Identifying the Ethical System

Anonymous
timer Asked: Jan 1st, 2018
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Question description

Identifying the Ethical System

You are an intern at an attorney's office and you have been asked to prepare a memo in response to the following scenario:

  • You have been accompanying one of the attorneys in your office to visit a client in jail. You notice that the attorney has been requesting continuances in his case for frivolous reasons. This has kept the inmate in jail for a long time. You suspect this has to do with the fact that the attorney hasn't received full payment for his work
  • The inmate discusses the problem with you, asking for your help. Upon being approached, the attorney explains the "Confidence Game," or the need for putting informal pressure on clients to pay the required legal fees.

You must determine what your next steps will be.

Part 1:

Write an analysis report of four to five pages in Microsoft Word document analyzing the dilemma and how you will handle the problem:

  • Address if the attorney's action was ethical.
  • Explain why you believe the inmate feels he can trust you.
  • Address if the legal code of the American Bar Association (ABA) was broken?
  • Explain why you chose to handle the incident in the manner in which you did.
  • Identify the ethical system you used to make your decision.

Part 2:

Are you a whistle-blower?

  • Explain when and how whistle-blowing is ethical.
  • Identify an ethical system that would consider whistle blowing a betrayal.
  • Identify an ethical system that would consider whistle blowing a public duty.
  • Would you consider reporting your colleague to a partner in the law firm or some other higher authority?
  • Would reporting your colleague be considered "whistle blowing?"

For information on the legal rules of conduct and whistleblowing, visit the following websites:

Support your responses with examples.

Cite any sources in APA format.

Tutor Answer

shellyt
School: UCLA

Attached.

Running head: IDENTIFYING THE ETHICAL SYSTEMS

Identifying the Ethical Systems
Institutional Affiliation
Date

1

IDENTIFYING THE ETHICAL SYSTEMS

2

Part 1
The fact that the attorney, in this case, is playing the confidence game is unethical. In
definition, the confidence game is an effort made by attorneys to defraud clients through falsely
gaining their confidence. The aim is primarily to obtain money from the client and is unethical
and illegal practice in law in the united states. In this case, the attorney is requesting court
continuances for frivolous reasons to have the client desperate in jail so that he can obtain the
unpaid fee. The attorney’s act of cheating swindling and giving mere reasons for continuations is
an unethical act that involves moral turpitude in the practice of law. It is unethical that the
attorney leads the mark to make the client believe that he is undertaking shady things about the
case by giving frivolous excuses when requesting for continuations. It is therefore unethical for
the attorney to put his interest in front of the interests of his client for financial benefits. The
client is overstaying in jail due to the financial interests of the lawyer, which is unethical given
that he has not communicated openly to the client.
I believe that the inmate feels he can trust me because of various reasons typically
involving communication, ethics, competence, and fees. After analyzing this issue, it is clear that
the tension between the attorney and his client emanates from the above categories. The client
does not experience only one problem with fees as it is thought to be. Communication is,
therefore, a reason why I think the client will trust me because I intend to k...

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