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Running head: ATTORNEY CLIENT ETHICAL DECISIONS
1
ATTORNEY CLIENT ETHICAL DECISIONS 7
Abstract
A brief discussion of the ethical decision making process is
presented for understanding the process an attorney may
experience while making a decision. Court appointed defense
attorneys will face a series of ethical decision conundrums that
will test the cornerstone of the member’s integrity. A brief
discussion on ethical decision making, theory associated with
decisions, and overall applicability to the decision making of
the attorney. An example and discussion of using the normative
decision model within the legal team organizational decision is
presented, with the goal of adding theory to the overall ethical
decision. Each attorney must continue to make the right choices
without sacrificing the integrity of the case or client. Collective
decision making requires the legal team to build on internal and
external acquisition of knowledge to build on ideas concepts,
fundamental change, and progress within the decision-making
process. The knowledge acquired can be used to explore new
processes, diffuse unwanted results, and apply new knowledge
to methodology within the member and legal case.
Attorney Client Ethical Decisions
Ethical decision making within the legal system is a
collaboration of choices that each lawyer must make to maintain
the integrity of each court case and client. Many times, defense
lawyers have clients that disclose incriminating information
regarding case details and other criminal acts. Each lawyer
must decide how to defend members that admit levels of guilt
without sacrificing the laws of the land. Ethical decisions have
a vital role in understanding the meaning of the legal decisions
and the effect decisions have on the client.
Lawyers must understand their decisions to defend a client can
determine actions regarding the outcome of a legal case. Legal
teams must continue to practice making the right decision and
not sacrifice their integrity for financial gain. As a result of
obtaining information from a client that admits guilt prior to
trail, the focus of the following discussion will target the
decision process and ideals associated with decision making.
Ethical Decisions and Applicability
Ethical decision effectiveness is the cornerstone
accomplishment for the member in the legal system. The
outcome of a specific case is based on the success or failure of
the legal team’s goals, objectives, and views presented during
the court case. Each lawyer becomes successful by building
upon experiences, situational understanding, and traits to
produce the best method of decision making for the case.
Ethical decisions include characteristics such as: moral
stability, effective application of legal skills, confidence,
strategic planning, situational based behaviors, integrity, and
inspiration. These skill sets are just some of the expected traits
a lawyer should have to move a legal team forward to success.
Although there is a plethora of methods a lawyer can use to
communicate, demonstrate, and produce success, there is no one
set way a lawyer can use systematically, to always produce
success. The legal member must adjust as required to each
situation to understand the process to move the case forward.
Ethical decision making is also based upon the member’s actual
concept of integrity and actual implementation of those ideals
within the member. Specifically, the performance of the lawyer
and each defense case is in conjunction with the attainment of
goals, objectives and is influenced by the legal case and
criminal charges associated with the case.
Followers and outside observers, have a significant role in
determining the legal team’s effectiveness. Use of past cases in
addition to recommendations from the experienced legal experts
all play a significant role to determine the overall effectiveness
of the legal team, and contribution to the success of the
organizational team. This process is further described in the
lawyer’s overall career or track record of success prior to the
defense status discussed within the situational case.
Ethical Decision Making Theory Comparison
Vroom and Yetton (1973) created a model to identify the
situations that determine if a specific type of decision procedure
will be effective. This theory was called the normative decision
model. The normative decision model is probably the best
supported of the contingency theories of effective decision
making. The normative decision model focuses on specific
aspects of behavior, it includes meaningful variables, and it
identifies aspects of the situation moderating the relationship
between behavior and outcomes. Moreover, further explanation
of the Vroom-Yetton-Jago model is best described as a
“contingency approach to group decision making that is
designed specifically to help leaders select the best approach to
making decisions. The model identifies different ways a
decision can be made by considering the degree of follower
participation. It proposes a method for leaders to select the right
approach to making a decision in a given set of circumstances,”
(Boundless Management, 2015).
Based on the model is the following decision procedures: (Yulk,
2013, Table 5-1)
· A-I You solve the problem or make the decision yourself,
using information available to you at the time.
