Lawyer Ethics in the Age of COVID-19
While America was on the verge of a revolution, Thomas Paine wrote, "... these are the times that try men's souls." Isn't that the truth today…
April 15, 2020 at 04:39 PM
3 minute read
While America was on the verge of a revolution, Thomas Paine wrote, "… these are the times that try men's souls." Isn't that the truth today as well? But these are also the times that put a person's soul on trial. Temptation to be unethical is greatest when times are as bad as they are now. Here though are cognitive hacks to help others, and yourself, stay on the straight and narrow.
Have a troubled seeming friend or colleague? Want to find out what is going on with her? Do not ask if everything is OK. Why? A rote question produces a rote response. Instead ask, in a conversational tone, "What's on your mind?" You might need to ask several times, but the invitation will finally be accepted and the truth forthcoming.
The truth is often self-generated—try this hack from, "Made to Stick: Why Some Ideas Survive and Others Die," by Chip and Dan Heath when you believe a colleague is thinking of cutting ethical corners, cheating others and avoiding responsibilities. The hack is based on a quote from Abraham Lincoln about the "better angels of our nature." Let's say a colleague, under pressure to meet billing quotas, tells you she plans to use to use a "heavy pen" (a euphemistic phrase for billing hours that were not worked). Tell the colleague, "Lola, I know you are the kind of lawyer that values your hard-earned reputation and would never do anything to corrupt it." What then goes through Lola's mind? She thinks, "You know, I am that kind of lawyer," and then asks herself, "What would a lawyer like me do in a situation like this?" Ultimately, she concludes, "I am the kind of lawyer that does not inflate a client's bill because of extraordinary circumstances or even normal ones."
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