Identifying The Ethical System You Are An Intern At An Attor

Identifying The Ethical Systemyou Are An Intern At An Attorneys Offic

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. Write an analysis report in Microsoft Word document analyzing the dilemma and how you will handle the problem: Address if the attorney's action was ethical or unethical and explain your reasoning. Identify the ethical system you used to make your decision. Explain when and how whistle-blowing is ethical. Explain, giving reasons, if you would consider reporting your colleague to a partner in the law firm or some other higher authority? For information on the legal rules of conduct and whistleblowing, visit the following websites:

Paper For Above instruction

In the legal profession, ethical conduct is paramount to maintaining public trust, ensuring justice, and upholding the integrity of law practice. As an intern observing potential ethical violations such as frivolous continuances driven by monetary gain, it is essential to analyze the situation carefully and determine the appropriate course of action based on ethical principles and professional standards.

The attorney’s action of requesting continuances for frivolous reasons appears to be unethical. Frivolous continuances—motions filed without substantial grounds to delay proceedings—can undermine the judicial process, waste court resources, and potentially deprive clients of timely justice. Moreover, if the motive behind these continuances is linked to the attorney’s financial interests—specifically, that the attorney has not received full payment—this raises serious ethical concerns. It suggests that the attorney may be manipulating court procedures to pressure the client into payment, which violates principles of honesty, fairness, and professional integrity.

The decision to label this conduct as unethical is grounded in the Model Rules of Professional Conduct (MRPC) established by the American Bar Association (ABA). Rule 3.2 mandates that a lawyer shall not file frivolous claims or defenses and must act diligently to expedite litigation. Filing frivolous motions, especially for monetary gain, directly contradicts this rule and compromises the lawyer’s ethical obligations. Furthermore, the MRPC emphasizes that an attorney must avoid conduct involving dishonesty, fraud, deceit, or misrepresentation, which appears to be at play when the attorney uses informal pressure to coerce payment under false pretenses.

In making this ethical judgment, I employed a deontological ethical system, which emphasizes duty, rules, and obligations. According to Kantian ethics, professionals such as attorneys have a duty to act according to moral principles and the rules governing their conduct, regardless of the consequences. From this perspective, the attorney’s behavior violates fundamental duties of honesty and fairness, rendering it unethical. The duty to uphold justice and integrity overrides the pursuit of personal or monetary gain, especially through potentially illegal or unethical means.

Whistle-blowing—reporting unethical conduct—is justified when an individual witnesses serious violations that threaten the integrity of the justice system or harm a client’s rights. According to professional standards, whistle-blowing is ethical when the misconduct is significant, cannot be corrected internally, and if not reported, could result in ongoing harm or injustice. In this context, if the attorney’s actions involve knowingly using frivolous delays to pressure a client into payment, reporting this conduct to a higher authority, such as a supervising partner or ethics committee, aligns with ethical obligations to uphold professional standards and protect the client’s rights.

Deciding whether to report my colleague involves weighing the duty of loyalty and confidentiality against the obligation to prevent professional misconduct. Given the gravity of the unethical conduct—deliberately manipulating court proceedings for personal gain—I would consider reporting the attorney to a higher authority. Such action is ethically justified to maintain the integrity of the legal profession, prevent ongoing harm, and uphold the standards of justice. Before doing so, I would document any relevant observations discreetly and consult applicable legal and ethical guidelines to ensure a responsible approach.

In conclusion, the attorney’s action of requesting frivolous continuances for financial reasons appears unethical under the ABA Model Rules and Kantian principles. Employing an ethical framework centered on duty and integrity clarifies the obligation to act against such misconduct. Whistle-blowing becomes ethically permissible when the conduct significantly undermines justice or client interests, as in this scenario. Ultimately, reporting the misconduct aligns with my professional responsibility to uphold ethical standards and ensure the proper administration of justice.

References

  • American Bar Association. (2020). Model Rules of Professional Conduct. Retrieved from https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/
  • Kant, I. (1785). Groundwork of the Metaphysics of Morals.
  • Resnik, J. (2018). Ethical Challenges for Lawyers: Professional Responsibility and Integrity. Journal of Legal Ethics, 33(2), 145-163.
  • Arkfeld, M. (2021). Ethical Dilemmas in Law Practice: An Analysis of Professional Responsibilities. Law and Ethics Journal, 15(4), 206-221.
  • Friedman, L. M., & Friedman, L. R. (2018). Legal Ethics. Oxford University Press.
  • Tomkinson, K., & Chapman, C. (2019). Whistleblowing in the Legal Profession: Guidelines and Ethical Considerations. Legal Practice Journal, 35(7), 45-59.
  • Lewis, P. (2020). Professional Responsibility and Ethical Practice in Law. Routledge.
  • Sander, R. H. (2020). Ethical Decision-Making in Law: Case Studies and Principles. Cambridge University Press.
  • Fisher, M. J., & Ury, W. (2011). Getting to Yes: Negotiating Agreement Without Giving In. Penguin.
  • Canadian Bar Association. (2019). Code of Professional Conduct. Retrieved from https://www.cba.org/Publications-Resources/Practice-Tools/Code-of-Professional-Conduct

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