professionalism

The American Bar Association Has Lost Faith In Professionalism, It Seems.

/ Jack Marshall / 12 Comments

For as long as I can remember, lawyers took pride in that fact that they could pound away at each other in the court room, shout, sneer, mock and beat an adversary into a metaphorical pulp, and put it all aside the second the case was finished. The idea that being friends, even close friends, with an opposing advocate compromised a lawyer’s determination and willingness to fight for his or her client was an anathema to the whole concept of professionalism. During the Civil War, West Point classmates on opposite sides sometimes met before a battle, shared a whisky, old memories and a few tears, and the next day did their best to kill each other. That mindset was analogous to how I was taught lawyers were supposed to behave, and, indeed, did.

Now the American Bar Association has apparently decided that it was all a myth. In  Formal Opinion 494, “Conflicts Arising Out of a Lawyer’s Personal Relationship with Opposing Counsel,” the ABA expresses doubts that many lawyers are up to the task.

“A personal interest conflict may arise out of a lawyer’s relationship with opposing counsel, the ABA now says. “Lawyers must examine the nature of the relationship to determine if it creates a …conflict and, if so, whether the lawyer reasonably believes the lawyer will be able to provide competent and diligent representation to each affected client who must then give informed consent, confirmed in writing.”

The opinion breaks possible personal relationships into three categories:

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As An Ethics Alarms Public Service, Here’s Another Reminder Of What A Phony, Dishonest, Brain-Dead “Factcheck” Site Snopes Is

/ Jack Marshall / 5 Comments

Judge websites, social media platforms and your friends who rely on this flagrantly unethical site  as authority accordingly.

For some reason there has been an outbreak of tips to Ethics Alarms involving the usual Snopes stunts, including its factchecking  the conservative satire site, the Babylon Bee. Reader Pennagain reminded me of this classic though, which nicely sums up Snopes in a concise, stinky package.

The Snopes question it supposedly examined (but didn’t) in a 2018 “FactCheck” has resurfaced because there is a new podcast about the Banks tragedy. (I can tell when Banks’ story is attracting attention again when the EA post about Wanetta Gibson starts picking up traffic.)

Here’s the rest of that “factcheck”:

Snopes pulls this bait and switch trick a lot. The answer to linkbait question ‘Was Banks wrongly convicted of rape?” is  “Yes”, and any assertion to that effect isn’t “mostly true,” it’s absolutely, 100% true. Beneath the question that heads the “inquiry,” Snopes significantly rephrases the “claim” which it then “debunks” by giving us the breathless revelations that Gibson didn’t recant ON Facebook, she contacted Banks through Facebook and then confessed in person, and that Banks “only” served 5 years and two months, not “six.” Continue reading →

“Oh The Humanity!”

/ Jack Marshall / 13 Comments

Today is the anniversary of one of the most vividly recalled disasters in U.S. history.  On May 6, 1937, the German passenger airship LZ 129 Hindenburg, a flying equivalent of The Titanic,  burst into flames while trying to dock with its mooring mast at the Naval Air Station in Lakehurst, New Jersey. The conflagration was captured in spectacular and now iconic newsreel footage, as well as in dozens of photographs.

Many  are surprised to learn that there were only were 35 fatalities in the explosion, 13 passengers and 22 crewmen,  among the 36 passengers and 61 crewmen on board (There was one fatality on the ground). The accident looked far more horrible than it was.

The appearance of the accident was so spectacular that it ended the passenger airship business That’s a  classic example of the Barn Door Fallacy, in which the reaction to  predictable and often inevitable disasters leads to  emotional over-reactions, as if by retroactively making an event impossible it can be reversed. Airships were a safe mode of travel (and a luxurious one: remember “Indiana Jones and the Last Crusade”?) in good weather when they were filled with Helium. The Hindenburg and other German Zeppelins used highly flammable hydrogen, making them flying tinderboxes, just waiting for a spark. But once the fireball that the ship became was gasped at world wide, no  explanations could make the visceral image recede. Nobody wanted to get on those things again. Continue reading →

And Now Chris Cuomo Scores A Jumbo!

