Most Unethical Substack Essay of the Month: David Hirsch

I know this guy (not the guy in the picture: that’s Ben Stiller as “Mr. Furious” in “Mystery Men”), an opinionated retired lawyer convinced of his own intellectual superiority. I was still surprised at the bias and incompetence of his recent substack post titled “Trump: Death by Yesbuts.” Yet because it is another manifestation of extreme Trump Derangement, my Trump Deranged Facebook friend, another retired lawyer whose intellect is to Mr. Hirsch’s as Elon Musk’s is to a sea sponge, actually linked to this thing approvingly on Facebook. It is to weep. Is stupidity contagious now? Do we need a vaccine?

The author signals his incompetence and ethical vacuum in his very first paragraph by mocking jurors in a hung jury who told him, “Of course there was a reasonable doubt, but he was guilty.” We are not even told which side the jurors voted for, a factor rather crucial to making sense out of his analogy. That statement by itself would be consistent in the mouths of any of the jurors in Reginald Rose’s “Twelve Angry Men” who finally acquit the almost certainly guilty accused because the prosecution didn’t sufficiently prove the case against him. It was very reasonable for any juror to conclude that the kid committed the murder but that nonetheless, he was not proven guilty in court. In fact, this was my conclusion after watching the whole O.J. Simpson trial.

The rest of the article quickly devolves into standard anti-Trump distortions, name-calling and bias, as well as the familiar narrative discussed in my previous post. Hirsch writes,

Back in 2017, [Trump] told the Conservative Police Action Conference that “Nobody loves the First Amendment more than me.” But, he added, “The fake news doesn’t tell the truth. It doesn’t represent the people. It never will represent the people. We’re going to do something about it.”

In other words, “Yes, but….” “Freedom of speech” is a great phrase but the speech better not say bad things about me!

False translation, but then bias makes you stupid. Fake news doesn’t serve the people. Fake news is a blight on democracy, and it is very important to do something about it. Trump was not talking about news “saying bad things,” he was talking about the deliberate manipulation of facts for partisan gain.

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Ugh! Ethics Dunce—AGAIN—: University of Houston Law Professor Renee Knake Jefferson

This is an example of why I am disgusted with my field and chosen profession. Just last month I designated Jefferson, a legal ethics professor among other things, as an ethics dunce for her blatantly partisan and biased commentary. This time, it’s personal.

Seeking to find a reliable, trustworthy, accurate source of legal ethics news and developments (since the demise of the excellent legal Ethics Forum, I am reduced to the scattershot, overwhelmingly left-biased commentary on the APRL listserv), I subscribed to the professor’s substack, Legal Ethics Roundup, taking seriously her promise that it would supply a “Monday morning tour of all things related to lawyer and judicial ethics.” But the Legal Ethics Roundup I received this morning, like all its predecessors this month, cheerfully informed me that “For the month of August, the Legal Ethics Roundup is on pause.”

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Ethics Dunce: University of Houston Law Professor Renee Knake Jefferson

I have resolved to be more vigilant in calling ethics fouls on the various repeat ethical transgressions that proliferate in our society and political discourse. I wrote about some of them here; I just encountered another in an alleged legal ethics news letter. An alleged legal ethics newsletter that I have to pay for. Uh-uh, I’m not letting that pass. I was already triggered because I saw another TV commercial where two people were playing chess and the board was set up wrong. As soon as I see it again and note the product, I will out the company here. For so I have sworn.

Renee (Newman) Knake Jefferson is, she tells us, a law professor and an award-winning author. She “regularly consults on matters related to lawyer/judicial ethics and the first amendment and lawyer speech.” Jefferson holds the Doherty Chair in Legal Ethics at the University of Houston Law Center where she teaches ethics, constitutional law, and a writing seminar on gender, power, law, and leadership. Based on these credentials and the fact that a lot of the legal ethics blogs have been going defunct lately, I decided to subscribe to her weekly Legal Ethics Roundup at substack which promised to keep me up to date on significant developments in the field.

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