legal ethics

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: , , , , ,

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: , , , , , , , , , , , , , , ,

Reasonable fees: The Norbourg class action

14 Mar 2011

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Canada.com reports that counsel in the Norbourg class action are seeking fees equivalent to approximately 20 percent of their recovery.

While I have never shied away from criticizing excessive legal fees in class action litigation, the fees counsel seek in this matter, at least on the surface, are imminently reasonable.

Typically, the professional fees lawyers require in contingency fee cases hovers around 25 percent, and ramps up to about 35 percent when the matter is set down for trial. Usually, this excludes the lawyers’ out of pocket expenses.

Most often, contingency fee cases involve personal injury files where liability for the accident is admitted – the only real question is the amount to be collected.

Norbourg represents an entirely different kettle of fish.

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By: Franco Tarulli Category: Lawyers, Legal fees Tags: , , , , , , , , , , ,

Pot Bust Goes Awry – Law Prof Threatens to Sue

21 Feb 2011

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Police in the San Francisco suburb of Castro apparently botched a drug raid on a private home on January 11, 2011, breaking in and placing law professor Clark Freshman in handcuffs, over his objections that police had the wrong house.

In fact, the information in support of the warrant indicated that police had cased the home for 2 days, but still provided an inaccurate description of the building they raided.

If that is true, it’s reprehensible.

My concern, however, is with the good professor’s own conduct.

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