Putting ethics into practice: scenarios

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 4 the students are given a prepared list of scenarios to discuss – example scenarios are given below.

1. You are a new solicitor working in large commercial law firm. A voluntary/not for profit public interest organisation want to instruct you to act for them on a pro bono basis in a prominent test case concerning a women who killed her husband in self defence. The case interests you, but is of very little interest to your firm. The matter requires a lot of time and work, whilst at the same time your senior partner wants you to increase your billable hours for the firm. The firm does not usually do any pro bono work, but there is no actual policy against it. Your time is currently so limited you could only realistically do one or the other. Would you agree to work on the public interest case?
2. You discover that your friend sells cannabis to other students at her college. Would you report her to the police?
3. Whilst on a summer placement with a large and well respected firm you are (naturally) concerned to make a good impression which may win you a training contract. The senior partner asks you to prepare files for billing and makes it clear that she expects very large bills. She asks you to ‘round up’ her hours to the next hour (rather than the industry standard six minutes). You know the clients are unlikely to quibble about the bills.
   Would you round up the time as requested? Would your answer be different if you were already in post? Would your answer be different if the client were of low or high income?
4. You and your best friend founded a practice together 10 years ago. Your friend has recently been through a complex and bitter divorce, and you have recently noticed that she has started to behave oddly, which leads you to think that she is an alcoholic. Her moods are erratic and the standard of her recent work is very low. Clients are leaving the firm. She has rejected your suggestions to get professional help. Would you ask the local law society to intervene? Would your answer differ if you were not a partner in the firm and the colleague was newly qualified like yourself?
5. Your client tells you that she plans to return with her children to live with her abusive husband. You know that he has also beaten the children and one now has permanent brain damage. You are worried that the children will be at risk. Would you inform the relevant social service department?
6. You telephone your client to discover that she has left her four year old child alone in the home. The child does not seem upset and says that her mother is at work. Would you inform the relevant social service department? Would your answer differ if you knew that this was a one off or a regular occurrence?
7. Your client is so distressed by the advice you have given her that she storms out of the office and leaves her two children behind. She subsequently fails to respond to her mobile phone, and it is now 6 pm. Would you inform the relevant social service department?
8. Your client instructs you on her housing matter, where she is threatened with eviction. It is agreed that you are to ask the court to stop the eviction on the basis that her husband will pay £10 per week toward the arrears. As you are showing them out, the receptionist tells you that the husband made enquires about a divorce earlier that day. Would you continue to represent your client?
9. You have been asked to bid to carry out the legal work for a local firm. You know that this work is important to the future of your firm. You are an expert in this area, and the instruction firm will only instruct your firm if you carry out the work. You know that your best friend is about to issue a claim against the instructing firm for unfair dismissal. Would you act for the new firm and potentially damage the relationship with your best friend?
10. You have accrued a significant debt qualifying as a solicitor. You now find that your salary from your training firm does not cover all your outgoings. At a departmental ‘meet and greet session’ to celebrate your client getting a new contract, the CEO hints about more work and speculates offhand that the price of his company’s shares is likely to reflect the win once it becomes public. Would you buy shares in the company before the public announcement of the win?
11. You are a trainee solicitor and have spent a lot of time at work recently in an effort to impress your boss. Your family is beginning to feel the strain of your continued absence. You are given a new case by the senior partner and you know it will mean that you will have to put in even more hours at work and will almost certainly miss your daughter’s school play. You may get a promotion if you do well. Your position would not be adversely affected if you do not take the case. Would you take the extra case?
12. You act for your friend in his amicable divorce settlement. You know his wife fairly well. You do not think your friend has declared all his assets, which will mean that his wife and children will be in a precarious financial situation. You are not convinced by your friend’s declaration, but are in no position to get any more information. Would you continue to represent your friend?
13. You are newly qualified. You and your partner have been anticipating a Caribbean holiday for some time. Your partner has been very patient with you whilst you studied and is now not prepare to put his/her needs on hold any further. You have now been offered the opportunity to represent a large corporate client in a case that has the potential to go all the way to the High Court. You cannot take the case and go on holiday. Would you take on the extra work?

Last Modified: 30 June 2010