Questions tagged [professional-ethics]

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37 views

Is there a difference in a lawyer's culpability between “negative” and “positve”malpractice?

By "negative" malpractice, I mean sins of omission, such as missing a deadline, or omitting a key document from a filing. By "positive" malpractice, I mean a sin of commission, ...
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67 views

23&me used in criminal investigations?

...Ok not literally. But 23 & me analyses your DNA and can tell you roughly where your genetics are from and in particular, could point towards a particular race of person. We know that DNA ...
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1answer
74 views

Is it an ethics violation for an attorney in one state to send a confidential email to their client, an unlicensed attorney& the opposing counsel?

If the content of this email specifically shows the licensed lawyer telling the unlicensed lawyer that "obtaining [the father's] past employment files for child support purposes is an option.&...
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40 views

Am I obligated to chase after someone to pay them? [duplicate]

We hired a tree removal service to remove some trees from our property. The bill was paid for by the solar company that installed our solar service. The solar company sent us a check for the tree ...
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1answer
71 views

In Washington state must a doctor report things that happened in the past?

Are Washington state's mandated reporting requirements triggered if a doctor discovers that their adult patient had been abused in the past? What if there are no longer any 'protected populations' at ...
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99 views

Examples of Unethical Experimental Studies

I am teaching ethics in a statistics class. I am looking for examples when deceptive statistical evidence was caught or attempted to be used. For example, is there an example of a party who had ...
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1answer
43 views

Can a person secure an entity's former employee to act as an expert witness against them?

In federal court, is there any ethical or evidentiary rule that prohibits a person from using that entity's former employee as an expert witness against them? For context, I would like to use a ...
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1answer
54 views

Job interview presentation about patented work by previous employer

In the interview process of some tech companies there is a time slot allocated for a presentation to the members of the team, which is expected to be about a topic you have directly worked on. Some ...
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1answer
6k views

A sitting judge is claiming to represent a client against me. Should I file a bar complaint?

We recently had to fire an employee for cause. After we sent an email to the former employee asking for a password to an account that belonged to the business, we received a reply from a person who ...
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1answer
50 views

What role, if any, would unethical behavior play in a malpractice case?

My understanding, as a layman, is that a lawyer need not obtain the "best" or optimal result for a client, only a "reasonable" result. In academic terms, a lawyer need not earn an "A." A "C" is ...
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62 views

Why are lawyer referral fees considered “unethical?”

According to this article the Avvo lawyer referral program was ruled unethical. the Avvo website offers an impermissible referral service, in violation of Rules of Professional Conduct 7.2(c) and 7.3(...
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57 views

Ethics question when a possible crime is involved in litigation

The simple background is that someone has misspent some money that they weren't really authorized for. We are gearing up and may soon be plaintiffs and this person will become a defendant. The ...
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1answer
56 views

Canadian Lawyer Ethics

In Canada/Ontario, lawyers are bound by the Law Society of Upper Canada. Is there some specific statute/law/code that one can cite that prevents lawyers from harassing clients of the other party in ...
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21 views

What laws might be broken by a security group harvesting stolen credentials for financial gain in penetration testing

The very interesting question I have is when “ethical” hackers/pen testers harvest these repositories of stolen credentials to then use them in pen testing for paying clients what laws are broken if ...
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1answer
84 views

What bar ethics restrictions are there on lawyers commenting on current legal cases?

In the United States, what bar ethics restrictions are there on lawyers publicly commenting on ongoing legal cases in which they represent no parties? Since different state bars might have different ...
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1answer
153 views

Cross examination ethics

Due to an ongoing case, I was wondering the following. Can any complaint be made if a barrister suggests something plainly absurd (e.g. the witness made it up when there is CCTV evidence) and also ...
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83 views

Is it possible to request a copy of my client file from the public defender and district attorney office?

I have a disposition hearing for a new case and I would like to present evidence, particularly from conversations between my public defender and my doctor and the DA and my doctor, from an old case. ...
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69 views

AR Code § 21-8-402 (2018)

I am concerned the wording that appears in 21-8-402 5.B.vii may be too vague. Included below for your convenience. (vii) (a) Anything with a value of one hundred dollars ($100) or less. (...
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44 views

Ex-parte communication between a Judge and Prosecutor - ethical breach or canon violation?

I was the defendant in a case and had the strange feeling that the Judge and Prosecutor were very friendly. After the hearing and verdict (not in my favor) I found online, that while the case was ...
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Does a GP sending patient info to a hospital without asking for consent violate medical ethics?

So, let’s say that you went to a General Practitioner (GP) about some pain, got some tests done, and they told you that you were fine; all the tests came back normal. Then, some time later, they look ...
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80 views

what if two words in a law or act are being used but are contradictory? [closed]

specifically within the adam walsh act, in florida, it allows the ICAC to enact "proactive investigations" and this is how they avoid being pursued for entrapment. Blacks law definitions What is ...
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57 views

A company finds out that it has made a material decision based on incorrect personal data, what should it do?

A company terminates an employee based on what it believes to be a record of the actions of person gained from log files. Months later the company finds out that this information is not correct. ...
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560 views

Can a lawyer subject the court to a (temporarily) ruse for a legitimate purpose?

This question is about the legality of a possible defence tactic that might be used in a criminal trial. It is a variation on things you see in lawyer movies fairly commonly. Suppose that a criminal ...
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1answer
45 views

What is the scope of Interpreter code of ethics coming into play in future congresional investigations?

It has been in the news lately that the President has had a number of private head ups with Putin. On the news someone suggested (Don't remember if it was a congress person or the newscaster), that ...
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1answer
173 views

Lawyer forgot to file the paperwork and now has no case: what to do?

