EthicsDoesn’t that just mean to “be nice”?

Sharon A.

Stone

Director,

Butte County CSS

Alan

Schmidt

Child Support

Attorney, Butte County CSS

Let’s: ✷ Define “ethics”

✷ Discuss why ethics are important

✷ Review some myths about ethics

✷ Discuss some ethical situations

✷ Consider whether or not we’re ethical

✷ 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 EthicsEthics in Public Service, William Randolph, CSUC Center for Continuing EducationHow Ethical Am I? WalktheTalk.ComAssessing Your Agency’s Ethical Culture, Institute for Local Government (used with permission)Perception, Internet, Unidentified AuthorPhilosophy 302: Ethics, philosophy.lander.eduWikipedia

Sharon A. Stone

sstone@buttecounty.net

Alan Schmidt

aschmidt@buttecounty.net