trustworthiness

The Plagiarist Strikes Back!

/ Jack Marshall / 35 Comments

Move along, Atticus. Nothing to see here, and I wouldn't want you to barf.

Well, some of you called it. I was a sap. I expected better.

Mary Frances Prevost, the California criminal law attorney who substantially expropriated an Ethics Alarms post and placed her name on it, responded to my request for an explanation, and failing that, an apology, a retraction, and proper credit, with this (on her Facebook page), in which she said, in part:

“I received a histrionic run-on-sentence email from someone named “Jack Marshall” today accusing me of committing crimes, threatening to report me to my bar association(s), the Inns of Court, and essentially spend your days and nights harassing me.” I have also viewed a a highly unethical rant published purportedly by you on a blog suggesting strongly that I have engaged in unethical conduct throughout the entire course of my career. I have counseled with one of the country’s premiere ethics attorneys. Here’s the result: 1) accusing me of a crime is defamation per se and unethical; 2) suggesting that my entire law practice has been based on unethical conduct is defamatory and unethical. I maintained copies both of your email and blog. It is clear that you are hell bent on engaging in systematic harassment and unethical conduct, the likes of which can, and most likely will, develop into a lawsuit unless rescinded forthwith. It is clear you have little to do in your life besides sent me emails accusing me of crimes, and writing poorly written blog posts accusing me of immoral behavior. Interesting how one making such claims, engages in most egregious conduct himself….But the sheer amount of energy really suggests something more: a lack of work; too much time; off your meds. I suggest you take a look inward and remove your defamatory and unethical blog post regarding me. Indeed, you should come clean on your blog. You’ve practiced law only two weeks before giving up. Yet, your resume suggests far more experience. I think you should rethink what you’ve done.”

Now how do you like that? Continue reading →

Is a Plagiarist a Trustworthy Attorney? Let’s Ask Mary Frances Prevost!

/ Jack Marshall / 46 Comments

This is me, apparently.

San Diego criminal defense attorney Mary Frances Prevost has an interesting post on her blog about the ethics of George Zimmerman’s first set of attorneys.

MINE.

You wouldn’t know it was mine, of course, because blogger/attorney/ former Washington Post journalist Prevost has slapped her own name on it. There it is, right at the beginning: “by Mary Francis Prevost.” I think that’s interesting.

Her post, entitled “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”, was posted the same day as the Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”, which began, coincidentally enough, by quoting John Steel’s post from the Legal Ethics Forum that read, “[S]hut up, guys. Shut the h*** up.”  It was two introductory paragraphs later, however, when “her” post got into the substance of “her” analysis of the ethical problems with the farewell press conference given by George Zimmerman’s attorneys shortly before the shooter of Trayvon Martin was charged, however, that I really began getting a serious dose of deja vu, also known as “Holy crap! This woman stole my article!” Continue reading →

The Heroic Bird-Watchers and The Shame of the Star Princess

/ Jack Marshall / 3 Comments

If Captain Stubing had been at the helm, a tragedy might have been averted.

Rescue is a frequent topic on Ethics Alarms, usually in a disturbing context. We all have a duty to rescue others in peril, but we should never underestimate the powerful forces that often work against that duty. Rescue can be dangerous or frightening, and often there are perplexing questions about when an individual has done enough to ensure a rescue, and what constitutes “enough,” especially if the rescue fails.

In March, the Star Princess—a luxury cruise ship operated by Carnival—was on a cruise around South America. Three of the passengers were bird-watchers, who eschewed shuffleboard and the other fun activities organized by whoever was the counterpart to Lauren Tewes on “The Love Boat” to use their binoculars and telescopes to spot seabirds from the ship’s decks.

It was March 10 when one of the bird-lovers, Jeff Gilligan from Portland, Oregon., saw a boat with a person standing up in it, waving a dark piece of cloth. The vessel was at least a mile away.  Another Oregon bird-watcher, Judy Meredith, told reporters that when she focused her lenses on the boat, it was clear to her that the man waving the cloth was trying to get the Star Princess’s attention, and that the boat was drifting, without an engine. She went inside to try to alert the crew about the situation. After she talked to one crew member, she says, he called the bridge and she talked him through what she and Gilligan had seen.”I was trying to have a sense or urgency in my voice — and tell them that the boat was in distress, and they were trying to get our attention.” Another crew member used Gilligan’s telescope to look at the drifting boat, and confirmed their assessment. The boat was drifting in the open seas and in peril. Gilligan said that at that point “We were a bit relieved because he had confirmed that he had seen what we were describing. We expected the ship to turn back or stop or something.” Continue reading →

It’s You, Keith.

/ Jack Marshall / 18 Comments

The news that The Angry Man of the Self-Righteous Left, Keith Olbermann, was fired by Al Gore’s Current TV was hardly news at all, since most of us had entered a pool on when Olbermann would get jettisoned from his latest gig. The predictable episode does have an ethics lesson for all of us, however, that involves the virtues of accountability, humility, honesty and contrition.