A close friend of mine had a legitimate suit against a large business. He was directly harmed, the business was caught and punished (for harming him and many other clients), and my friend joined a ...
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1answer
40 views

Do threats against an attorney constitue a conflict of interest?

When an attorney is considering handling a case, and receives off-the-record threats against his(/her) life, property, family, professional future, etc., is it ethical for the attorney to simply tell ...
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249 views

At what point is a lawyer's actions considered “bad faith” and is there recourse for punishment?

I have been dealing with a lawyer for a payment dispute with an old employer. The lawyer in question has been doing some questionable things and I am not sure which ones would be considered 'over the ...
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3answers
91 views

Must a professional services firm replace a worker at the client's request?

If a taxpayer has particularly bad "personal chemistry" with an auditor of the Internal Revenue Service (IRS), the IRS will replace the "agent" with another one. Now one can't make this request ...
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1answer
186 views

What if a lawyer steals my idea and doesn't do the work?

I'm working on a tech startup that involves a specific industry. Because the industry is regulated, I decided to get a lawyer to sign off on my system and tell me whether I would need to change ...
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1answer
208 views

In the US: Would it be illegal (maybe fraud) for a musician to fake their own death?

I heard about someone who had to do with recording a Jerry Garcia solo album but he died right before it came out and this guy made TONS of money off of it. The Beatles also got a lot of attention ...
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202 views

How do rules of conduct apply when acting in a pro hac vice role in another state?

A lawyer's client sent me a mild threat via text message. I have contacted the attorney on 4 separate occasions requesting an explanation/response from the attorney. They have not responded. Are there ...
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78 views

a non-law firm almost all whose work is by its in-house lawyers

In the United States, a law firm (companies whose remit is to practice law) has various restrictions. For example, in Missouri, if I'm not mistaken, it must be owned by a lawyer and is restricted as ...
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1answer
153 views

Are Michael Cohen's False Statements About the Law Grounds for Disbarrment?

A recent NPR article revealed that in making a threat of a lawsuit, Michael Cohen materially misrepresented the law in claiming that one cannot rape their spouse. This strikes me, as a layperson, as ...
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1answer
78 views

What did Learned Hand mean by 'whether the best mood or habit is not that' and 'all specific choices may be momentous'?

Source: The Betrayed Profession (1994), p. 238 Middle.   Judge Learned Hand was certainly right when he evoked the commandment "Thou shalt not ration justice"; but it is not quite that easy. ...
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57 views

Why would corporate house counsel be limited by unsupervised discovery?

Source: The Betrayed Profession (1994), p. 11 Middle.  Indeed, even today we have significant areas of law where lawyers must pledge not to do what their clients would wish them to do. Judges ...
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1answer
275 views

What did Flybe actually do wrong?

Read an article recently regarding FlyBe, and their attempt to find out (from a list of unknown user data) who wanted to be contacted in the future with promotions, etc. They sent an email to this ...
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1answer
99 views

Consulting with two attorneys regarding the same matter

If I have retained attorney A and wish to get a second opinion from attorney B, am I obliged to inform attorney A about B, or vice versa? If I do inform B about A, is B permitted or obliged to contact ...
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11k views

Judge Judy specific retaliation: technically ethical?

In this clip, Judge Judy Sheindlin directs a defendant to “talk fast.” He responds with, “If you wouldn’t cut me off, I’d be able to talk fast.” Judge Judy, out of disbelief or humor, asks the bailiff ...
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104 views

What constitutes gross misconduct for teachers in the UK?

I recently heard of a story where an employee at a primary school in England was put on paid suspension. The reason given for this suspension was that she attended a peaceful demonstration against ...
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1answer
86 views

Can federal prosecutors go against the Justice Department's interpretation of the law?

Suppose that the U.S. Department of Justice (DOJ) has a belief or opinion about what the proper interpretation of a certain statute or Constitutional provision is, and that they have formalized their ...
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1answer
125 views

Is it unethical for a prosecutor not to try his hardest to get an indictment?

A Grand Jury failed to indict Darren Wilson, the police officer who shot Michael Brown, which led to riots in Ferguson, MO. This my have been due in part to the fact that the prosecutor presented the ...
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1answer
436 views

Are there limits on unreasonable claims by an attorney?

Attorneys often write letters to third parties, in order to get something for their client. E.g. if A trespasses against B, B's attorney may write a letter to A stating that the trespass must be ...
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1answer
139 views

Is it ethical for an attorney to drag his/her feet with clients that aren't creating much financial benefit?

I'm trying to tie up the last loose end from my dissolution. My ex's attorney, who I contacted a week ago, told me she's so busy that she does not intend to contact my ex until her bigger cases are ...
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1answer
486 views

What type of lawyer would I need to help me deal with issues of academic misconduct?

What can stop a university from doing whatever they want and screwing students over in terms of accusing them of cheating, plagiarism, or a misunderstanding of professor authorization of essay re-...
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1answer
811 views

How can I find out who an attorney represented in a case?

I think an attorney may have represented two opponents at the same time. What are the legal requirements on attorneys and is there a way to find out who their client was? I believe my divorce ...
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1answer
747 views

If a barrister cannot convince his client to act on his advice, should not the lawyer still effect and respect the client's instructions?

Source: p 33-34, The Art of the Advocate (1993) by Richard Du Cann QC. Please advise me how I can abridge the quote below to reduce this post's length. The Legal Aid and Advice Act has made ...
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What is Justice? [closed]

A blindfolded woman holding out an equal-arm scale commonly illustrates Lady Justice. However, this is merely a characterization Justice. In Book I of Plato’s Republic, Thrasymachus claims that “the ...