· A-II You obtain the necessary information from your
subordinates and then decide
the solution to the problem yourself. You may or may not tell
your organizational members what the problem is or getting the
information from them. The role played by your organization in
making the decision is clearly one of providing necessary
information to you, rather than generating or evaluating
alternative solutions.
· C-I You share the problem with the relevant staff individually,
getting their ideas and suggestions, without bringing them
together as a group. Then you make the
decision, which may or may not reflect your client’s influence.
· C-II You share the problem with your legal team as a group,
obtaining their collective ideas and suggestions. Then you make
the decision, which may or may not reflect your legal team’s
influence.
· G-II You share the problem with your legal team as a group.
Together you generate and evaluate alternatives and attempt to
reach agreement (consensus) on a solution. Your role is much
like that of chairperson. You do not try to influence the group
to adopt your preferred decision, and you are willing to accept
and implement any decision that has the support of the entire
legal group.
According to steps discussed in the normative decision model,
the legal team would have the opportunity to go through all the
suggested steps within the decision process to determine the
best course of action. Although, the decision-making process is
one of many decision processes members can use in making the
best educated decision, it is up to the legal team to make the
correct decision. The normative decision model is applicable in
this case, as it helps determine the result of a decision to
continue or discontinue representation for the client.
Conclusion
The legal member must continue to practice ethical decision
making to the overall final actions of the legal team. The right
decision is sometimes associated with an uncomfortable
position for the legal member. Each case does present its own
series of challenges maintaining the legal process while
defending a murder suspect. However, legal teams and
members, have a plethora of resources to assist in making the
best decision for the success of the team. As laws, social media,
and different cultures of jury members change, the legal
member should consider the long-term effect of making the
wrong decision and compromising a legal case.
References
Boundless. “Leadership and Decision Making: The Vroom-
Yetton-Jago Model.” Boundless
Management. Boundless, 21 Jul. 2015. Retrieved 09 Sept. 2017
from
https://www.boundless.com/management/textbooks/boundless-
management-textbook/leadership-
9/contingency-approach-71/leadership-and-decision-making-
the-vroom-yetton-jago-model-354-
1411/.
Vroom, V. H., & Yetton, P. W. (1973). Leadership and
decision-making (Vol. 110). University
of Pittsburgh Pre.
Yukl, Gary A. (2012-02-09). Leadership in Organizations (8th
Edition) (Page 94). Pearson HE,
Inc. Kindle Edition.
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Running head ATTORNEY CLIENT ETHICAL DECISIONS1ATTORNEY CLIE.docx

  • 1. Running head: ATTORNEY CLIENT ETHICAL DECISIONS 1 ATTORNEY CLIENT ETHICAL DECISIONS 7 Abstract A brief discussion of the ethical decision making process is presented for understanding the process an attorney may experience while making a decision. Court appointed defense attorneys will face a series of ethical decision conundrums that will test the cornerstone of the member’s integrity. A brief discussion on ethical decision making, theory associated with decisions, and overall applicability to the decision making of the attorney. An example and discussion of using the normative decision model within the legal team organizational decision is presented, with the goal of adding theory to the overall ethical decision. Each attorney must continue to make the right choices without sacrificing the integrity of the case or client. Collective decision making requires the legal team to build on internal and external acquisition of knowledge to build on ideas concepts, fundamental change, and progress within the decision-making process. The knowledge acquired can be used to explore new processes, diffuse unwanted results, and apply new knowledge to methodology within the member and legal case. Attorney Client Ethical Decisions Ethical decision making within the legal system is a collaboration of choices that each lawyer must make to maintain the integrity of each court case and client. Many times, defense lawyers have clients that disclose incriminating information regarding case details and other criminal acts. Each lawyer must decide how to defend members that admit levels of guilt without sacrificing the laws of the land. Ethical decisions have a vital role in understanding the meaning of the legal decisions and the effect decisions have on the client. Lawyers must understand their decisions to defend a client can
