...decision. Ethical decision making is an intricate process where individuals must consider impact of decisions or actions resulting from the decisions made on individuals or institution. The basis of ethical decision-making encompasses balance and choice (Levin & Mather, 2012). Law is one of the professions that demands practitioners to make ethical decisions to avoid messing up their clients and third parties. They are required to employ American Bar Association (ABA) Model Rules of Profession Conduct throughout their professional undertakings. In the paradigm case, Justin King is involved in an accident and this has resulted to lawsuit. The circumstances surrounding the incident call for due diligence from both defendant (Justin) and his legal team. As such, there are various issues affecting this situation. The first issue is whether the ethical duty of confidentiality applies to Justin’s situation. Various laws and regulations govern a lawyer’s conduct. As indicated earlier, ABA Model of Rules of Professional Conduct is a set of principles that governs the conduct of lawyers in their endeavors. To narrow it down, rule 1.6(a) of the ABA Model Rules of Professional Responsibility states, “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).” ABA Model of Prof’l...
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...E. What are the criteria in considering the reasonableness of Attorney’s Fee? Sec. 24. Compensation of attorneys; agreement as to fees. - An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. F. Discuss the Moral and Legail Issues Involved CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable results of the client's case, neither overstating nor understating the prospects of the case. Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of fairness. CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. F.1. Moral Issue. The moral issue in the case is that Evie accepts the case even she knows that there is a little chance of...
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...Statement of Facts There was a wave of seemingly related murders ravaged the area of Flagstaff, Arizona. On March 14, 2009, Stewart retained the services of Careful and Cautious, LLP, during the initial consultation; Stewart told James Careful the following: “Well, Mr. Careful, the truth is that I’m behind the six recent murders in the area. I’m really a good guy and I hate to kill people. But sometimes, I just can’t help myself. I don’t want to continue killing people but these voices in my head… they’re just so logical and irresistible.” James Careful then contacted the local police and reported his conversation with Stewart. Stewart was arrested for capital murder. At trial, James Careful testified against him. Careful related the entire March 14 conversation to the jury. Stewart was eventually found guilty of six counts of capital murder and was sentenced to death. Issue The issue is whether or not Stewart can petition for a writ of habeas corpus and whether or not Mr. Careful violated the attorney-client confidentiality privilege. Rule The ABA Model Rules of Professional Conduct (ABA MPRC) has changed the landscape of attorney-client relations by creating an exception to confidentiality. Under the MRPC Rule 1.6(b) (1) a lawyer may "reveal" or "use" confidential information "to prevent reasonably certain death or substantial bodily harm.” McClure v. Thompson, 323 F.3d 1233 (9th Cir. Or. 2003) Petitioner sought habeas corpus relief pursuant to 28 U.S.C.S. § 2254 after...
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...Attorney-Client Confidentiality Paper The Court System CJS_220 February, 2013 The attorney-client confidentiality covers all communication between any person looking for legal advice and a lawyer, is protected legally because this type of communication is considered “privileged” and to be confidently. The disclosure of any information to third parties about any type of mention for what the issues are about with the case is strictly condoned. The attorney-client confidentiality is covered under all types of lawyers, or even attorney legal assistances for any kind of civil, criminal or even all information about marital divorce cases ("Understanding Lawyer Client Confidentiality", 2013). According to “The Basics of Attorney Client Privilege" (2013), the courts do have exceptions for upholding privilege information if the other person is put into great harm and that a judge may force disclosure over certain factors. There is also some information that will and cannot be covered under confidentiality or privilege information about committing or intent to commit fraud or a crime. The privilege is essential for communication, trust, and confidentiality between the client –lawyer relationship to work and because the lawyer needs to know any information concerning the case to help represent the facts of a case (Ch. 6, p. 161-162). According to “The Basics of Attorney Client Privilege” some states apply different attorney-client privilege laws and the government has...
