Legal Ethics

Question: Legal ethics question (answer from lawyers / law students please)? Hypothetical legal ethics question: Two guys who don't like each other agree to meet to talk out their problems. During a discussion, things get a little heated, and one of the guys looks down at the grass and sees a gun. He picks up the gun and points it at the other guy and pulls the trigger. But nothing comes out, it was a dud. Is the guy who pulled the trigger guilty of attemptive murder?

Answer: At the very least, he has committed assault with a deadly weapon. -Stuart

Question: some computer ethics in US are illegal, but in other countires it is legal? some computer ethics in US are illegal, but in other countires it is legal. Giving gifts to customer is considered bribe at the same time, in other countries not giving gifts are considered rude. Any comments? Any other ethics?

Answer: One of the pitfalls of globalization!

Question: Why are professional ethics so important in journalism and the legal world? I actually want to compare, not contrast, the importance of professional ethics in journalism and for lawyers.

Answer: Lawyers are held to a code of ethics by law (not that they necessarily follow it). Whereas with journalists it's more like a suggested set of guidelines. These days it's very rare to find any kind of ethics in Journalism.

Question: what is the definition of legal ethics? meaning of legal ethics

Answer: IMO "legal ethics" is an oxymoron. From what I have seen, a lawyer "ethically" can not disclose client-attorney information, can not use that information for his personal gain and must do everything legally within his power to ensure his client "wins." I see that as morally wrong in that often times a win for the client sets a precedent that is bad for society as a whole. The client gets money, the lawyer gets money but it ends up costing everyone a ton of money as a result. Example, the whole suit over Firestone tires blowing. Instead of dealing just with Firestone and the fact they made bad tires, they went and made TIRE PRESSURE SENSORS mandatory on all 2008 and newer cars. That costs everyone who buys a new car hundreds of more dollars for a system put in place as a result of the Firestone fiasco.

Question: I am a student nurse...question about ethics and legal issues? What if the patient you are caring for verbally expresses to you (the nurse) and to the physician that she wants to be a "No Code" if and when her heart stops. You notice on the patient's later on that the doctor never ordered the no code. Your patient goes into cardiac arrest....do you give cpr or follow the patient's wishes. The patient has no living will.

Answer: Ethically, you would want to follow the patient's wishes - but you'd also want to be sure of those wishes. Her statement could have been a momentary exploration of the idea. Without a living will, you cannot know whether the patient changed her mind later on or not. Granted, the doctor's failure to record the request in the patient's chart makes it look like the patient may not have had the chance to sign, but until there is a signature, you must follow the ethical course (and hospital policy) or preserving life. Legally, you could not do a No Code without something in writing.

Question: Question Concerning Medical Ethics and Legal Action? I recently underwent corrective surgery for a birth deformity on my left foot. The surgery itself was fine, but my anesthesiologist screwed up. He initially put the Novocaine block* in my right leg by mistake. I called him out on this, and he corrected it. Oops! *(A block is a large amount of a painkiller (usually Novocaine) that is applied above a nerve bundle in order to prevent sensation in the extremity the nerves in that bundle branch out to. In this case, in my upper thigh to prevent pain in my ankle and foot.) Here's my dilemma. It's not like this was a serious mess-up (at least from my perspective), it just meant both my legs were numb. Fine for me, but what does this say of this doctor? My left leg was clearly demarcated with both my initials and that of my doctor, indicating which leg to block. If he had consulted my chart, it would of said "Triple Arthrodesis, left foot." And, worst comes to worst, he could of looked at my messed up looking left ankle and come to the right conclusion. This was a mistake of apathy, of noncaring, the worst kind in my opinion. It was 7 in the morning, and he wanted to get this over with. What if he applied this same attitude to a more delicate situation? What if he hurt someone because of his nonchalance? I don't want money or vindication, at least beyond something being done to correct this. Is there any legal action I can pursue?

Answer: Without damages, legal action is pretty much precluded. However, you could file a complaint with the state licensing board.

Question: If someone knows a crime has been/will be committed and doesn't report it, is she legal/ethic-ly responsible? If someone know that a crime is/will be/has been committed, what are their obligations? (Legally, morally, ethically...) Not a murder/bank robbery type thing... Say "hypothetically" a 17-yr-old having sex with a 14-yr-old, statutory rape in MA (consensual but with emotional manipulation, and he probably has herpes, which the girl doesn't know)

Answer: Well in the "hypothetical" situation you should still tell the parents. I mean yeah I'd call the cops on them but the cops would basically have to catch them in the act. Anyway though in some cases the act of not telling would be illegal as Conspiracy. In this case though I don't think that applies.

