Ethics
Doesn’t that just mean to “be nice”?
Sharon A. Stone
Director, Butte County CSS
Alan Schmidt
Child Support Attorney, Butte County CSS
Let’s:
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Define “ethics”
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Discuss why ethics are important
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Review some myths about ethics
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Discuss some ethical situations
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Consider whether or not we’re ethical
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Commit to being ethical
Can We Define Ethics?
First: Discerning right from wrong
Second: Committing to do what is right
Third (and arguably hardest): Doing what is right
It All Sounds So Simple!
First: “Discernment”
Discernment is the ability to obtain sharp
perceptions or to judge well…
What does that mean?
Won’t we just know if its right or wrong?
How do we develop our “perceptions”?
Just in case you needed to see the spider!
Relativism
Culturally or Socially different groups of people have
different moral standards for evaluating acts
as right or wrong.
Leisure Activity is Good
“Physical exercise”
“Mental exercise”
Culture and Perception
Ethical Relativists Might Argue • An absolute ethical standard has never been
proved beyond doubt in history of thought.
• Thus, an absolute ethical standard does not
exist.
Let’s see how close we can get to setting a
standard for ourselves!
Can We All Agree That Ethics Are
Important?
Why?
True or False?
1.It’s ethical if it’s legal and permissible.
2.It’s ethical if it’s part of the job.
3.It’s ethical if it’s for a good cause.
4.It’s ethical if no one’s hurt.
5.It’s ethical if everyone does it.
6.It’s ethical if I don’t gain personally.
7.It’s ethical if I’ve got it coming.
8.It’s ethical if I’m objective.
9.It’s ethical if I fight fire with fire.
10.It’s ethical if I do it for you.
NON MYTHS
Non-Myths:
Rule 1-300 Unauthorized practice of law
Rule 2-100 Communication with a represented party (22CCR112140)
Rule 2-400 Prohibited discriminatory conduct
Rule 3-100 Confidential information of a client (FC 17212)
Rule 3-110 Failing to act competently
Rule 3-210 Advising the violation of the law
Rule 3-600 Organization as a client
Rule 5-100 Threatening criminal, administrative, or disciplinary
charges
Rule 3-110 Failing to Act Competently
(A) A member shall not intentionally, recklessly, or repeatedly fail to perform
legal services with competence.
(B) For purposes of this rule, "competence" in any legal service shall mean to
apply the 1) diligence, 2) learning and skill, and 3) mental, emotional, and
physical ability reasonably necessary for the performance of such service.
(C) If a member does not have sufficient learning and skill when the legal
service is undertaken, the member may nonetheless perform such services
competently by 1) associating with or, where appropriate, professionally
consulting another lawyer reasonably believed to be competent, or 2) by
acquiring sufficient learning and skill before performance is required.
Rule 3-600 Organization as Client
(A) In representing an organization, a member shall conform his or her representation to the concept that the client is the organization itself, acting
through its highest authorized officer, employee, body, or constituent overseeing the particular engagement.
(B) If a member acting on behalf of an organization knows that an actual or apparent agent of the organization acts or intends or refuses to act in a
manner that is or may be a violation of law reasonably imputable to the organization, or in a manner which is likely to result in substantial injury to
the organization, the member shall not violate his or her duty of protecting all confidential information as provided in Business and Professions
Code section 6068, subdivision (e). Subject to Business and Professions Code section 6068, subdivision (e), the member may take such actions
as appear to the member to be in the best lawful interest of the organization. Such actions may include among others:
(1) Urging reconsideration of the matter while explaining its likely consequences to the organization; or
(2) Referring the matter to the next higher authority in the organization, including, if warranted by the seriousness of the matter, referral to the
highest internal authority that can act on behalf of the organization.
(C) If, despite the member's actions in accordance with paragraph (B), the highest authority that can act on behalf of the organization insists upon
action or a refusal to act that is a violation of law and is likely to result in substantial injury to the organization, the member's response is limited to
the member's right, and, where appropriate, duty to resign in accordance with rule 3-700.
(D) In dealing with an organization's directors, officers, employees, members, shareholders, or other constituents, a member shall explain the
identity of the client for whom the member acts, whenever it is or becomes apparent that the organization's interests are or may become adverse
to those of the constituent(s) with whom the member is dealing. The member shall not mislead such a constituent into believing that the
constituent may communicate confidential information to the member in a way that will not be used in the organization's interest if that is or
becomes adverse to the constituent.
(E) A member representing an organization may also represent any of its directors, officers, employees, members, shareholders, or other
constituents, subject to the provisions of rule 3-310. If the organization's consent to the dual representation is required by rule 3-310, the consent
shall be given by an appropriate constituent of the organization other than the individual or constituent who is to be represented, or by the
shareholder(s) or organization members.
Rule 3-100 Confidential Information of a Client
(A) A member shall not reveal information protected from disclosure by Business and Professions Code
section 6068, subdivision (e)(1) without the informed consent of the client, or as provided in paragraph
(B) of this rule.
(B) A member may, but is not required to, reveal confidential information relating to the representation of
a client to the extent that the member reasonably believes the disclosure is necessary to prevent a
criminal act that the member reasonably believes is likely to result in death of, or substantial bodily
harm to, an individual.