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...DUTIES TO CLIENT Fiduciary Duty Attorney Must place the client’s interests above their own for representation and must treat the client fairly. Duty of Loyalty Attorney must pursue clients objectives unfettered by conflicting responsibilities or interests Duty of Diligence Attorney must pursue clients interests without undue delay Duty of Competence Attorney must give client competent representation legal knowledge, skill thoroughness and preparation Duty of Confidentiality from the 6th Amendment Right to Effective Counsel Duty of Confidentiality versus Attorney-Client Privilege The Attorney Client privilege is a shield in evidence which protects all documents created for the client during discovery....if a third party is present the privilege is lost. Work-Product Doctrine this extends to memorializations of conversations with 3rd parties, but not the actual conversations themselves. Anything produced/recorded in the process of and bearing on the legal representation of a client is protected (e.g. interviews, artifacts, documents, mental impressions...meaning ideas/thoughts, etc) POLICY: We want attorneys to record their impressions so they can have more sophisticated representation, therefore we protect it. BUT, if your opponent can show a substantial need for the material AND they show that they cannot get it in any other way....then you have to hand it over. The attorney-client privilege is thus stronger than work product (because WP can be...
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...The ethics rules governing conflicts of interest are based on the duties of loyalty and confidentiality. These duties are threatened when a paralegal has an interest that is adverse to a client’s, whether personal or business one. A lawyer is responsible for ensuring paralegal conflict of interest does not exist. p. 68. NALA code of ethics Canon 8 states a paralegal must disclose to his or her employer or prospective employer any pre-existing client or personal relationship that may conflict with the interests of the employer or perspective employer and/or their clients. p. 204. A long standing rule strongly disfavors gifts from clients to lawyers, therefore the same rule applies to a paralegal. The inherent conflict in a lawyer’s dual role of adviser to a client and recipient of a gift from a client establishes this disfavor. A paralegal should be aware of this conflict leading to a challenge to the gift or allegations of unethical conduct. Especially in the case of a substantial gift from an elderly or otherwise vulnerable client. The supervising attorney would recommend the client seek advice from an independent counsel and ask the paralegal to refrain from working on the gift document. A will or trust is potential for undue influence, fraud, and overreaching. Courts frequently void both inter vivos (during life) and testamentary (after death) cases, even without showing of undue influence. An attorney may be subject to discipline for accepting such gifts (ABA Model Rule 1...
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...Course Name: Intro to Legal Ethics Instructor: Brent Halbleib Assignment: Unit 3 Confidentiality and Attorney/Client Privilege Name: Donna Marie Brown Date: July 26, 2015 Possible Points: 100 Confidentiality and Attorney- Client Privilege Donna Marie Brown Kaplan University Confidentiality and the Alton Logan Case “Sometimes trying to make wrongful conviction right, creates an ethical tension for civil and criminal attorneys. With any kind of practice, but mostly with criminal defense, a lawyer may learn from a client that they committed a crime ascribed to someone else. When an innocent person is faced with conviction, imprisonment, or in some cases, the death penalty, and the attorney is mindful of the injustice occurring to a third party, the lawyer is still bound by the rules of confidentiality to honor their commitment to their client.” (Strutin, 2015) And this begins the case with Mr. Alton Logan. In 1982, Alton Logan was convicted of killing a security guard at a Chicago-area McDonalds. Even though the testimony that Logan was at home when the murder happened, the jury still found him guilty of first degree murder And to top it off, the two attorneys, Dale Coventry and Jamie Kunz, knew Logan was innocent. And how did this knowledge come about? Andrew Wilson, the attorneys’ client, admitted to the murder. The two attorneys who were representing Wilson, for killing two policemen, was told by Wilson that he was also guilty of killing the security guard at...
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...Graded Project Thinking Critically About Ethics By Mike Wilson, Esq. Reviewed by Brian Bastyr, Esq. All terms mentioned in this text that are known to be trademarks or service marks have been appropriately capitalized. Use of a term in this text should not be regarded as affecting the validity of any trademark or service mark. About the Author Mike Wilson is a freelance writer and college instructor who has had wide legal and educational experience. He graduated with his Bachelor of Arts degree in English from the University of Kentucky in 1976, and three years later received his law degree from the same school. He has been a partner in a law firm, a solo practitioner, and has done work in General and Family Mediation. He has also been a fulltime instructor in Paralegal Studies at Sullivan College, Kentucky. He was given the “Teacher of the Year” award in 1997. Mr. Wilson has published a number of papers on law-related topics in scholarly and popular journals. About the Reviewer Brian Bastyr is a senior attorney editor for West Group, a legal publishing company. He earned a bachelor’s degree at the University of Illinois, and a Juris Doctor from the University of Illinois College of Law. He is currently a member of the Illinois bar, and has published a number of articles in legal journals. Copyright © 2000 by Penn Foster, Inc. All rights reserved. No part of the material protected by this copyright may be reproduced or utilized in any form or by any means, electronic or mechanical...
