rudeness

“Are You a Flake?” Ethics

/ Jack Marshall / 19 Comments

"Are you Michele Bachman?"

With only four well-chosen words, Fox News anchor Chris Wallace accomplished several objectives Sunday, all of them in the best tradition of ethical, objective, responsible journalism.

The words were “Are you a flake?,” posed to Minnesota Congresswoman Michele Bachmann, who is running for President.  The question…

1. Properly forced a conservative darling to address her most striking weakness, belying Fox’s well-deserved reputation for bias toward figures its viewers admire…

2. Was a near-perfect example of the “off-the-wall” question technique, which has exposed more than one pretender to high office (Hello, Mike Dukakis!) as less than desirable.

3. Simultaneously gave Bachmann an opportunity to show how quick she could think on her feet while demonstrating important leadership traits like self-awareness, humor, wit, and grace, or, in the alternative, demonstrate the opposite.

How did she do? Well. Judge for yourself: Continue reading →

When The Ethics Alarms Don’t Sound: A Cautionary Tale From Seattle

/ Jack Marshall / 10 Comments

 

%$#@*#!!!

Like all of us, Seattle attorney Ronald Clarke Mattson was infuriated when he found cars parked straddling the lines in crowded parking lots and garages.

It really is rude, inconsiderate, obnoxious and unethical behavior, especially when it is blatant, as when the owner of the Lexis or the Jaguar intentionally takes up two spaces to guard his baby against any accidental dings. This is a statement that rings out loud and clear: “My car is more important than your convenience, and I’ll take up two spaces, robbing you of your right to one, because I matter, and you don’t.” 

I’ve left nasty notes for these jerks, for all the good that does. I’ve complained to stores, and even had them make announcements over their public address systems. On a couple of occasions, when one was handy, I’ve recruited a police officer, and several times I’ve waited for the owner of the car so I could tell him off (if he wasn’t armed or too big).

Once, when the car was a brand new, loaded, shiny  sports convertible, I engaged in the intentional infliction of emotional distress, leaving a note that said that I had used a tool to leave a fairly deep, but small, indentation on his now no-longer-pristine car, and I hoped he had fun looking for it. (There was no such wound, but I am not proud of this.)

If I had a momentary desire to really harm the car, as I may have had once or twice, several considerations set off my various ethics alarms. The Golden Rule alarm wouldn’t sound, because this isn’t a Golden Rule situation: I would never take up two spaces.  Others, however, would:

  • The “Two Wrongs Don’t Make a Right” alarm.
  • The “It’s Against the Law” alarm.
  • The “What If Everybody Did This?” alarm
  • The  “Don’t Take Action That Has No Purpose Other Than To Do Harm” alarm
  • The “Sons of Maj. Jack Marshall Sr./ Lawyers/Ethicists Don’t Act Like This” alarm
  • The “I Would Be Ashamed If Anyone Found Out” alarm, and most of all,
  • The “You Know This Is Wrong” alarm.

And if they all failed to sound, due to poor installation and maintenance? Then I might have done as Ronald Clarke Mattson did, more than once. He pleaded guilty this week to a reduced count of attempted second-degree malicious mischief, a gross misdemeanor, for keying three automobiles in retribution for their owners’ parking misconduct.  He received a one-year suspended sentence, 240 hours of community service, restitution for the three victims, and has to attend an anger-management class.

But his problem isn’t anger management. His problem is malfunctioning ethics alarms.

Mattson has been a lawyer since 1972, and could now face punishment from the Washington State Bar Association, which is charged with making sure that attorneys with faulty ethics alarms seek immediate repairs.

Answer the #@!!*&%! Question, Michele!

/ Jack Marshall / 13 Comments

I don’t have the transcript of David Gregory’s interview with Rep. Michele Bachmann (R.-Min), Queen of the Tea Party, on “Meet the Press,” but it went something like this:

Gregory: Do you think the government should be shut down unless the President agrees to more budge cuts?

Bachmann: I think the fielding of Don Hoak at third base for the 1960 Pirates was truly outstanding, and definitely a key to the team’s success. Baby bok choy is delicious.

Gregory: Let me play you a clip of your recent comments. Do you really believe that the President is trying to jeopardize the economy?

Bachmann: Most people think Anchorage is the capital of Alaska, but it’s really Juneau. And, of course, Anne Boleyn had three breasts.

Gregory: I’m asking a direct question…do you really believe that the President has anti-American motives?

Bachmann: I’m now going to recite everything Barack Obama has done wrong from the second grade to the present, and in pig-latin, just for the fun of it….

Okay, I’m a little sketchy on the details. Continue reading →

Ethics Dunce: Melissa Leo

/ Jack Marshall / 6 Comments

Give the soap to Melissa, Ralphie...

That certainly settled it: Melissa Leo is an inexcusable boor after all.

Winning the Academy Award for Best Supporting Actress, Leo blurted out, “Really, really, really, WOW” and then,“When I watched, it looked so fucking easy!”

And thus do tasteless, disrespectful, uncivil so-called professionals degrade our language, public standards of decency and respect for others. Continue reading →

Golden Globe Ethics: Ricky Gervais’s Hosting Dilemma

/ Jack Marshall / 1 Comment

Hollywood is buzzing and griping about the manner in which Ricky Gervais chose to host the Golden Globe Awards last night. The L.A. Times pronounced him “too nasty,” and it was clear as the night went on that his pointed and often personal jibes at the film and television egomaniacs filling the ballroom at the Beverly Hilton were often infuriating or embarrassing his targets. There was even speculation during the show (via Twitter) that he had been fired mid-ceremony. Continue reading →

Eliot Spitzer, Playing to Form

/ Jack Marshall / 1 Comment

The buzz out of CNN is that its struggling “Spitzer-Parker” talking heads show is on the ropes, and will soon be re-tooled, de-Parkered, or dropped altogether. Nobody who has tried to watch this virtually unwatchable program will be surprised to hear it, nor will anyone be surprised to see the show re-emerge as just “Spitzer” or perhaps “Spitz!” If that is the solution, it will be one more instance in which unethical conduct prevails over its good twin. This is show biz, after all.

It won’t prevail for long. Eliot Spitzer has revealed himself on the show as a selfish, unmannered bully, as well as an old-fashioned male chauvinist pig. Continue reading →

Mailbag: Why Different Ethical Standards for Food and Theater Critics?

/ Jack Marshall / 9 Comments

“Dear Mr. Marshall: Don’t you find it odd that in one post you condemn theater critics for coming to review a play uninvited, yet slam a restaurant owner who exposes the identity of a restaurant critic trying to review his establishment surreptitiously? Why are consumers served by secret food reviews, but not by secret show reviews? This is why people hate people like you.” Continue reading →

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 →

Ethics and the CALM Critics

/ Jack Marshall / 3 Comments

The Commercial Advertisement Loudness Mitigation, or CALM Act, is now on the way to President Obama’s desk. The law addresses a long-time irritation to TV viewers, who have been complaining about television commercials booming out at ear-splitting volume as soon as a moderately-loud program takes a break. The advertising trick, which has been around for a while, has become even more blatant in recent years with availability of new sound technology. Some televisions have been equipped with devices that supposedly even out sound variations, but they do not completely solve the problem. The new legislation directs the Federal Communications Commission to require advertisers, within a year, to adopt industry technology aimed at lowering the volume on televised sales pitches.

This is a classic example of law doing what law is supposed to do: step in when individuals or organizations refuse to respect ethical values and cultural norms in the pursuit of their own self-interest, and set penalties to inspire them to engage in fair conduct, since “doing the right thing” isn’t motivation enough. Continue reading →