professionalism

When Does A Nasty E-Mail Exchange Constitute Punishable Unethical Conduct?

/ Jack Marshall / 1 Comment

Now we know—at least when Florida lawyers are concerned.

Tampa lawyer Nicholas F. Mooney  and Palmetto lawyer Kurt D. Mitchell received suspensions from the Florida Bar and the Florida Supreme Court after an escalating e-mail exchange that  continued over six months.

A lack of civility is considered a breach of professionalism in all jurisdictions, but not an ethical violation calling into question fitness to practice law—the standard for bar discipline—unless it is extreme, and usually not until there have been warnings issued. Apparently this particular spat was just too much for the Bar to take, perhaps because it reflects badly on the entire profession. Continue reading →

Ethics Dunce: Red Medicine Owner Noah Ellis

/ Jack Marshall / 9 Comments

Red Medicine is a Beverley Hills restaurant; Noah Ellis is the owner. S. Irene Virbila is the Los Angeles Times restaurant critic, who, like most U.S. food critics, works at staying anonymous, which she had successfully done for sixteen years. Not being recognized served the needs of diners, who want to know what the food and service is likely to be at an eating establishment when the customer isn’t preparing to write a critique that can make the difference between a restaurant’s long-term success or failure.

Last week, Noah Ellis intentionally destroyed Virbila’s ability to perform this service, or at least made it more difficult. Continue reading →

Lindsay Lohan Has Privacy Rights Too

/ Jack Marshall / 3 Comments

Lindsay Lohan brings enough problems on herself. She doesn’t need unethical professionals to make her life even more chaotic by violating her privacy rights. Continue reading →

Ten Useful Ethics Alarms

/ Jack Marshall / 2 Comments

It occurred to me, after more than a year, that I’ve never actually posted the basic ethics alarms we all should have installed and in working order, ready to sound when we are in, or about to be placed in, situations that are rife with ethics peril. Here are ten basic ones; there are lots of other useful ethics alarms to have, but these will serve you well. When one starts buzzing, it’s time to step back, thinks, and perhaps most useful of all, talk to someone whose ethical standards and reasoning you trust: Continue reading →

The Indignity of Security Procedures, Civility Standards and Our Duty To Enforce Them

/ Jack Marshall / 5 Comments

Perhaps it is because I had to suffer two of the new airport security feel-ups last week, but by willingness to tolerate surliness, hostility and rudeness from security personnel is officially over. Oh, the TSA’s trained molesters are not the problem in that regard; they are almost always cheerful, polite and deferential, more so now, since they have to virtually thrust their gloved hands into my nooks and crannies. It is the security personnel controlling access to public buildings who are too often lacking in congeniality and professionalism, and I’m not putting up with it any more. You shouldn’t either. It is our duty not to put up with it Continue reading →

Unethical Quote of the Month: MSNBC’s Rachel Maddow

/ Jack Marshall / Leave a comment

“Yes, this has happened to a smaller degree before. In 1994, in the first mid-term election after the last Democratic president was elected, we got a slate of candidates that included Helen Chenoweth of Idaho and Steve Stockman of Texas. These two were so close to the militia movement in this country that Mr. Stockman actually received advance notice that the Oklahoma City bombing was going to happen.”

—-Rachel Maddow, rising MSNBC star, attacking the current slate of anti-big government Republicans and Tea Party stalwarts.

As I have mentioned here before, when the going gets tough, the tough get unethical. As the certainty of a Red Tide washing over Congress, the Senate and the state houses becomes more inevitable with each passing day, frustrated partisans in the blogosphere and news media are lashing out in frustration, allowing their commentary to become even more shrill and their respect for essentials like facts and fairness to shrink to the vanishing point.

Maddow is an especially depressing case in point. She is a talented television personality and a sharp analyst, but her passionate progressive leanings sometimes overwhelm her professionalism, and this time, she crashed over all ethical lines. Continue reading →

Handshake Ethics, Professionalism, and Rand Paul

/ Jack Marshall / 16 Comments

Democrat Jack Conway, attempting to take down his opponent for the U.S. Senate seat in Kentucky, Rand Paul, decided to go low. He employed a number of personal attacks including questions about Paul’s participation in a harmless, if bizarre college prank that had been the subject of a blatantly unfair article in Gentleman’s Quarterly. It was a desperate, mean, and unprofessional performance by Conway. Paul was obviously and understandably furious.

At the end of the debate, Paul rushed by Conway, ignoring his outstretched hand. I sympathize with him. I empathize with him. In the heat of the moment, having just had my opponent smear me on television with tales out of school—literally—I might have even done the same thing, though I hope not. Nevertheless, Paul rejected a vital ritual as well as a cardinal rule of civility in the political arena, where, as in the sporting arena, the handshake after the contest sends a symbolic message of reconciliation, forgiveness, respect, and most of all, professionalism. Continue reading →

Is “Have a Nice Day, You Piece of Shit!” An Unethical Goodbye?

/ Jack Marshall / 10 Comments

An ethics complaint has been filed against an Illinois attorney who, as he left a courtroom, bid farewell to his opposing party with the words,  “Have a nice day, you piece of shit!” The alleged legal ethics violations are Illinois Rule 4.4, which prohibits using means that have” no substantial purpose other than to embarrass, humiliate or burden a third person,” and Rule 8.4, which among its provisions forbids “conduct prejudicial to the administration of justice.”

It seems unlikely that the Illinois Bar will find these Rules to have been violated to the extent justifying discipline. Make no mistake: the statement is unethical. Continue reading →

ER Ethics: “Oh…should I not have done that? Was that wrong?”

/ Jack Marshall / 2 Comments

Most Unethical Facebook Conduct of the Week: Staff members at a Long Beach, California hospital took pictures of a gruesomely wounded man in the emergency ward (his throat was cut) and posted them on Facebook. Yes, they really did they did. Continue reading →

Well, If The Washington Post Won’t Fire A Reporter For Intentionally Publishing Lies, At Least It Gets Angry At Him

/ Jack Marshall / 2 Comments

Mike Wise, a Washington Post sportswriter and columnist deliberately posted a phony scoop (about Pittsburgh Steelers quarterback Ben Roethlisberger) on Twitter, as an experiment to see how widely it would be picked up. His plan, he now says, was to correct the lie with a follow-up tweet.  Due to bad luck or the intervention of the God of Journalism, however, his Twitter account froze, and what was supposed to be a near immediate correction took almost forty minutes. Several internet sites, from the Miami Herald to NBC’s ProFootballTalk, passed on the original tweet, attributing it to Wise.

Faced with a staff reporter who intentionally published a lie for no other reason than to see what would happen, the Post reacted according to its concern regarding the seriousness of his conduct—that is, deceiving those who trust him, as a member of a legitimate media organization, to report only the truth and to respect the trust of his and his paper’s readers—and suspended him for one month. Continue reading →