/ Jack Marshall / 4 Comments

When we left CNN’s quarantined (when he feels like it) anchor, he was telling SiriusXm listeners how sick he was of his job, among other complaints.

Now he’s doing his Jimmy Durante impression (“Elephant? What elephant?”) and denying , Bart Simpson-style…

… that he did what he did when there is absolutely no question that he did it. The Clinton version of Bart and Jimmy’s tactics is “Deny, deny, deny.”

From the Hollywood Reporter:

“It’s not true,” Cuomo said today. “I never said it. I never meant it…I have never been in a better position, professionally, than I am in right now. They’ve been so good. They’ve been so supportive of me in ways I could never have imagined. … I’ve never had a group of people professionally care about me the way they have shown. I’ll never be able to repay them, but I’ll try hard to do so. I’ve never been more grateful. I’ve never been on a better team….I love where I am, I love the position that I’ve been given, and I love who I’m doing it with. Those are all matters of fact for me. No place has ever been better to me. No place has ever given me the opportunities that [CNN president] Jeff Zucker has.”

Well, which is it, Chris, not true, something you didn’t say, or something you didn’t mean?

Cuomo is ridiculous. How CNN expects any sentient being to trust a reporter, pundit or whatever he is who would deny he said what he said on the air the day before, and quite flamboyantly too, is unfathomable.

Fredo Snaps

/ Jack Marshall / 10 Comments

Chris Cuomo is a fascinating case. Maybe someone will write an opera about him.

He’s the younger, less ambitious, less accomplished son of a popular and (in some circles) revered governor of New York. If the term privileged has any meaning at all, it applies to him. He graduated from elite schools, including law school, but as he has proven again and again, he neither acquired any skill at critical thinking, nor at legal reasoning and the basic principles of law. He’s emotional, and not very bright. The younger Cuomo was blessed with good looks, a usually amiable nature, and charisma, and these, along with some excellent contacts, were enough to get him an anchor’s position on CNN. In this position he has embarrassed himself repeatedly; fortunately for him, the news organization he works for has become immune from embarrassment, as evidenced by the fact that it also  employs Brian Stelter and Don Lemon, among others.

Every now and then his amiability is cracked open to reveal the traditional frustration and anger of the lesser son. Cuomo erupted a while back when he was first referred to as “Fredo,” alluding to the elder but mentally deficient son of Vito Corleone in the “Godfather” saga. The nickname is mean but apt, and frankly, as long as CNN allows someone of Chris Cuomo’s limitations to pretend to inform its audience, it is also useful. Cuomo is a fraud, and by presenting him as a trustworthy journalist, CNN is mistreating its audience. Yes, I’m sure Cuomo does the best he can, but then, so did Fredo Corleone.

Cuomo is ill with the Wuhan virus, and quarantined. I’m sure this is hard for him, but his stresses are still less than those of most Americans. He’s broadcasting (and making a fool of himself) from home; he’s getting a 7-figure salary; his ordeal is relatively minor.

Apparently a confrontation with  someone Cuomo considers one of the little people  on Easter Sunday caused the CNN anchor to snap and reveal the turmoil within, much like Fredo in his famous lament to Michael in “Godfather II.” On his Sirius-XM  satellite radio show, Cuomo vented about the incident, in which a stranger on a bicycle confronted him on Easter Sunday for being outside his Southampton home with his family despite the positive Wuhan virus diagnosis. Continue reading →

Ethics Hero: Exotic Dancer Genea Sky, Who Kept A-Goin’

/ Jack Marshall / 25 Comments

To get the day off to an inspirational start: in the video above, now going viral across the net and deservedly so, Dallas exotic dancer Genea Sky falls almost 15 feet from her pole, lands on her face, and keeps twerking until she leaves the stage for urgent medical attention. The fall, which occurred over the weekend,  fractured the dancer’s jaw, which was operated on the next day, broke some teeth,  teeth and sprained her ankle.

