--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:
> I am not picking on John L. Really I am not. But I feel >uncomfortable > as well with those issues. Tommy can chime in on this - in law, for > instance with lawyers, judges, etc., it is not an "actual" >conlfict >of > interest that matters, but rather that a "perceived" conflict >exists > (read the federal arbitration rules and cases TD). Dan, You are refering to ethics rules that outlaw not just "improprieties" (obviously) but also outlaws the "appearance of impropriety" (even if nothing improper is actually occuring). The "appearance of impropriety" rules have slowly fallen out of favor, because in practice it turned out to be so vague that it was unfair; it made criticism for perfectly legal behavior too easy. Claims of "appearance of impropriety" became a political weapon. The ABA nixed the rule for lawyers back in the 1980's. They even got rid of it for Judges a few years back. Here's an abstract that makes the case against the rule: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=926437 For out discussion, since John is a real estate sales professional, there seems to be nothing wrong with him giving a speech about the issue. If someone can find him actually doing something unethical (which I seriously doubt) that would be different. My opinion has been that the 5 council people we have, other disagreements aside, they seem to be an ethical bunch. Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/AsburyPark/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/AsburyPark/join (Yahoo! ID required) <*> To change settings via email: mailto:[EMAIL PROTECTED] mailto:[EMAIL PROTECTED] <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
