Topic: Society The Corrupters (9/16/2008)
The high-performance employee who defies the rules is every organizations
nightmare. But the problem flourishes because so many of us resolutely
deny what history, logic, common sense and basic ethical principles teach:
It is unfair to have double standards. Rules of conduct should be enforced
reliably and consistently for all. Previous good acts do not justify or
mitigate current wrongful ones. Bad conduct tolerated in organization
stars becomes conduct that the average organization employee or member
begins to accept and emulate. Ultimately, the high-performance
employee who get away with breaking professional standards, laws or rules
does far more damage than his or her special talents and achievements
can possibly justify. Still, the instinct to look the other way when a
star misbehaves is strong in most of us. And that instinct opens the door,
not only to more unethical conduct by others, but unapologetic unethical
conduct Super-lawyer Bill Lerach was the
most feared class-action lawyer in America. He and his New York firm,
Milberg Weiss, sued Enron, Tyco, WorldCom, and many others on behalf of
aggrieved shareholders, making fortunes for them and millions of dollars
of fees for himself. There was only one problem: Lerach was a crook. He
pleaded guilty to charges that he had made illegal payments to plaintiffs
he hand-picked to seed suits against corporations, in exchange for kickbacks
from Lerach and his partners. Lerach pled guilty but was obviously unrepentant.
Incredibly, some of the most distinguished lawyers in the profession wrote
letters to the judge and the bar arguing that Lerach should get leniency.
Among them: Ralph Nader, who reasoned that what Lerach did paled in comparison
to the misdeeds of the evil corporations he brought down. Distinguished
lawyers and even judges claimed that because Lerach had done far more
good than bad, and his criminal and unethical practices should be punished
with slaps on the wrist. This is the classic rationalization
employed by defenders of misbehaving stars and fallen heroes. With stars,
the good outweighs the bad, so lets ignore the bad. The same argument
got famous lawyer Clarence Darrow off the hook when he was caught red-handed
trying to bribe a jury. The man widely regarded then and now as Americas
greatest lawyer reminded two juries that he had always fought for the
powerless, and argued that his crime should be forgiven because of all
the good he would do if allowed to continue practicing law. It worked!
Darrow was acquitted despite overwhelming evidence. Not so Lerach, who
has been sent to prison and will lose his law license. Still, the head
of the University of Pittsburghs law school actually invited him to teach
a course
on legal ethics! Meanwhile, Lerach has authored a couple of widely
publicized op-ed pieces, proclaiming that his crimes and ethical violations
were ultimately justifiable because they halted extreme instances of corporate
greed and corruption. Do not doubt for a moment that his reasoning, bolstered
by the character tributes of Nader and others, is fueling other attorneys
self-righteous violations of the law and ethics rules in pursuit of justice
and
wealth. Last week, Alaska Republicans overwhelmingly
voted to let Senator Ted Stevens run for another term as U.S. Senator,
even as indictments loom and the evidence of Stevens personal enrichment
from corporate supplicants becomes undeniable. Stevens is a hero to many
Alaskans for his aggressive production of federal funds (a.k.a. pork)
for local projects. But he is corrupt. A lawmaker, no matter how popular
or successful, must not break the law. Every Alaskan who voted for Stevens
made a statement that rules should apply to citizens in inverse proportion
to their status and achievements, a philosophy that is undemocratic, unjust,
illogical and wrong. The misbehaving star does more damage than
the average citizen. He or she is a leader, a pace-setter, an exemplar
and a role model. One doesnt earn a right to break laws, rules and social
norms through success and popularity, because there is no such right.
The correct principle of accountability is exactly the opposite. Success
and popularity impose an enhanced obligation to follow laws and rules.
In Boston, where the Red Sox are
almost a religion, the beloved home team finally rid itself of the archetype
of the misbehaving superstar, Manny Ramirez. Ramirez is one of the greatest
hitters to ever play the game. He is funny, often charming, a true character,
and he played a key role in the Soxs long-delayed World Championship
in 2004. He is, however, an arrested adolescent and a thoroughly unprofessional
professional athlete who has often been openly defiant of team rules and
protocol, assuming that his unique hitting skills would insulate him from
reprisals. In this he has been, sadly, correct. While lesser players would
have been fined, suspended, benched or released for similar behavior,
Ramirezs repeated episodes of losing concentration during games, goofing
around on the field, playing hard only when the mood struck him and outright
defiance acquired the status of an endearment among his fans, who adopted
the motto Let Manny be Manny! With minor edits, it could stand for the
entire class of tolerated and self-centered rogue stars in any field.
Let Stevens be Stevens! Let Lerach be Lerach! Let Clinton be Clinton!
Finally, Manny was too much Manny,
even for the enabling Red Sox. Upset about his contract situation (which
paid him a paltry 20 million dollars a year), he begged out of key games
with non-existent injuries. He started jogging to first even more slowly
than usual. He openly sulked on the field, assaulted an elderly club official,
and appeared to strike out intentionally as a pinch-hitter in a tight
game against the hated Yankees. The team determined that he had to go,
and banished him to Los Angeles, the city where David Begelman, as head
of Columbia Pictures, pled guilty to embezzlement and was shortly thereafter
hired by MGM to be its president. His movies made money, you see. Let
Begelman be Begelman. Manny is home. But Red Sox fans and bloggers were
furious
not at Manny, but at the teams management and the citys sports
media for endorsing the principle that an athlete is obligated to play
hard for his team every second hes on the field. Ramirez betrayed his
team mates, insulted the sport, violated his contract and risked losing
key games out of spite, but many fans still felt that the Red Sox should
have endured it because hes such a great hitter. Why, the Sox
wouldnt have won the World Series without him! And how can his bat be
replaced in the line-up? The city, the team, and its fans should tolerate
Manny being Manny, because hes so good! And the next great hitter,
now just a young and naïve minor leaguer, would have received the message
loud and clear
just as John Edwards got the message from the defenders
of Bill Clinton; just as Detroit Mayor Kwami Kilpatrick got the message
from the loyal supporters of former D.C Mayor and convicted crack-user
Marion Barry, and famed Boston Mayor and convicted felon James Michael
Curley before him. Manny
Stevens
Clinton
Lerach
Will we ever learn that the Corruptors are not truly stars at all, but are self-obsessed traitors to their culture, organizations, and the people who admire them?
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© 2007 Jack Marshall & ProEthics,
Ltd |