Olbermann, true to form, attacked his former employers and blamed them for his exit, writing  via Twitter…

“…I’d like to apologize to my viewers and my staff for the failure of Current TV. Editorially, Countdown had never been better. But for more than a year I have been imploring Al Gore and Joel Hyatt to resolve our issues internally, while I’ve been not publicizing my complaints, and keeping the show alive for the sake of its loyal viewers and even more loyal staff. Nevertheless, Mr. Gore and Mr. Hyatt, instead of abiding by their promises and obligations and investing in a quality news program, finally thought it was more economical to try to get out of my contract. It goes almost without saying that the claims against me in Current’s statement are untrue and will be proved so in the legal actions I will be filing against them presently. To understand Mr. Hyatt’s “values of respect, openness, collegiality and loyalty,” I encourage you to read of a previous occasion Mr. Hyatt found himself in court for having unjustly fired an employee. That employee’s name was Clarence B. Cain. In due course, the truth of the ethics of Mr. Gore and Mr. Hyatt will come out. For now, it is important only to again acknowledge that joining them was a sincere and well-intentioned gesture on my part, but in retrospect a foolish one. That lack of judgment is mine and mine alone, and I apologize again for it.”

This, of course, is not really an apology. It’s not an apology when your message is, “I’m sorry my employers are unethical slobs who didn’t appreciate the excellent job I was doing.

Keith Olbermann has either been fired or quit under acrimonious circumstances in engagements with, count them, five broadcast organizations: ESPN, CNN, Fox, MSNBC, and now Current TV. This, despite being obviously talented and often getting excellent ratings. Olbermann is a smart guy, and yet even now, his reaction seems to be, “Why, oh, why, do people keep treating me so badly?”

It’s you, Keith! Continue reading →

Our Untrusted Professions: Another One Bites The Dust…Or Should.

/ Jack Marshall / 28 Comments

Come to think of it, Mr. Gower would have put poison in a boy's medicine if it hadn't been for George Bailey...

America’s trust crisis, which has seen virtually all its institutions decline precipitously in public trust, hasn’t left the professions unscathed. Far from it: Gallups’ annual poll of the public’s regard for the professions, the most recent of which was released last December, showed accountants trusted by only 43% of the public (abysmal for a profession whose only mission is to accurately determine the truth and to relay it—funeral directors are trusted more), journalists at just 26% (which is more than they deserve), bankers at 25%, lawyers at an insulting 19% (for a profession that includes honesty as a core ethical requirement), business executives slightly less at 18% (but no lower than those champions of the 99%, labor leaders, also at 18%). Stockbrokers, who figure to have fallen even lower after Greg Smith’s anti-Goldman Sachs diatribe, came in at a “can’t be trusted to deliver the water bill payment” 12%, and then we’re really in the pits of utter distrust, with lobbyists, used car salesmen, and members of Congress, all tied for last place at 7%.

In contrast, one of the professions that always is on top of the list or near it is pharmacists. In 2011, the friendly neighborhood druggist scored a trust rate of 73%, better than doctors and second only to the perennial champs of the last decade, nurses.

Well, all that trust in pharmacists appears to be misplaced. Continue reading →

More Public School Political Indoctrination

/ Jack Marshall / 12 Comments

Here is what’s scary to me: a teacher considers giving his middle school students the assignment of doing opposition research on the Republican presidential candidates, and no ethics alarms go off for him at all. Fairness? Objectivity? Abuse of power? Prudence? Bias?

Not a ding.

Michael Denman assigned his 8th grade students at Liberty Middle School in Fairfax County the task of researching the weaknesses and vulnerabilities of the four presidential hopefuls looking to challenge President Obama and forward them to the Obama campaign. The students were told to research the backgrounds and positions of each of the candidates ,find their “weaknesses,” and  to prepare strategy papers to exploit them in the campaign. Then they were told to find a contact in the Obama campaign to send them to. Continue reading →

Our News Media’s Integrity Vaccum: The Malia in Mexico Blackout

/ Jack Marshall / 9 Comments

Here is a good example of how framing is critical in analyzing the news. When various conservative blogs and commentators started complaining that the AP’s report on the Obamas’ oldest daughter spending spring break in Mexico was disappearing from news media websites across the net, I saw it as a non-story from an ethics perspective, and certainly not, as was being suggested, an example of White House censorship of legitimate news. If I was President  Obama and my young teenage daughter was in Mexico, I’d ask the media to leave her alone too.

I thought other criticism of the President in this incident was unfair as well. Some critics suggested that it was irresponsible of the First Couple to allow their daughter to travel anywhere in a nation where the State Department had issued an advisory that it was not safe to travel. The Obamas are bad parents now? I assume that they are certain that their daughter will be safe, and have taken appropriate measures to ensure that. This is not within the realm of legitimate topics for political sniping.

