In my January 23, 2009 entry, "Lawyer Accepts Reprimands for Unethical Conduct" I discussed the real case scenario of a paralegal who complied with an attorney's request to help him deceive a client, by covering up part of a document. I posed the question, "Assuming that you were the paralegal in this situation and also assuming that your household was dependent on your income, what would you have done?" I asked a number of legal professionals what they would do if they found themselves in the same situation. Several of them, including Christine Parizo, Lyza Sandgren, and Patti Clapper, commented directly at the entry. They shared good insights and recommendations, including refusing to participate in unethical behavior, starting an immediate job hunt and calling the state bar.
The following legal professionals sent me emails with their views:
Paralegals find themselves is this uncomfortable position all too often. While I understand the need for a job and a paycheck, unethical behavior cannot be condoned. The first step is to say 'no' and explain why. If the behavior continues, the next step would be to speak with a managing partner. The State Bar of Michigan has an ethics hotline that can be called anonymously. This might be a good place to turn for guidance if all else fails. One more thing: paralegals cannot be disciplined by the State Bar. However, they can be subject to civil lawsuits when they participate in unethical behavior.
-Vicki Voisin, The Paralegal Mentor at http://www.paralegalmentor.com/index.html
The employee has the same ethical responsibility to the client as the attorney. Knowingly assisting the attorney in perpetrating a fraud on the client is inexcusable conduct regardless of the employee's personal financial situation. Would you sell your soul to the devil for a paycheck? Step up to the plate - report the attorney to the partners, management of the firm, or others in power/control. If there are no others, or the complaint falls on deaf ears, contact the bar--become a whistle-blower and maintain some integrity.
-Rana Holcomb, Senior Legal Assistant at Elliot Pishko Morgan P.A.
This is a tough one, Lynne. I don't think keeping a job, even in this economy, is worth prostituting your reputation. Why give up your principles for an employer that may be out of business next year? Jobs will come and go. There is always work for an honest person. Ben Franklin said, "Glass, china, and reputation are easily cracked, and never well mended." To me, NOTHING is worth losing my honor, principles and reputation.
-Deana M. Waters, ACP
I don't know if professional advice from others would be all that helpful here. You're either the kind of person who would do this, or you're not…In the legal business, we get by on our reputation. That's it. It's good or it's not. What field do you suppose that paralegal is working in now?
-Kerstin Walker Sutton, Attorney
With the number of layoffs being reported every day, and not just in the legal sector, this issue becomes even timelier. Assuming that your household finances will collapse with even one or two missed pay periods, what would you do if you were asked to do something you believe is unethical or just plain wrong – would you stick to your principles or risk your paycheck? (Or would you do something in between?) Please feel free to comment and/or pick your most likely reaction at the Principles vs. Paycheck survey at the side bar.
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