When no one is watching

7 Jun 2011

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I’ve always had a great deal of respect for the medical profession.

Unlike lawyers, accountants, Realtors, or even the clergy, the decisions they make affect life and limb. For doctors, ethical conduct isn’t just a means of maintaining the public trust; it’s an essential to their mandate of saving lives.

My doctor has this sign posted on her door:

 

 

To me, it demonstrates the importance of a values-based ethics system, over a rule-based ethics system.

In the end, we might be accountable to our clients and the profession. But if your values lead you to act ethically only when you are being watched, are you really an ethical professional?

By: Franco Tarulli Category: Conduct, Judges, Judicial conduct, Lawyers Tags: , , , , , , , , , , , , , , ,

Ethics and Respect

1 Jun 2011

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The literature on business ethics often treats the topic far more superficially than ethics literature from the professions. Still, this short article from the Harvard Business Review’s Management Tip of the Day blog lends credence to the theory that there must be a common ground if ethics that runs through all disciplines.

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By: Franco Tarulli Category: Uncategorized Tags: , , , , ,

The Maximum Security Courthouse

12 May 2011

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One of the best things about being licensed in multiple jurisdictions is the opportunity to observe emerging trends. The opportunity to see trends obviously applies to the development of case law and judicial attitudes.

One less obvious opportunity is to see changes in courthouse security. What I’ve seen is more than a little disheartening. More

By: Franco Tarulli Category: Courts Tags: , , , , , , , ,

The Ethical Lawyer is a New Dad!

8 Apr 2011

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I’m proud to announce the birth of my daughter, Amelia, born March 29, 2011!

By: Franco Tarulli Category: Uncategorized

Teaching Ethics in a Recession

8 Apr 2011

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Paul Horowitz at PrawfsBlawg has noticed that the economy appears to have an influence on how law students approach problems in legal ethics.

In particular, students seem to adhere to a more client-loyal view of legal ethics, rather than espousing the overarching duties that lawyers have to the court. This, Professor Horowitz says, leads students in class discussions to give answers that are aimed at keeping the client, rather than providing recommendations that might risk having the client take the file elsewhere. In addition, students tend to favour non-disclosure where ethical rules are permissive about the breach of confidentiality.

The post, and the observations in it, are fascinating. But they reveal the weaknesses inherent in a rule-based approach to ethics, as opposed to a values-based approach.

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By: Franco Tarulli Category: Conduct, Lawyers Tags: , , , , , , , , , , , , , , ,
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