named “van de Winst”, a lusty vampire, and photos of the lawyer were found on the web showing him and/or members of his club, playing vampire,  burning books, aiming shotguns at dogs, pretending to be demons, displaying Satanic symbols, being chained and gagged…you know, that kind of thing. Fun stuff.

After this all came out—how could he think it would not?—Rush explained in a press release:

“All my life, I’ve been blessed with a vivid imagination from playing George Washington in elementary school to dressing up as a super hero last Halloween for trick or treaters. Any cursory review of the Internet will show that I have played heroes and villains…. I have never hid nor shied away from disclosing my hobby activities. When I was hired at the Sheriff’s office, I fully disclosed my gaming and theatre background on the application, and these hobbies posed absolutely no problem or raised any flags. In fact, when applying for undercover work, these hobbies were considered an advantage, so much so my shift lieutenant nicknamed me ‘Shakespeare.'”

And he included this photo of him and his wife…

Rush and wife

…wisely choosing not to send this one:

Rush vanpire

WOW.

And thus your Ethics Alarms Ethics Quiz for today is….

Is it  Jacob Rush’s unusual personal hobby relevant to his ability to serve in Congress?

Continue reading →

Toronto’s Pathetic Mayor: What’s The Question?

/ Jack Marshall / 8 Comments
If Chris Farley had been elected mayor....

If Chris Farley had been elected mayor….

I’ve received a wave of emails from helpful readers, with links to news reports about Canada’s shame,  drunk, crack-smoking, lying Toronto mayor, Rob Ford. “Write about this!” they suggest.

Write what?

The mayor of a major Canadian city is a law-breaker, a substance abuser, an addict, and ill. When your defense to a video showing you smoking crack is “I was so drunk, I don’t remember it,” that should say it all. He initially lied about the allegations of his crack use. He calls up radio stations in a drunken state. He is caught on tape drunkenly screaming that he want to murder someone. His various public stances to keep his job have ranged from shameless appeals to pity— “I hope none of you ever find yourself” in such a state, a reverse Golden Rule tactic that amounts to arguing “Do unto others as you would want others to do unto you if you were the irresponsible, addict mayor who will do and say anything to stay in office”—to that old stand-by, Bill Clinton’s “I’m just going to concentrate on doing my job and accomplishing what the voters elected me to do,” as if they elected Ford to embarrass the city. Continue reading →

The Unprofessional Cause Of Unprofessional Lawyer Brian Zulberti

/ Jack Marshall / 38 Comments

Brian ZYoung Brian Zulberti may be nice guy. He may even be a competent lawyer, though the chances of his being able to demonstrate that are diminishing daily. Nevertheless, his quixotic and misguided, and dare I say it, really stupid, quest to show that professionalism, judgment and character are not properly relevant to the practice of law is an exercise in hubris that must fail, deserves to fail, and of course, will fail, leaving him to pick up the pieces of fifteen minutes of media fame purchased at the price of a reputation. It looks like he’s having fun, and that’s something, I guess. Ten years from now, I doubt that he’ll think it was worth it.

Shortly after passing the Delaware Bar, Zulberti, a 2009 law school grad,  emailed the entire Bar membership asking for a job. In lieu of his résumé;  he attached a photo of himself in a Villanova Law muscle shirt that would be more at home on a dating site for the shallow. The web also contained his half-naked selfies, and various websites with varying motives picked up the story. Interviewed on YouTube, Zulberti proclaimed that being true to himself was more important to him than getting hired, and that he wasn’t about to change his Facebook privacy settings to portray himself as a traditional, dignified, applicant for legal work.

Let me pause here to say that in many ways I sympathize with Zulberti. Continue reading →

Ethics Quiz: Is There A “Cop Who Paints Weird Naked Women Principle”?

/ Jack Marshall / 28 Comments

I know we just had an Ethics Quiz, but this is too good to pass up.

San Francisco police officer Gared Hansen has filed a lawsuit against the city. He says he was unfairly suspended because in his non-uniformed down-time, he is an artist with an unusual passion. He photographs nearly-naked women dressed, made-up, or painted to evoke mythical creatures. You know, like this:

Or this…

..or, if you prefer, this:

So here is your Ethics Alarms Ethics Quiz for this Sunday:

Is such a hobby engaged in by one of its number sufficiently damaging to the credibility, dignity and image of the SF police force that it is reasonable for the officer to be disciplined? In short, should there be a corollary to “The Naked Teacher Principle” called the “Cop Who Paints Weird Naked Women Principle”? Continue reading →

Bret Favre, Meet Derek, LeBron, and Tiger

/ Jack Marshall / 4 Comments

Recent revelations about Joe DiMaggio’s conduct while doing PR work for the military during World War II shocked some people who had been humming “Mrs. Robinson” over the years. Joe, as insiders had long maintained, really was a selfish and anti-social guy, far from the knight in shining armor that the public took him to be. But he played his hero role well when he was in the public eye, and that is to his credit: DiMaggio met his obligation as a hero-for-hire. Athletic heroes are challenged to live up to their on-field character, and not surprisingly, few are equal to the task. One who was has been back in the news lately: Stan (the Man) Musial, the St. Louis baseball great who will soon be awarded the Medal of Freedom by President Obama.

In these anxious times when every institution and every champion seems to betray us eventually, sports heroes who can remain untarnished are especially valuable, which is one reason why they earn so much money. On the field, court, course, ring or track, they can exhibit courage, trustworthiness, selflessness, leadership, sacrifice, diligence, loyalty, fair play and sportsmanship to inspire us and serve as role models for our children. All they have to do is avoid showing that it is all an illusion after the games are over. It shouldn’t be difficult, yet it is.

Tiger Woods only needed to be a responsible and trustworthy husband and father. LeBron James only had to avoid revealing himself as a fame-obsessed child. Derek Jeter only had to resist the impulse to extort the team he symbolized for money he neither deserved or needed. Yet they couldn’t, or wouldn’t do it. They hurt their own images, reputation and legacy beyond repair, but more important, they robbed us of heroes that we sorely need.

The latest addition to the pantheon of fallen idols is Bret Favre, the star NFL quarterback now suffering through the humiliating final season that was more or less guaranteed by his inability to retire while he could still pick up a football. Continue reading →

Next On The Tea Party Disgrace Parade: Joe Miller

/ Jack Marshall / 7 Comments

Does anyone know what ethics is in Alaska?

Apparently nobody who runs for office up there. Fresh off of defeating GOP Senator Lisa Murchowski (who became senator in a blatant act of nepotism by her father)  in the primary for this years U.S. Senate race, thanks to the endorsement of former Alaska governor Sarah Palin (who abandoned her post to cash in on her media fame), Joe Miller announced to the press that he will no longer answer reporters’ questions about his background and personal life.”We’ve drawn a line in the sand,” he said. “You can ask me about background, you can ask me about personal issues, I’m not going to answer them. I’m not. This is about the issues. … This is about moving this state forward, and that’s our commitment.”

Ethics alarm! Whenever a candidate says that “personal issues” are off the table, and that the election is about “moving the state forward,” you can bet the candidate has a bloody skeleton or six in his or her closet that will tell the voters something important about whether the candidate can be trusted. Continue reading →