Question: Legal question for ethics? What does it mean to say when that paralegals are "subject to the principles of the attorney-client privilege"?

Answer: Paralegals are subject to the principles of attorny-client privilege. However if that privileged information concerns possible injury, death or financial ruin that could be a criminal offense then both the attorney and paralegal can divulge information. FYI it was a paralegal who divulged documents by the tobacco industry that they knew that tobacco smoking caused health problems. That paralegals action lead to the billion dollar settlement against the tobacco companies.

Question: If abortion is both legal and ethical, logic would suggest that using abortion for gender selection is also? Do you agree or disagree? Statistics from around the world are suggesting that it sex-selection is playing a role in many abortions. Likewise, if a parent desires grandchildren, is it ethical to utilize abortion to avoid giving birth to homosexual children (assuming a "gay gene" can be determined by early testing of the fetus). I'm not asking if such abortions are wise or something you would personally choose. I'm asking if you think that abortion should always be legal and any questions of ethics kept individual and private.

Answer: Most black-and-white views are extremist and therefore have little to recommend them. A first-term abortion is of no significance; a third-term abortion is an entirely different matter. But I will never accept the misuse of laws, whose power ultimately derives from the point of a gun, applying to an individual's body. The government does not own us, nor does the 'majority'.

Question: Is there such a thing as a legal ethicist? I've wanted to be a lawyer since I was a kid, but I really enjoy studying ethics, so does a legal ethicist exist? If so, I wanna become one, so what do I have to do after college?

Answer: Never heard of a legal ethicist and doubt you'd get paid to be one - contact your local Bar association for advice

Question: national minimum wage (UK) question for anyone with some morals and ethics and hopefully legal advice? I work nightshift in a petrol filling station & I'm paid £5.75 p/h. When the minimum (MW) went up at the beginning of October the staff who work dayshift in my company seen their wages rise from £5.05 - £5.35 (nothing wrong you might think, if they didn't increase it would be illegal due to rise in MW) Does anyone know though (not just morally but hopefully LEGALLY) can an employer increase the wages of staff on one shift BUT not on another. The staff where I work nights do seem to do most work as well as not having the intangible benefits of sleeping nights & seeing children, yet for the miserly 40p per hour extra it hardly seems worth it (was previously 70p per hour more and while NOT a lot it's better than now) If anyone has any advice I would be extremely grateful as I am seriously considering calling it a day on the job and I really don't want to as it will difficult to say the least, as it's close to christmas. Am I just whining or do I have a valid point for grievance Pls help

Answer: I'm not sure how it works in the UK, but couldn't you just ask your boss for a raise if you feel you need one? I see what you mean, it doesn't seem fair. Maybe explaining your situation to your employer will help somewhat. You are falling into that area where rising MW is putting you out of business. MW increases usually cause many problems. In the US we always have to deal with rises in the MW. It usually hurts the small businesses the most. Whenever the government raises the MW it is guaranteed that some people will lose their job because most small companies will no longer be able to afford the same number of employees. Best way is to make yourself valuable such that they need to pay more to keep you around. Forcing them by law to increase your wages could cause them to replace you for someone who will work for less. I don't know what you do there, but is there a way you can do some extra things that they will see makes you worth more money? Then you can plead your case that you provide more than the other workers and so deserve more. I wish you the best in this dilemma and I hope you get it solved to your satisfaction.

Question: Why are formal legal rules alone not an aclequate ethics system for business? buss. law

Answer: There is a lot of mischief that can be done within those rules. For example, if the CEO is corrupt, along with the majority of the Board of Directors, then they can collaborate to steal the assets of the business by simply voting and writing contracts that allow them to.

Question: Ethics question: Should a homeless man who loves his children be allowed to keep them? This is the law and ethics questions, and this is not a law question but an ethics question. So it is opinion based. I am not asking for a legal answer, I already know the law, I am asking for your moral viewpoint on the situation. Should a homeless man who loves his children be allowed to keep them?? The hypothetical man is looking for a job, but not avidly. And he of course, lives on the street, and not in a car.

Answer: No, because if he really loved them he would be looking for a job 24/7, he'd try to make as much effort as possible, and if he really loved them he'd realize he can't provide for his children and should instead let someone who can until he is ready for them. Streets are no place for children, regardless of loving parents or not... love doesn't put food in their mouths, clothes on their backs, or a roof over their head; hard work and dedication does.

Question: Considering the legal concept of "hate crimes", what religious principles might be pro/con as to such laws? In other words, what religious principles might speak for or against the idea of added punishments for particular crimes when it is believed that they were motivated by particular "hateful" motives? Indeed, is it appropriate that two crime incidents might be virtually identical in severity, etc. but because the motives of one of them is presumed of some special nature (e.g. more "hateful") such that additional punishments are warranted? In the United States, does this have implications under the Equal Protection Clause? Are citizens of various religious traditions likely to hold significantly different opinions as to the ethics of altering the legal system in these regards? If so, why?