Thus I wasn’t going to write about this, just as I decide not to write about a wide assortment of ethics-related events and topics that I consider and discard every day. By looking at it as an issue of  government and leadership ethics, however, I missed the real story, which involves journalistic integrity and courage. The Obamas certainly had a right to ask that Malia’s spring break travels be unreported, but a responsible and fair U.S. news media would have told them, politely, no. Continue reading →

Greg Smith’s Urgent Ethics Alarm

/ Jack Marshall / 2 Comments

“Today is my last day at Goldman Sachs. After almost 12 years at the firm — first as a summer intern while at Stanford, then in New York for 10 years, and now in London — I believe I have worked here long enough to understand the trajectory of its culture, its people and its identity. And I can honestly say that the environment now is as toxic and destructive as I have ever seen it”

This, says Greg Smith, is how the leadership of Goldman Sachs sees its clients.

With that, Goldman Sach’s executive Greg Smith began his remarkable op-ed in the New York Times, sending his former employers into crisis mode, panicking investors, and setting the financial, political and journalistic worlds buzzing. Obviously, it was an exposé about ethics as much as anything else.  Smith described a corporation-wide breach of trust with clients, a culture in which leadership openly derided those the company pledged to serve as “muppets,” and apparently, sheep to be sheared:

“It makes me ill how callously people talk about ripping their clients off… I don’t know of any illegal behavior, but will people push the envelope and pitch lucrative and complicated products to clients even if they are not the simplest investments or the ones most directly aligned with the client’s goals? Absolutely. Every day, in fact.”

Smith cites a breakdown in leadership, resulting in a corruption of values: Continue reading →

Leroy Fick, Meet the Honorary “Ms. Fick 2012.” On Second Thought, Don’t.

/ Jack Marshall / 10 Comments

Amanda Fick, er, Clayton

Following in the despicable footsteps of Leroy Fick, the  Michigan millionaire lottery winner who collects food stamps because of a loop-hole in the law (and whose name, “fick,” has made the Ethics Alarms glossary as the word for someone who is willfully, openly and shameless unethical), here comes a Ms. Fick, a.k.a Amanda Clayton. She says that she is entitled to food stamps despite having two homes and a million dollar lottery prize that will leave her with $500,000 in the bank. No need for me to be creative here; what went for the Original Fick goes for her as well:

“What ethical principle doesn’t his conduct violate? He’s not responsible; he’s not accountable; he’s not fair. He doesn’t respect his fellow citizens or their opinions. He’s not loyal to his state or his community. He’s not compassionate, and I wouldn’t trust him to walk my dog: he’d probably sell him.  Is he honest? Applying for food stamps is an act that declares that you need them to eat, because that’s the only reason they exist: Leroy Fick isn’t honest.”

Ditto the honorary Ms. Fick, 2012, Amanda Clayton. And if there are any eugenics practitioners out there, please try to keep these ficks from ever getting together. That’s all Michigan needs…a litter of little Ficks.

Thanks to tgt for the tip.

Super Tuesday Confirmation Bias Lesson, Or Why We Can Never Trust Media Analysis

/ Jack Marshall / 4 Comments

Checking the Republican primary results as Super Tuesday neared an end, I got an unexpected demonstration of confirmation bias in the news media, so vivid that it could be used in an educational video.

On CNN, John King, Gloria Borgia and the gang were analyzing the razor-close contest in Ohio, widely regarded as a must-win for Rick Santorum, just as Mitt Romney seemed to be pulling ahead for good. Welcome news for Romney? Not so fast!

Gloria Borger, whose contempt for all things Republican is always writ large on her face and unmistakably expressed by her tones of disdain (Does she even attempt to appear objective? It doesn’t seem so, as her demeanor when discussing GOP politics always suggests to me that she thinks she is covering some kind of demeaning novelty event, like a four-poster bed race or a dwarf-bowling, that the audience knows as well as she does is a colossal waste of time), vigorously took the floor and emphasized that Romney was winning in the very communities where Democrats were strongest, and losing to Santorum where Republicans usually did well. This, she said, eyes rolling (“I can’t believe I’m here talking about Republicans when I could be home watching a repeat of ‘Big Bang Theory!'”) showed that Romney would be in likely trouble if he were the nominee in November, since his strength would be wasted in Democratic strongholds and he wouldn’t be getting the support of the blue-collar types that a Republican presidential hopeful couldn’t win Ohio without. “To illustrate Gloria’s point,” King interjected, and then produced a computer graphic showing Romney’s fatally flawed vote patterns. Everyone nodded sagely. Mitt’s victory in Ohio showed that he was a loser.

Meanwhile, over at Fox, they were discussing the exact same phenomenon. Local politics maven Michael Barone weighed in, and said that this could bode well for Romney in November. John McCain, though losing Ohio in 2008, still “cleaned up” in the blue color districts, noted Barone, so even though Santorum was beating Romney there tonight, they could be still counted upon to go Mitt’s way in 2012 when Obama was the opposition. Meanwhile, the well-educated, wealthier areas that gave Barack Obama the critical swing state’s electoral votes that year have in the past swung Republican, and Mitt’s showing with that group tonight just might indicate that he could seriously cut into Obama’s strength, taking the state red. And Michale Barone knows his stuff, the Fox-ites gushed. Continue reading →