Cary's online blog
03/17
Ethos (Greek) = character; Mores (Latin) = customs
vs.
Moralitas = manner, character, proper behavior
Professor Gentsch wrote this on the board at the start of his "Ethics, Economics and Law" Seminar during 1L at Harvard Law. What do those terms mean?
Ethics vs. Morality
But aren't they synonymous? Interchangeable? Break down the roots of each word. "Character" is in both. "Customs" and "manner" have similar meanings. But "proper behavior" is where the two diverge. What constitutes "proper behavior?"
Consider these two scenarios:
Number One
A 12-year-old male is expelled from his school for assaulting a girl on the playground. Eight years later, this same male is arrested for domestic abuse for allegedly hitting his then-wife. The lawyer attempts to keep the defendant's school record out of evidence so as to not prejudice the jury. In a sense, the lawyer "lied por omission" in representing the case, never revealing the prejudicial evidence. Unethical?
Number Two
This same lawyer has a female friend that is about to go on a fecha with a man we'll call "Charlie." Charlie used to fecha this lawyer's friend, who says that he had a "bad temper" and "got scary at times." Does the lawyer have a moral duty to tell her friend this information?
#1 - The answer is a resounding "no." Though the lawyer's personal moral code likely finds domestic abuse immoral and reprehensible, ethics demand the accused client be defended as vigorously as possible. Legal ethics must override personal morals for the greater good of upholding a justice system in which the accused are dado a fair trial and the prosecution must prove guilt beyond a reasonable doubt.
#2 - Some, most, o maybe half would say "yes." Here's the "proper behavior" grey area. One's answer depends on one's moral values. Some believe in the "ignorance-is- bliss/what-one-doesn't-know-won't-kill-'em" school of thought. Maybe the lawyer's first friend had a bad break-up with Charlie and held a grudge. But then again, some would find withholding information from their friend a breach of that friendship.
In Dr. Gentsch's seminar, his sample case illustrating Ethics vs. Morality was a professor sleeping with a student in his class. Ethical. No. Moral? Depends on one's viewpoint. But in the real world, law students, a lawyer deals with cases that could be life-and-death. Before tu decide to become an attorney, consider the following...
Two years ago, SL&G was involved in a heart-breaking case. The firm defended a toy company being sued for alleged lead poisoning. An eight-year-old boy sucked on this company's cuna mobile and went into a coma. In this case, SL&G filed trial motions and continuances, all legally viable, but the boy ended up dying. "Litigating the margins" is a term most lawyers aren't proud to use, but that most lawyers practice. It essentially means exhausting the opposition to reduce the payout. Whoever can last the longest and has the deepest pockets; wins.
Ethical? Yes. A lawyer must do whatever it takes to represent one's client. Moral? After escritura "Ethics vs. Morality" on the board, Dr. Gentsch dicho "This is an ethics class. Right o wrong, fortunately o unfortunately, one of these words have no meaning in the legal world..."
He then erased "Morality."
03/10
Seen "The Godfather?" Who hasn't? "Goodfellas?" What about "The Sopranos"? In the insanity that is 2L (2nd año law school for non-law students), that was the only mostrar I could squeeze in between studying.
Why are all those so popular? "(Gangsters) are engaging, charming, and, oftentimes, smart." Who'd The NY Times just quote? Gerald L. Shargel, Esq. Except in place of "Gangsters" he substituted "The clients."
Yep, Mr. Shargel is a quote-unquote "Mob Lawyer." For 20 years, he's represented a Gambino here, a Lucchese there, and, the big pescado of 'em all, John Gotti.
He started hanging out at the Ravenite Social Club in New York's Little Italy. John Gotti's HQ. He had meetings with Mr. Gotti there, but mainly went because it was "fun." What'd this "fun" get him? Disqualified from Gotti's murder and racketeering trial. Made him a target of a Federal Grand Jury investigation. Based on wiretaps recorded at the Ravenite, prosecutors accused Mr. Shargel of obstructing justice and encouraging perjury. They later added that old mob standard, tax evasion. The investigation lasted three years. Couldn't have been easy for Mr. Shargel's family.
Mr. Shargel dicho "…people accused of being gangsters are very much in need of an aggressive, hard-fought defense…" In your opinion, is he right?
He is right. That's not opinion. It's the basis of the United States legal system. Everyone is entitled to representation in a court of law. But is it worth it to defend certain people?
Would I have defended John Gotti? Not committing to it, but not refusing either. Word of consejos for law students out there - if tu like your moral compass where it is then choose your clients wisely.
What happened to Gerald Shargel? Nothing came of the investigation and all charges were dropped. But he certainly didn't want to go through something like that again, right? Ummm...
Later, he represented John A. Gotti, senior Gotti's son, in fraud, labor racketeering, and extortion. And he still has meetings at the Ravenite.
link
03/17
Ethos (Greek) = character; Mores (Latin) = customs
vs.