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...only did the plaintiff fail to wear a helmet, he is also guilty of negligence because he punched LePuck in the face while Dunn had a hockey glove on his hand. It is well known in hockey that punching someone in the face with a hockey glove is equivalent to being punched in the face with brass knuckles. Since Dunn was negligent with his hockey glove when punching LePuck, LePuck had the right to use his stick to defend himself. In relation to self defense, the plaintiff intentionally tripped and punched the defendant without the defendants permissions, making it reasonable for the defendant to protect himself and hit Dunn with the hockey stick. In consideration of the law of comparative fault, the plaintiff’s injuries were the result of the legal fault of the plaintiff because the plaintiff is more than fifty percent legally at fault for the accident and damages he faced. In proving that Chris LePuck is not liable for any of the damages or injuries Pat Dunn incurred, five similar court cases were discovered. Allen v. Dover, Breanne Bennet V. Hidden Valley Golf and Ski, Inc, Dillworth v. Gambardella, The People of the State of New York v. John Freer and Magenity v. Dunn all prove Chris LePuck’s innocence. In the Allen v. Dover case from 2002, the plaintiff, Carol Allen was running to first base during a softball game when a softball struck her in the back of the head. Allen was not wearing a helmet and the league she was playing in did not require a helmet. Allen then sued the player...
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...Hennessey II. Statement of the Problem: The dilemma of Alexander whether to accept the deal or compromise his ethics. III. Objective/s: 1. Appeal on the proposal and proceed to the regular bidding process. 2. Advocate correct sound business ethics. IV. Areas of consideration: 1. Alexander Gavin, a Senior Project Manager of El Sahd Construction Company in Kuwait. Mr. Gavin was offered a proposal by the Ajax’s Manager to increase the bid amount to $33 Million of the project in Iran. Of the $3 Million increase, $1 Million will be his share for not disclosing the matter. If Mr. Gavin will not accept the deal, he will experience a physical harm. He was already involved in the pay-offs before, but this time he was put in to a situation where his ethics is on the line. Gavin needs to make a decision that will benefit the company in the long run. 2. El Sahd Construction Company is a prosperous company, with an excellent reputation for producing a timely and cost effective way on major construction project in the Middle East. Two months ago, Mr. Gavin participated the bidding on Iran project. The company put in a bid of $30 Million to Ajax Ltd. to be the principal sub-contractor on a project in Iran. 3. Ajax Ltd is a British based-company. As the company’s business culture, the Ajax’s Manager had a proposal to Mr. Gavin that the bid price will be amounted to $33 Million in order to pursue the project. The increase of $3 Million...
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...investors—place even greater trust in us as we strive to be a company society wants to exist. To ensure objective oversight of management, Honda appoints outside directors to its Board of Directors and outside auditors to its Board of Auditors. To strengthen its business execution system in each region and workplace, as well as enhance the supervisory function of the Board of Directors, Honda has introduced an Operating Officer System. To help its Board of Directors respond quickly to changing business environments, as well as to improve the flexibility of its decisionmaking process, Honda limits directors’ assignments to one year and Corporate Governance: Organization Board of Auditors: 5 Auditors (Outside Auditors: 3 Auditors) Business Ethics Committee: 6 Officers Compliance Officer Regional Sales Operations (Japan) Regional Operating Board Risk Management Officer Regional Operations (North/ Central America) Regional Operating Board determines their compensation in accordance with business results. Based on its fundamental corporate philosophy, Honda has refined its organizational structure. A general manager from the Board of Directors or an Operating Officer is now assigned to each administrative region, business and functional division. The Executive Council deals with important global issues, and regional operating councils deal with important regional management issues. Honda has developed a highly effective and efficient business execution system to respond to the needs...
