Putting ethics into practice: recognising the issues

In their paper, Putting ethics into practice, presented at Vocational Teachers Forum V Sara Chandler and Pamela Robotham outlined a pilot programme of ethics teaching carried out in the Legal Advice Centre at the College of Law, London.

As part of the programme students attend a Saturday workshop made up of four exercises and a roundup session. In exercise 3 the students are presented with a comical hypothetical scenario from a solicitor’s practice for discussion, aimed at helping them to develop an awareness of how ethical issues can arise. An example scenario is given below.

It is 9:30 in the morning and you are an assistant solicitor in a medium sized eight partner general practice. There are five lawyers in your department, which covers housing and community care. You overhear a former client with a new matter insist on an appointment with the only white lawyer in the team. This is arranged.

That morning the boss tells you that his nephew, Bill Guppy, will start work that day. You know that the vacancy had been widely advertised and interviews had been scheduled for the next week. You agree to show Bill the ropes, as the boss has told you that he is a personal injury insurance lawyer specialising in road traffic accidents and is a little nervous about giving housing advice and interviewing clients. Bill has a desk in your office.

That afternoon you are asked sit in on Bill’s first two client interviews, which you are assured should last at least an hour each. You spend a little time before the interview getting to know Bill, who rejects your offer of a tour of the stationery cupboard, saying that he has a photographic memory and doesn’t need to take notes. He did ask you to tell him where the cupboard was, as he liked to stand by and watch the secretaries (whom he called “lovely ladies”) bending over to pick up files.

The client arrives on time, but Bill is running late. He keeps the client waiting for 45 minutes whilst he has his lunch and runs a few personal errands. He then rushes into the interview room and starts the interview. It is five minutes before the client realises that Bill is the solicitor. Bill then lets the client talk for half an hour, after which he brings the interview to a close, bids the client goodbye by saying: “Goodbye, mate” and promises that he will sort everything out by telephoning the opponent’s lawyer within the next five minutes.

After the interview Bill tells you that he thought the interview went very well. Whilst discussing the case it becomes clear that Bill had not understood the client’s situation or the law very well. He then rushes off to his next appointment, telling you that he his fine and does not need you to attend.

For the next few weeks you work solidly on a High Court case and do not have the time to keep up with Bill. When you next see him he tells you that he has been sacked and is working out his notice. He is very worried as he has a young family to support and does not know how he will manage financially. He tells you that he thinks his uncle has been unfair, and that the complaints from the clients and secretaries are because they do not understand his sense of humour.

Discussion points

• ethos of the firm – culture supports oppressive and offensive behaviour which passes for humour
• nepotism, sexism, racism
• poor employment practices – that does not benefit even the beneficiary of nepotism/favouritism

Last Modified: 30 June 2010