The Unethical Tom Brady Conduct He Isn’t Being Punished For

This isn't the graphic for this post for the reason you think it is...

This isn’t the graphic for this post for the reason you think it is…

The NFL surprised me a little yesterday—but pleasantly— by hitting New England Patriots quarterback Tom Brady and his team with something approaching an appropriately tough penalty for cheating in a playoff game, lying about it, obstructing the NFL’s investigations, and then acting as if the whole mess was a joke. The NFL suspended Brady for four games, stripped the Patriots of their first-round draft pick in 2017 and a fourth-round pick as well, and fined the team $1 million for Brady’s  “conduct detrimental to the integrity of the NFL” and for “failure to cooperate in the subsequent investigation.”

Exactly. It wasn’t the infraction alone that made this serious; it was the suggestion, magnified by Brady’s smug attitude, that cheating in an NFL play-off game is no big deal and nothing to be upset or ashamed about. The team also had to be punished, in part because cheating has long been the Patriots’ MO, and the team’s continued success at winning championships, without some negative consequences, is a neon sign advertisement for cheating in games, in school, in business, in life.

Finally, the draft choices were a crucial element, because taking away those really hurt the team. Otherwise it would have been just an affordable fine: Brady doesn’t need the millions he’ll lose by not playing four games, and the Patriots are more than a one-man team; they might still win all four. As for team owner Robert Kraft, he won’t even notice that the million dollars is missing. The draft choices the team will notice. Good.

But there is another injustice here that isn’t getting as much attention as the suspending of New England’s smirking, cheating star. Continue reading

“Harry’s Law” Is A Legal Ethics Mess

When it comes to legal ethics, "Harry" is no straight-shooter.

As I have noted before, TV has one of its more ethically-sophisticated legal dramas to date in CBS’s “The Good Wife.” Oh, the lawyers (and their investigators) are frequently unethical, all right, but the show has seldom represented unethical conduct as ethical, or implied that it would be defensible if it came to the attention of the bar. In contrast, the new NBC Kathy Bates drama “Harry’s Law” has already ticketed itself for the Dumb Lawyer TV Show Hall of Shame, grossly misleading its audience about what constitutes a lawyer’s ethical duties. (Other recent admittees to the Hall: James Woods’ “Shark,” the Kathleen Quinlan drama “Family Law,” Steven Bochco’s embarrassing “Raising the Bar,”and every legal show created by David Kelley.) Continue reading

“The Good Wife” Ethics, Season #2: Alicia, Kalinda, and Pretexting

The acclaimed CBS series “The Good Wife” premiered last night, with an episode called “Taking Control.” The title is ironic in one respect. Because the legal profession regards lawyers as being in control of the non-legal staff that works for them, good wife and whiz-bang attorney Alicia Florrick (played by Juliana Margulies) violated one of the most important legal ethics rules in the very first episode. This was far from unrealistic, however. Her ethical breach is not only a common one, but also one that many lawyers are careless about. It is also unethical conduct that the public assumes is standard practice for lawyers…because movies and TV shows make it seem that way. Continue reading