(C) Before revealing confidential information to prevent a criminal act as provided in paragraph (B), a
member shall, if reasonable under the circumstances:
(1) make a good faith effort to persuade the client: (i) not to commit or to continue the criminal act or (ii)
to pursue a course of conduct that will prevent the threatened death or substantial bodily harm; or do
both (i) and (ii); and
(2) inform the client, at an appropriate time, of the member's ability or decision to reveal information as
provided in paragraph (B).
(D) In revealing confidential information as provided in paragraph (B), the member's disclosure must be
no more than is necessary to prevent the criminal act, given the information known to the member at
the time of the disclosure.
(E) A member who does not reveal information permitted by paragraph (B) does not violate this rule.
See also: Family Code Section 17212 re: Privacy Rights and Confidential Records
Rule 2-100 Communication With a
Represented Party
(A) While representing a client, a member shall not communicate directly or indirectly
about the subject of the representation with a party the member knows to be
represented by another lawyer in the matter, unless the member has the consent of
the other lawyer.
(B) For purposes of this rule, a "party" includes:
(1) An officer, director, or managing agent of a corporation or association, and a
partner or managing agent of a partnership; or
(2) An association member or an employee of an association, corporation, or
partnership, if the subject of the communication is any act or omission of such person
in connection with the matter which may be binding upon or imputed to the
organization for purposes of civil or criminal liability or whose statement may constitute
an admission on the part of the organization.
(C) This rule shall not prohibit:
(1) Communications with a public officer, board, committee, or body; or
(2) Communications initiated by a party seeking advice or representation from an
independent lawyer of the party's choice; or
(3) Communications otherwise authorized by law.
Rule 1-300 Unauthorized Practice of Law
(A) A member shall not aid any person or entity in
the unauthorized practice of law.
(B) A member shall not practice law in a
jurisdiction where to do so would be in violation of
regulations of the profession in that jurisdiction.
Rule 3-210 Advising the Violation of Law
A member shall not advise the violation of any law,
rule, or ruling of a tribunal unless the member
believes in good faith that such law, rule, or ruling
is invalid.
A member may take appropriate steps in good
faith to test the validity of any law, rule, or ruling of
a tribunal.
Rule 5-100 Threatening Criminal,
Administrative, or Disciplinary Charges
(A) A member shall not threaten to present criminal, administrative,
or disciplinary charges to obtain an advantage in a civil dispute.
(B) As used in paragraph (A) of this rule, the term "administrative
charges" means the filing or lodging of a complaint with a federal,
state, or local governmental entity which may order or recommend
the loss or suspension of a license, or may impose or recommend
the imposition of a fine, pecuniary sanction, or other sanction of a
quasi-criminal nature but does not include filing charges with an
administrative entity required by law as a condition precedent to
maintaining a civil action.
(C) As used in paragraph (A) of this rule, the term "civil dispute"
means a controversy or potential controversy over the rights and
duties of two or more parties under civil law, whether or not an
action has been commenced, and includes an administrative
proceeding of a quasi-civil nature pending before a federal, state, or
local governmental entity.
Rule 2-400 Prohibited Discriminatory
Conduct in a Law Practice.
(A) For purposes of this rule:
(1) "law practice" includes sole practices, law partnerships, law corporations, corporate and
governmental legal departments, and other entities which employ members to practice law;
(2) "knowingly permit" means a failure to advocate corrective action where the member knows of a
discriminatory policy or practice which results in the unlawful discrimination prohibited in paragraph
(B); and
(3) "unlawfully" and "unlawful" shall be determined by reference to applicable state or federal
statutes or decisions making unlawful discrimination in employment and in offering goods and
services to the public.
(B) In the management or operation of a law practice, a member shall not unlawfully discriminate or
knowingly permit unlawful discrimination on the basis of race, national origin, sex, sexual orientation,
religion, age or disability in:
(1) hiring, promoting, discharging, or otherwise determining the conditions of employment of any
person; or
(2) accepting or terminating representation of any client.
Self Assessment
Let’s Review
Our Personal
Concepts of Ethics
Culture of Ethics?
Let’s Assess
Our Agency’s
Ethical Culture
Real Life “News”
“Sleazy but legal” - McCaskill
“I expect an apology from the NFL
when its investigation determines the
Patriots did nothing wrong.” - Kraft
Other examples?
What Are Your Going To Do Now?
Build A Culture of Ethics:
→Talk frequently about ethics
→Ask questions when ethics are unclear
→Make ethical decisions
→Report concerns
→Top management staff lead by example
Can We Agree That ….?
We Know What Ethics Are.
We Know Why Ethics Are Important.
We Will Work To Discern Right From Wrong.
We Commit To Doing What’s Right.
We Will Do What’s Right!
QUESTIONS
CREDITS
Business Ethics, Josephson Institute/ Center for
Business Ethics
Ethics in Public Service, William Randolph, CSUC
Center for Continuing Education
How Ethical Am I? WalktheTalk.Com
Assessing Your Agency’s Ethical Culture, Institute
for Local Government (used with permission)
Perception, Internet, Unidentified Author
Philosophy 302: Ethics, philosophy.lander.edu
Wikipedia
Sharon A. Stone
[email protected]
Alan Schmidt
[email protected]