Answer: Religion has nothing to do with hate crime legislation. It is a bad idea because the government assumes the thoughts and motives of the accused. It is a disastrous step towards tyranny. Because the scenario would go like this. Suppose two people get robbed by the same person. But one of them is gay. The punishment would be more severe for the second robbery because of who was robbed and considered a hate crime on a minority. the government assumes the robber knew the victim was gay and he hated him for it and therefore robbed him. Instead of new legislation, just enforce the laws in place.

Question: Is it legal for bosses to accept sexual favors for bribes? I'm in college, and the law of ethics states that no unwanted sexual advances is legal. But it does say UNWANTED. So does this mean that it is legal for these practices to go on?

Answer: Most ethical codes say that a sexual relationship with someone over whom you hold power is unethical due to the inequality of power. Common sense says that it's just a damned stupid thing to do, whether you're the boss or the underling. As for legality, well, the law is whatever it is.

Question: Is it legal for a psychiatrist to tell a suicidal patient that they are destined to commit suicide? Is it legal for a psychiatrist to tell this to a suicidal teenager? The point of seeing a psychiatrist would be to get well - not have every shred of hope torn from underneath you. Come on - it's Kervorkian ethics. Are there not any guidelines for psychiatrists on what they can tell people? How is a philosophy of hopelessness going to heal anybody?

Answer: what's unethical is not always illegal. The shrink is just a loser.

Question: Morals, ethics, and economics of emulators. Are they legal? Many people are heavily divided on this issue. Are emulators morally okay? Are they legal? Emulator as in game. For example, there are literally hundreds of emulators out of the super nintendo platform

Answer: An emulator is a program (or system) that makes it look like you are doing something else. Running a city, flying a plane, building a restaurant, whatever. Are they legal? Yes. Protected under the 1st Amendment in the US. Unless they reveal classified information, or contain obscenity, or are harmful to minors -- standard exceptions. Morality and ethics are based on culture and belief systems. What's ethical and moral (or not) to a group of Southern Baptists or Quakers is going to be very different from what is ethical or moral to a group of agnostic Engineering Graduate students at MIT. Each culture has its own set of rules for ethics and morals. It sounds like you're trying to ask whether emulators should be legal if they allow bad people to practice doing bad things, regardless of whether the emulators can also be used as games by other people. As far as laws, that's a simple question. They are legal, unless they fall within one of the narrow exceptions above, because of the 1st Amendment. As far as morality, that's a personal opinion and you are free to express that opinion to anyone who will listen, also guaranteed by the 1st Amendment.

Question: Why do people ask for specific legal advice here? Lawyers don't give advice here because they'd be subject to discipline for ethics violations. Nonlawyers don't have the necessary expertise or legal right to give legal advice (frankly, they're opening themselves up to criminal charges.) I still see people asking for legal advice on specific situations. If you're one of those people, do you rely on that advice in any way? I frequent other areas of YA and just stumbled on this section. I was a little surprised to see questions asking for "legal experts." No, I'm not a lawyer yet, lol.

Answer: The same reason they ask for specific medical advice...ignorance.

Question: Ethics Question: Should fireworks that go into the air be illegal? I am not asking for a legal answer, I am a lawyer and I am aware of the laws in regards to this in my State. I am asking for moral opinions on the situation. Despite the slight risk, do you believe they should remain illegal? I'll admit, the ground ones are pretty boring. Ethics question.

Answer: yes they are boring but there are a ton of people (drunk) out lighting these huge explosive fireworks. I know they try to be careful, but its so dry (in Colorado) and i dont like thinking about just a moment of fun can burn my entire house down.

Question: What is the legal age of consent in Ohio? At what age can a female legally in engage in sexual intercourse with a male? I'm not asking morality wise, I could care less about other people's ethics and morals really. I'm seventeen, am I legally allowed to have intercourse with a man who is perhaps in his late 20's? I think the legal age for this is 16, but I'm not sure. Some people have told me there can't be more than a 4 year difference if one person is over 18 and the other is still a minor. Sources please.

Answer: As stolen from Wikipedia: Ohio The age of consent in Ohio is 16 as specified by Section 2907.04 of Ohio legislation. However there exists a close in age exception where an offender can be charged only if 18 years of age or older. However in that case, it is possible for both minors to be charged as "unruly" if brought to court {§ 2151.022}. 2907.04 Unlawful sexual conduct with minor. (A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard. {§ 2907.04}.