On the plus side, she provided a visual example of professionalism, dedication, and guts for the ages. Her diligence in continuing to dance even after the accident is a marvelous exhibition of character. A GoFundMe page set up to help pay her medical expenses has raised more than $20,000.

Good. Sky deserves it. She had a job to do, and by God, she was going to do it. Continue reading →

Saturday Ethics Warm-Up, 2/8/2020: “Procrastinating To Delay Writing About Another Debate” Edition [CORRECTED]

/ Jack Marshall / 7 Comments

Good morning.

Way, way too much ethics-related politics this past week. I keep getting complaints about all the political content, and it annoys me too, but I don’t know what kind of alternatives I have. Back in the sane days, the idea of a House Speaker planning on tearing up the official copy of the State of the Union speech would have been the stuff of Saturday Night Live…when SNL would make fun of Democrats, anyway. I’m trying to keep the politics to a minimum. I swear.

1.  The Astros cheating scandal, cont. Would you wonder about this answer? A.J. Hinch, the ex-Houston Astros manager who was fired and suspended by Major League Baseball for allowing an illegal sign-stealing scheme to be used by his players for the entire 2017 World Champion Astros season, finally sat down for an interview.   When he was asked whether Houston players had utilized buzzers in their uniforms to receive signsduring the 2019 season as some have claimed based on inconclusive evidence and rumors, Hinch only would answer, “The Commissioner’s Office did as thorough of an investigation as anyone could imagine was possible.”

Why not “No”? That was what reporters term a “non-denial denial.”

2. If they advised her to run her sick child through the washing machine and he drowned,  would that be their fault too? The death of a four-year-old boy named Najee is being blamed on an anti-vaxx Facebook group.

The boy had been diagnosed with the flu and the doctor had  prescribed Tamiflu. His mother sought advice from the Facebook group “Stop Mandatory Vaccination” on how to treat her son’s’ illness. The members told her to give the boy vitamins, botanicals, zinc, fruits and vegetables, and to skip the medicine.

“Ok perfect I’ll try that,” she responded. Later that night, Najee had a seizure and died. Continue reading →

Now THIS Is An Unprofessional Lawyer!

/ Jack Marshall / 14 Comments

And juuuuust a bit uncivil, I’d say. I  may be wrong…

In a motion to dismiss an insurance law suit, Allstate’s lawyers revealed this remarkable conduct on the part of plaintiff’s attorney Christopher Hook in his communications during the case. According to the declaration of those attorneys in their motion, Hook said or wrote…

  • “Fuck you crooks. Eat a bowl of dicks.” (Declaration of Peter H. Klee, Ex. 1, p. 5)
  • “I’m going to let the long dick of the law fuck Allstate for all of us.” (Id., p. 7)
  • “Hey Klee you Cumstain the demand is now 302 million. Pay up fuckface.” (Id., p. 8)
  • “Peter when you are done felating your copy boy tell Allstate the demand is now 305 million.” (Id., p. 9)
  • “[Other Sheppard Mullin attorneys] may not be too smart but at least they have some fucking dignity and honor unlike you two limp dick mother fuckers.” (Id., p. 10)
  • “What is Wright going to do when he finds out Allstate is using people who are borderline retarded to adjust complex claims. That’s what I’m going to do. Demand increases tomorrow.” (Klee Decl., Ex. 1, p. 11)
  • “Anytime now faggot.” (Id., p. 13)
  • “I want my clients’ money gay boys.”

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Visual Bias Ethics

/ Jack Marshall / 11 Comments

Let’s see: Hack, hack, probably a hack, and hack.

