Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from essay:
But experience shows that the concern for the safety of others, particularly of possible or future victims, becomes stronger than the rule of confidentiality or an attorney's loyalty to the client. The attorney should continue to encourage the client to confess his own crime for his own benefit in the long run. And the effect that non-revelation will have on the attorney and his relationship with the client is that it can erode the integrity of the relationship itself. It must be built on honesty and integrity. The attorney cannot be effective by colluding with a guilty client. He must tell the client that the truth will eventually come out (Schneider & Levinson).
Resolving an Ethical Dilemma
Philosophers performed this according to one of two general approaches (White, 1993). The first is based on the practical purpose of the act and the second is based or judged according to the nature or correctness of the action itself. The first argues that if there is no harmful consequence, it is not wrong. The second argues that some actions are simply wrong and, therefore, must be avoided. But they can be combined and addressed in three steps (White).
The first is to analyze and consequences (White, 1993). Even if applicable, the discretionary disclosure option is not an obligation. The attorney may choose to simply keep quiet and stay away from complications. It is the job of the police and the courts to seek out and punish offenders. He would not risk getting penalized or disbarred. But when considering all positive and negative consequences, both in short- and long-term, colluding may be the worse choice to make. The second step is to analyze the options from a different perspective, namely the correctness of the action of withholding itself. Will the attorney feel at par with moral principles of honesty, fairness and dignity? If there is conflict, is one of them actually more important than the other or other considerations? And the third is to make the decision from the results of the first two steps (White).
Conclusion: Response/Tackling the Dilemma
If I were the attorney, I would handle this dilemma in one, two or all of three ways. In the first, I will make sure that the confessed abduction and murder of the 5-year-old boy by the client is not the subject matter of my representation. (The case description in the assignment is not clear about this.) If it is beyond the subject matter, then the information is not confidential and I will inform the parents of the missing and murdered boy about what I gathered from the client. In the second, if I learn that the confessed information is or lies within the subject matter of my representation, I will continue to convince the client to confess his crime to the authorities. I will emphasize to him the benefit of a plea of guilt and that I will work vigorously for leniency with the judge and much-reduced sentence. And third, I will remind him that his crime will eventually be revealed no matter how we hide it. When it gets discovered in some future time or anytime soon, he may not be able to obtain lenient considerations as what we now can if he agrees. I will also remind him of the feeling of release from guilt and stress if he confesses voluntarily. I will tell him what surveys find concerning living in guilt and stress as highly contributing to a growing range of diseases, like heart disease, cancer, asthma and hypertension. I will persist in enlightening him with the thought that life can be better if he did not live with a guilt and with the apprehension of getting found out any time.
Hill and Bleiberg (2013). Managing ethical issues in your day-to-day practice.
Hill and Bleiberg Injury Lawyers: Hill and Bleiberg. Retrieved on March 19, 2013
Schneider, B. And Levinson, J.P. (2005). Ethical dilemmas related to disclosure issues sex addiction therapists in the trenches. Retrieved on March 19, 2013 from http://www.jenniferschneider.com/articles/Ethical_Dilemmas.htm
Stuart, G. (1997). The ethical duty of confidentiality. Ethics Law. Retrieved on March 19,
2013 from http://www.ethicslaw.com/dutycon.html
White, T.L. (1993). Resolving an ethical dilemma. Ethics and Business. Retrieved on March 19, 2013 from http://www.asec-sldi.org/dotAsset/292830.pdf[continue]
"Lawyers And Ethics To Disclose" (2013, March 21) Retrieved December 8, 2016, from http://www.paperdue.com/essay/lawyers-and-ethics-to-disclose-86862
"Lawyers And Ethics To Disclose" 21 March 2013. Web.8 December. 2016. <http://www.paperdue.com/essay/lawyers-and-ethics-to-disclose-86862>
"Lawyers And Ethics To Disclose", 21 March 2013, Accessed.8 December. 2016, http://www.paperdue.com/essay/lawyers-and-ethics-to-disclose-86862
Ethics in a Long-Term Healthcare Business Ethics in the health care industry spans a wide spectrum of activities and most of the obligations are cast by law on the professionals and the second by the common practice and morals of the profession. Both are important to the progress of the institution and also the health care industry. Compliance of statutes is of primary importance. Compliance There are many rules and statutes that must
Their primary duty is that of guiding the spiritual and religious aspects of the lives of their community members. They should give the highest priority to their duties towards the community including church service, counseling and other ceremonial functions required by their profession. As part of their professional and ethical duties, pastors are also required to show an interest in community development and increase their participation in community activities.
Professional Ethics Issue: The case where the professional ethics issue arises is a situation in which the commended obligation for journalists to safeguard the confidentiality of their sources conflict with their supposed duty to help legal authorities in the quest for justice. As a notable case, Time's Matthew Cooper and New York Times' Judith Miller are facing an ethical dilemma with two major options. First, these journalists are faced with the
Code of Ethics and Professional Responsibility of Paralegals: Canons The term "canon" is used to refer to rules, standards of conduct, and general maxims that are accepted as fundamentally binding in a particular field or group. There would be no need for laws if all people were innately honest and just. This is not the case, as a significant number of individuals in our society are motivated by selfish desires and
Business Ethics Introduction (Summarize the overall viewpoint of the author, and discuss the major issues presented in the case.) In the case, the author is showing how Dennis Kozlowski and Mark Schwartz were at the top of an elaborate scheme to defraud Tyco. This was accomplished by talking about how their troubles began based upon Kozlowski's desire to avoid paying taxes on artwork in New York State. As the investigation expanded, the
"Yet earnings estimates have acquired a life of their own and often generate more attention from the media and analysts than a company's actual financial results." (Whalen, 2003). More conservative critics of analyst conflicts rules believe that they are a step in the right direction, but view them as a work in progress. For example, the Sarbanes-Oxley bill, which mandated many improvements in corporate managers' financial practices, did nothing to
The industry states that testimony about grief is only appropriate to a trial and to allow victims families to participate in the activities of the NTSB would be a "gold rush" plaintiffs' lawyers became part of the investigations" (Alvarez 1999:2). Even if victims' families did not initially think anything on the fault of the airlines had transpired, their lawyers would encourage them to believe so, and approach supposedly objective