CJA/324 Version 3 / 1
University of Phoenix Material
Ethical Worksheet Sample
Incident Review
1. What is the ethical issue or problem? Identify the issue succinctly.The moral agent is a criminal defense attorney. The attorney knows of another criminal defense attorney who is an alcoholic and ignores his client obligations. What should the moral agent do?
2. What are the most important facts? Which facts have the most bearing on the ethical decision presented? Include any important potential economic, social, or political pressures, and exclude inconsequential facts.
The attorney often appears in court intoxicated. He ignores his cases and does not file appropriate motions before deadlines expire. His clients, who are court-appointed, usually end up with convictions and heavy sentences due to his incompetence. In trial, he is unprepared and unprofessional. Defendants have complained. Defense attorneys, prosecutors, and judges are aware of his incompetence and have done nothing. The attorney’s disbarment would likely cause drastic economic consequences for the attorney. If the moral agent is responsible for his disbarment, the moral agent may face the social stigma and pressure of being labeled a snitch. With emphasis on stiffer penalties for defendants, there is political pressure to ignore the situation, as only alleged criminals are affected by his incompetence.
3. Identify each claimant (key actor) who has an interest in the outcome of this ethical issue. From the perspective of the moral agent—the individual contemplating an ethical course of action—what obligation is owed to the claimant? Why?
Claimant
(key actor) / Obligation
(owed to the claimant) / Perspective (What does the claimant hope will happen?)
Incompetent attorney / Fidelity, beneficence / The attorney would prefer that the moral agent ignore the situation and do nothing.
Clients / Beneficence, non-injury / The clients would prefer that the moral agent help them obtain new counsel or that the attorney's incompetence was corrected.
Other criminal defense attorneys / Fidelity / Good defense attorneys would prefer that the incompetent attorney's behavior was corrected or that he be prevented from practicing criminal defense. Marginal defense attorneys might prefer that the moral agent does nothing, lest their own actions be called into question.
Prosecutors, judges, and bailiffs / Beneficence, non-injury / Bailiffs would prefer not to have to accommodate his unpreparedness and intoxication in the courtroom. Prosecutors and judges may prefer that the moral agent does nothing, as a more competent attorney may make their job more difficult with motions and objections. Some prosecutors and judges may prefer that the incompetent attorney's behavior was corrected or that he was prevented from practicing to avoid reversals on appeals due to his incompetence.
Society / Justice / The advocates of law and order may prefer that the moral agent does nothing, as criminals will receive harsher sentences as a result and the process will be more streamlined. Advocates of individual rights would prefer that the incompetent attorney's behavior was corrected or that he was prevented from practicing law.
Evaluating Alternatives
4. What are two alternatives for the scenario? One alternative can be a wild card that you ordinarily may not consider because of potential implications. Both should be within free will and control of the same moral agent.Alternative A / Alternative B
Talk to the attorney and offer to help him with his cases while he seeks treatment for alcoholism. / File an official report with the agency that is responsible for appointing cases to him.
5. Respond to the following questions based on your developed alternatives.
Alternative A / Alternative B
What are the best- and worst-case scenarios if you choose this alternative? / Best case: The incompetent attorney accepts the generous offer, addresses his drinking problem, changes his behavior, and thereafter represents his clients effectively.
Worst case: The attorney rejects the offer, and his incompetent behavior continues. / Best case: His behavior is corrected, or he is removed from the appointment panel.
Worst case: Little action is taken by the agency and the behavior continues. The moral agent is labeled a snitch.
Will anyone be harmed if this alternative is chosen? If so, how will they be harmed? Consider families and derivative effects. / The moral agent may be harmed by the financial consequences of agreeing to help the incompetent attorney if the moral agent is not provided with monetary compensation for the work performed. The moral agent may be harmed by potential backlash if the offer is rejected and if the agent encounters the incompetent attorney in future professional dealings. / The attorney may be harmed if removed from the panel and he does not have other opportunities to generate revenue. If he has a family, the family could be harmed as a result of the loss of income. The moral agent's reputation may be harmed by the negative label. The panel may be harmed by the loss of one of its attorneys.
Would honoring any idea or value—such as personal, professional, or religious—make the alternative invalid? / Perhaps family values would be compromised if the time constraints from assisting the attorney result in the moral agent's decreased ability to take care of family obligations, including spending time with them. / The value of loyalty to fellow criminal defense attorneys is called into question.
Are there any rules, laws, or principles that support the alternative? Are there rules, laws, or principles that make the alternative invalid? State the rule or principle and indicate if it invalidates or supports the alternative. / Standard 4-1.2(d) states: The defense counsel should seek to reform and improve the administration of criminal justice. When inadequacies or injustices in the substantive or procedural law come to the defense counsel's attention, he or she should stimulate efforts for remedial action.
This ethical rule supports the alternative. / Standard 4-1.2(d) states: The defense counsel should seek to reform and improve the administration of criminal justice. When inadequacies or injustices in the substantive or procedural law come to the defense counsel's attention, he or she should stimulate efforts for remedial action.
This ethical rule supports the alternative.
Applying Ethical Guidelines
6. Consider each ethical guideline and explain whether it would support or reject your alternative.Guidelines based on the action itself / Alternative A / Alternative B
Should this alternative become a rule or policy that everyone in this situation should follow in similar situations in the future? (Kant) / No / Yes
Does this alternative result in using any person as a means to an end without consideration for his or her basic integrity? (Kant) / No / No
Is the intent of this action free from vested interest or ulterior motive? (Kant’s good will) / Yes / Yes
Does this alternative demonstrate a genuine concern for others affected by the decision, and is the moral agency responding to a perceived need? / Yes: concern for others and responding to a perceived need are implicated / Yes: concern for others and responding to a perceived need are implicated
Guidelines based on consequences / Alternative A / Alternative B
Is the good brought about by this alternative outweighed by the potential harm that might be done to others? (Mill’s harm principle) / Possibly / No
Is any harm brought about by anyone other than the moral agent? (causal harm) / No / Yes: the decision of panel
Will anyone be harmed who can be said to be defenseless? (paternalism) / Maybe: the moral agent's family / Maybe: incompetent attorney's family
To what degree is this alternative based on the moral agent’s own best interest? (ethical egoism) / Not based on the moral agent's own interests; based on the best interests of the state bar association / Not based on the moral agent's own interests; based on the best interests of the state bar association
Which alternative will generate the greatest benefit—or the least amount of harm—for the greatest number of people? Select only one alternative. (utilitarianism) / Alternative B will generate the greatest benefit.
Ethical Decision Making
6. Choose to proceed with either Alternative A or Alternative B and explain the reasons for your decision.I recommend that the moral agent report this conduct to the appointment panel. This would help correct his behavior, which affects his appointed cases and those who retain him. These people would have civil recourse and the ability to hire another attorney. It would not necessitate extra work hours for the moral agent, which may negatively affect the moral agent's family. If the behavior continues, then the moral agent could follow up by reporting the behavior to the state bar association. The label of snitch might be possible to avoid, especially if the moral agent's name is kept anonymous during the disciplinary proceedings. If it is not possible to avoid, any negative consequences from this label would be offset by those who appreciated and respected the moral agent's actions.