Thursday, October 11, 2007

What, if anything, should be done?

I took a break from work to troll the internet for a few minutes and found this article about a Adam Key, law student who is facing discipline by Regent University for having posted a picture on Facebook of Pat Robertson, Regent's founder, seemingly making an obscene gesture.

My initial thoughts are that Key's posting displays an astounding lack of judgement and professionalism, particularly for someone enrolled in a professional school, who has designs on entering a field for which good judgement is key. In addition, Key's picture posting serves as yet another reminder that one should think before posting anything on Facebook, MySpace, blogs, etc. Ultimately, he may find that employers are less than impressed with his maturity. And quite frankly, Key probably should rethink his legal argument.

That said, I can't help but question the response of Regent. The idea to write the brief was a good start. However, Regent's very appropriate "no comment" stance leaves no clue as to what it believes is the wrong committed by Key. To the extent Regent's complaint is that Key was critical of Robertson, under the mistaken belief that that can't be allowed, then I think Regent has missed the point. If on the other hand, it views Key's posting as inappropriate means for lawyers-to-be, and wishes to teach Key what is appropriate, I would hope the punishment would indeed be structured to get that message through to Key. Thoughts anyone?

5 comments:

Mark Osler said...

Hmmm....

Pat Robertson is actually a graduate of Yale Law. At our last reunion one of my classmates and friends who is a relatively well-known lesbian academic (and who obviously has disdain for Robertson), ran up to him and asked excitedly for a photo of the two of them.

The picture was taken and later showed up in the Yale alumni magazine, with the caption "reunion friends" or something like that. Needless to say, we all laughed our heads off. Was that unprofessional?

Are we sometimes too hung up on "professional," maybe? I, for one, am not looking to law firms as moral arbiters, and they ceded any claim to that position in our society a long time ago. However, I'm not looking to them for a job, either.

Last week, I saw probably the best appellate attorney in the country, Michael Dreeben, argue in front of the US Supreme Court. His appearance is often below law firm standards of "professional." Meanwhile, their appellate lawyers are trying to cadge work around the corners of what people like Dreeben are doing.

I would hate to go through life worried about being "professional" to the standards of old guys who run those firms. It is a too-restrictive view of the world and joy and life. Of course, if you want to work at a firm like that, you have to buy into that central value.

One reason among many not to work at a firm like that, if your values direct you elsewhere.

[Not that you were suggesting anyone adopt such a standard, Boilerbabe-- and I think it was a pretty stupid stunt for the Rutgers kid to fark that photo, whether it was "unprofessional" or not.]

Wilson said...

If the kid had published a picture on Facebook or anywhere else of Robertson actually flipping someone a bird, I'd have no problem with it. Or if Key wanted to be critical of Robertson's opinions or actions, I have no problem there either. Similarly, a picture of Robertson with a lesbian, for which he voluntarily posed, with the caption you described, doesn't strike me as unprofessional. However, publishing a picture that is suggestive of something that it is not and that in fact is embarassing is not honest or fair, and that is part of what of I think of when I think of professionalism. If Key meant it as satire, the risk is that his point will be missed.

I don't think we get too hung up on professionalism. Maybe we're not hung up enough given some of the conduct that attorneys have been guilty of in terms of gross incivility. Of course, professionalism has many facets, but the ways in which we treat others is an part of it.

Anonymous said...

I think it's important to that the facebook picture is not the sole reason for seeking Key's suspension. He apparently has shown a pattern of problems with Regent, all of which alone would probably provide sufficient pretext to suspend him. His poor judgment over-shadows his intellectual prowess....

Anonymous said...

1st Amendment has no business on the internet.


Sincerely,

Bill O'Reilly

Anonymous said...

Anyone who has met Key could tell you that the guy is a few aspirin short of a full medicine cabinet.

This story is just the latest of a long list of conflicts Key has instigated during his academic career. There was trouble at his undergrad, trouble with profs and students his 1L year, and trouble now.

Students overheard Key saying that he had a gun in his car, Key asked a student to hold a gun for him while he lived on campus, and Key showed a taser to another student on campus. The fact that Key put that picture on facebook is the tip of the iceberg, there are many reasons why the school ordered a psychological evaluation.