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...Running Head: ADMINISTRATIVE ETHICS PAPER Administrative Ethics Paper Rosa Greer Axia College of University of Phoenix Administrative Ethics Paper Administrative ethical issues occur in health care today such as patient privacy, confidentiality or HIPAA. It is best to resolve this type of issue because patient privacy in health care is very important. These policies are designed to protect the rights of patients by making sure personal information of the patient is not disclosed in any way. Protecting a patient’s privacy by way of disclosing personal information and is not to be released without personal formal consent. Also, of employees discussing patient information on the job to people with no knowledge of the patient or even off the job. Many health care organizations enforce privacy policies such as HIPAA and confidentiality although all employees do not abide by such policies. It is being found that more frequently that people from these health care organizations are breaking these policies and their must be changes to provide patients with protection. Administrative ethical issues of the HIPAA Policy within health care organizations must make necessary changes to appropriately protect the rights of patients. The issue at hand is that of health care organizations properly protecting the rights of their patients. The article that will be discussed in this paper is that of OCR issues proposed Modifications to HIPAA Privacy and Security settings (Frank Irving...
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...Ethics in Marketing Research Introduction: Today, it is far too easy to begin practicing marketing research. But unethical research practice relying on poor information to make major decision has resulted in loss of market share, reduction in profits, and, in some cases, bankruptcy. Ethics are moral principles or values generally governing the conduct of an individual or group. Ethics behavior is not, however, a one-way relationship clients, suppliers, as well as field services, must also act in an ethical manner. Ethical questions range from practical, narrowly defined issues, such as a researcher's obligation to be honest with its customers, to broader social and philosophical questions, such as a company's responsibility to preserve the environment and protect employee rights. Unethical practices by some suppliers include abusing respondents, selling unnecessary research, and violating client include requesting bids when a supplier has been predetermined, requesting bids gain to free advice methodology, marketing false promises, and issuing unauthorized requests for proposals. Marketing research field services have used professional respondents, which I unethical. Respondents have certain rights, including the rights to choose whether to participate in a marketing research project, the right to safety from physical and psychological harm, and the right to be informed of all aspects of the research task. They should know what is involved, how long it will take...
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...States are grounded in the tradition of public service. They are organized as public trusts, holding their collections and information as a benefit for those they were established to serve. Members of their governing authority, employees and volunteers are committed to the interests of these beneficiaries. The law provides the basic framework for museum operations. As nonprofit institutions, museums comply with applicable local, state, and federal laws and international conventions, as well as with the specific legal standards governing trust responsibilities. This Code of Ethics for Museums takes that compliance as given. But legal standards are a minimum. Museums and those responsible for them must do more than avoid legal liability, they must take affirmative steps to maintain their integrity so as to warrant public confidence. They must act not only legally but also ethically. This Code of Ethics for Museums, therefore, outlines ethical standards that frequently exceed legal minimums.” What is the procedure(s) for the acquisition of artifacts by and for museums today? Just to compare two of many The Museum of Fine Arts Boston and The Metropolitan Museum of Art pretty much does the same thing in order to acquire art. The Director and Deputy Director together have the authority to approve acquisitions valued at or under $50,000 on behalf of the Committee. The Committee will be informed of all such decisions. Acquisitions above $50,000 require Committee approval. When time does not...
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...Orion Shield Project case follows that of Gary Allison, an inexperienced project manager with SEC who follows the corrupt advice of Henry Larson, an SEC executive. With an inexperienced project manager, and a corrupt advisor the Orion Shield Project has multiple problems to include those of technical, ethical, legal, contractual, and managerial. Introduction In order to be a well-rounded project manager one must not only have the technical, but administrative and organizational background. Another imperative characteristic a project manager, especially those in the research and development (R&D), is that they “work well under pressure and are comfortable with Change and complexity in dynamic environments (Who are Project Managers, pmi.org).” A good outline to follow in project management is known as the project management triangle, consisting of scope, cost, and time, and in the instance of the Orion Shield Project, all three areas were botched. In order to understand the points of failure, one must have a background of the project. Space Technology Industries (STI) won a contract from NASA called the Orion Shield Project, in turn STI sent out a request for proposal (RFP) for subcontractors for the sub parts of the contract. The RFP was for a Research and Development (R&D) contract, was Fixed Price Incentive Fee (FPIF), a 10...
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