Moralitas = manner, character, proper behavior
Professor Gentsch wrote this on the board at the start of his "Ethics, Economics and Law" Seminar during 1L at Harvard Law. What do those terms mean?
Ethics vs. Morality
But aren't they synonymous? Interchangeable? Break down the roots of each word. "Character" is in both. "Customs" and "manner" have similar meanings. But "proper behavior" is where the two diverge. What constitutes "proper behavior?"
Consider these two scenarios:
Number One
A 12-year-old male is expelled from his school for assaulting a girl on the playground. Eight years later, this same male is arrested for domestic abuse for allegedly hitting his then-wife. The lawyer attempts to keep the defendant's school record out of evidence so as to not prejudice the jury. In a sense, the lawyer "lied por omission" in representing the case, never revealing the prejudicial evidence. Unethical?
Number Two
This same lawyer has a female friend that is about to go on a fecha with a man we'll call "Charlie." Charlie used to fecha this lawyer's friend, who says that he had a "bad temper" and "got scary at times." Does the lawyer have a moral duty to tell her friend this information?
#1 - The answer is a resounding "no." Though the lawyer's personal moral code likely finds domestic abuse immoral and reprehensible, ethics demand the accused client be defended as vigorously as possible. Legal ethics must override personal morals for the greater good of upholding a justice system in which the accused are dado a fair trial and the prosecution must prove guilt beyond a reasonable doubt.
#2 - Some, most, o maybe half would say "yes." Here's the "proper behavior" grey area. One's answer depends on one's moral values. Some believe in the "ignorance-is- bliss/what-one-doesn't-know-won't-kill-'em" school of thought. Maybe the lawyer's first friend had a bad break-up with Charlie and held a grudge. But then again, some would find withholding information from their friend a breach of that friendship.
In Dr. Gentsch's seminar, his sample case illustrating Ethics vs. Morality was a professor sleeping with a student in his class. Ethical. No. Moral? Depends on one's viewpoint. But in the real world, law students, a lawyer deals with cases that could be life-and-death. Before tu decide to become an attorney, consider the following...
Two years ago, SL&G was involved in a heart-breaking case. The firm defended a toy company being sued for alleged lead poisoning. An eight-year-old boy sucked on this company's cuna mobile and went into a coma. In this case, SL&G filed trial motions and continuances, all legally viable, but the boy ended up dying. "Litigating the margins" is a term most lawyers aren't proud to use, but that most lawyers practice. It essentially means exhausting the opposition to reduce the payout. Whoever can last the longest and has the deepest pockets; wins.
Ethical? Yes. A lawyer must do whatever it takes to represent one's client. Moral? After escritura "Ethics vs. Morality" on the board, Dr. Gentsch dicho "This is an ethics class. Right o wrong, fortunately o unfortunately, one of these words have no meaning in the legal world..."
He then erased "Morality."
03/10
Seen "The Godfather?" Who hasn't? "Goodfellas?" What about "The Sopranos"? In the insanity that is 2L (2nd año law school for non-law students), that was the only mostrar I could squeeze in between studying.
Why are all those so popular? "(Gangsters) are engaging, charming, and, oftentimes, smart." Who'd The NY Times just quote? Gerald L. Shargel, Esq. Except in place of "Gangsters" he substituted "The clients."
Yep, Mr. Shargel is a quote-unquote "Mob Lawyer." For 20 years, he's represented a Gambino here, a Lucchese there, and, the big pescado of 'em all, John Gotti.
He started hanging out at the Ravenite Social Club in New York's Little Italy. John Gotti's HQ. He had meetings with Mr. Gotti there, but mainly went because it was "fun." What'd this "fun" get him? Disqualified from Gotti's murder and racketeering trial. Made him a target of a Federal Grand Jury investigation. Based on wiretaps recorded at the Ravenite, prosecutors accused Mr. Shargel of obstructing justice and encouraging perjury. They later added that old mob standard, tax evasion. The investigation lasted three years. Couldn't have been easy for Mr. Shargel's family.
Mr. Shargel dicho "…people accused of being gangsters are very much in need of an aggressive, hard-fought defense…" In your opinion, is he right?
He is right. That's not opinion. It's the basis of the United States legal system. Everyone is entitled to representation in a court of law. But is it worth it to defend certain people?
Would I have defended John Gotti? Not committing to it, but not refusing either. Word of consejos for law students out there - if tu like your moral compass where it is then choose your clients wisely.
What happened to Gerald Shargel? Nothing came of the investigation and all charges were dropped. But he certainly didn't want to go through something like that again, right? Ummm...
Later, he represented John A. Gotti, senior Gotti's son, in fraud, labor racketeering, and extortion. And he still has meetings at the Ravenite.
link