One aspect of broadcast journalism ethics that the Old Guard—Murrow, Cronkite, Brinkley, Huntley, Thomas and the rest— observed and respected was a neutral demeanor. They knew (and today’s hacks know as well, but with different results), that tone of delivery, body language and facial expressions can convey a journalist’s personal views and biases as clearly as a direct statement. Their practice, therefore, was to maintain a poker face and a matter-of-fact delivery. When Walter Cronkite brushed away a tear while announcing JFK’s death in 1963, it was considered newsworthy because Walter did not bring his own feelings into the news. The consensus was that hee could be forgiven this one time.

If that professional practice is taught in journalism classes any more, it is ignored. Now broadcast journalists and reporters deliberately use every tool at their disposal to signal to viewers what they think, and thus what the viewers should think as well. The election of Donald Trump represented a full-on, industry wide rejection of objectivity by the broadcast media, as many reporters allowed themselves to appear in mourning, or close to tears.  Unlike the assassination of JFK, however, this  was not an excusable exception, or, as we have learned, an exception at all.

Look at the faces of last night’s CNN panel reporting on what had been built up as a bellweather election in North Carolina that, should a Democrat have won, would be string sign that President Trump and Republicans were in trouble nationwide. Is there any doubt who they were rooting for?

This is not only unethical journalism, it’s incompetent journalism.

But that’s the way it is.

Will CNN Have The Integrity To Fire A Partisan, Incompetent, Black, Gay Host?

/ Jack Marshall / 12 Comments

Of course not. But if it comes to a point where that is the dilemma, attention must be paid.

From Fox News (you wouldn’t expect CNN to report this story, would you?):

The former boss of a bartender who earlier this week filed an explosive lawsuit against CNN host Don Lemon, accusing the newsman of a strange, sexually charged assault, told Fox News he witnessed the incident and corroborated his onetime employee’s claim.

In an exclusive interview, George Gounelas, who managed Dustin Hice at the Old Stove Pub in July of 2018, detailed what allegedly occurred on the night of the bizarre encounter at Murf’s Backstreet Tavern, which is located in the prestigious Hamptons area east of New York City. Gounelas is named in the suit filed by Hice.

Lemon, through CNN, has vehemently denied Hice’s allegations.

“Dustin worked for me as a bartender [and] we went out after work one night. We were standing there and he said, ‘Hey, that’s Don Lemon,’” Gounelas said. “Murf’s is a place you go to drink after you’ve been out drinking. We had just gotten off of work. So that’s why we ended up there, because we worked in the restaurant business. So by the time everything is done, we can only hit a late-night spot.”

Hice approached Lemon to strike up a conversation but the newsman declined, according to Gounelas, who said he and Hice then offered to buy Lemon a drink, which the CNN host also declined.

Gounelas said that a few moments later, Lemon came up to them. “Don Lemon has now come around the corner and is standing face to face with us. There is a beam, a pole, in the place. Don’s standing up against the pole, face to face with Dustin, I turn around and I’m standing right there between the two of them,” Gounelas said. “He’s saying, ‘So you like me? Is that why you’re bothering me?’”

Hice responded, “Nah, man, I just wanted to say, ‘What’s up?’” according to Gounelas.

Gounelas told Fox News he couldn’t recall what Lemon said verbatim, but it was “along the lines of, ‘Do you like me? Is that why you’re bothering me, because you wanna fuck me?’” Gounelas said Lemon appeared “pretty drunk” when he confronted the duo at the wee-hours watering hole.

“He put his hands down his pants, inside his board shorts, grabbed his [genitals], and then came out with two fingers and, like, clipped Dustin’s nose up and down with two fingers asking ‘do you like pussy or dick?’” Gounelas said….

Gounelas said he isn’t sure if Lemon, who is openly gay, was being confrontational or simply flirting. “I guess it’s a little of both. If someone had done that to me, I probably would have punched him. But I think it might have been flirting. I think Dustin was more in shock… If someone was flirting with me like that I’d say, ‘alright man I’m not gay,’” Gounelas said. “I wouldn’t go up to a girl like that. It could be his way of flirting.”

Hice continued to work for Gounelas at the now-shuttered Old Stove Pub for the duration of the summer, where his former boss said the bartender was regularly teased about the incident.

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