  • 2. determine actions regarding the outcome of a legal case. Legal teams must continue to practice making the right decision and not sacrifice their integrity for financial gain. As a result of obtaining information from a client that admits guilt prior to trail, the focus of the following discussion will target the decision process and ideals associated with decision making. Ethical Decisions and Applicability Ethical decision effectiveness is the cornerstone accomplishment for the member in the legal system. The outcome of a specific case is based on the success or failure of the legal team’s goals, objectives, and views presented during the court case. Each lawyer becomes successful by building upon experiences, situational understanding, and traits to produce the best method of decision making for the case. Ethical decisions include characteristics such as: moral stability, effective application of legal skills, confidence, strategic planning, situational based behaviors, integrity, and inspiration. These skill sets are just some of the expected traits a lawyer should have to move a legal team forward to success. Although there is a plethora of methods a lawyer can use to communicate, demonstrate, and produce success, there is no one set way a lawyer can use systematically, to always produce success. The legal member must adjust as required to each situation to understand the process to move the case forward. Ethical decision making is also based upon the member’s actual concept of integrity and actual implementation of those ideals within the member. Specifically, the performance of the lawyer and each defense case is in conjunction with the attainment of goals, objectives and is influenced by the legal case and criminal charges associated with the case. Followers and outside observers, have a significant role in determining the legal team’s effectiveness. Use of past cases in addition to recommendations from the experienced legal experts all play a significant role to determine the overall effectiveness of the legal team, and contribution to the success of the
  • 3. organizational team. This process is further described in the lawyer’s overall career or track record of success prior to the defense status discussed within the situational case. Ethical Decision Making Theory Comparison Vroom and Yetton (1973) created a model to identify the situations that determine if a specific type of decision procedure will be effective. This theory was called the normative decision model. The normative decision model is probably the best supported of the contingency theories of effective decision making. The normative decision model focuses on specific aspects of behavior, it includes meaningful variables, and it identifies aspects of the situation moderating the relationship between behavior and outcomes. Moreover, further explanation of the Vroom-Yetton-Jago model is best described as a “contingency approach to group decision making that is designed specifically to help leaders select the best approach to making decisions. The model identifies different ways a decision can be made by considering the degree of follower participation. It proposes a method for leaders to select the right approach to making a decision in a given set of circumstances,” (Boundless Management, 2015). Based on the model is the following decision procedures: (Yulk, 2013, Table 5-1) · A-I You solve the problem or make the decision yourself, using information available to you at the time. · A-II You obtain the necessary information from your subordinates and then decide the solution to the problem yourself. You may or may not tell your organizational members what the problem is or getting the information from them. The role played by your organization in making the decision is clearly one of providing necessary information to you, rather than generating or evaluating alternative solutions. · C-I You share the problem with the relevant staff individually, getting their ideas and suggestions, without bringing them together as a group. Then you make the
  • 4. decision, which may or may not reflect your client’s influence. · C-II You share the problem with your legal team as a group, obtaining their collective ideas and suggestions. Then you make the decision, which may or may not reflect your legal team’s influence. · G-II You share the problem with your legal team as a group. Together you generate and evaluate alternatives and attempt to reach agreement (consensus) on a solution. Your role is much like that of chairperson. You do not try to influence the group to adopt your preferred decision, and you are willing to accept and implement any decision that has the support of the entire legal group. According to steps discussed in the normative decision model, the legal team would have the opportunity to go through all the suggested steps within the decision process to determine the best course of action. Although, the decision-making process is one of many decision processes members can use in making the best educated decision, it is up to the legal team to make the correct decision. The normative decision model is applicable in this case, as it helps determine the result of a decision to continue or discontinue representation for the client. Conclusion The legal member must continue to practice ethical decision making to the overall final actions of the legal team. The right decision is sometimes associated with an uncomfortable position for the legal member. Each case does present its own series of challenges maintaining the legal process while defending a murder suspect. However, legal teams and members, have a plethora of resources to assist in making the best decision for the success of the team. As laws, social media, and different cultures of jury members change, the legal member should consider the long-term effect of making the wrong decision and compromising a legal case.
  • 5. References Boundless. “Leadership and Decision Making: The Vroom- Yetton-Jago Model.” Boundless Management. Boundless, 21 Jul. 2015. Retrieved 09 Sept. 2017 from https://www.boundless.com/management/textbooks/boundless- management-textbook/leadership- 9/contingency-approach-71/leadership-and-decision-making- the-vroom-yetton-jago-model-354- 1411/. Vroom, V. H., & Yetton, P. W. (1973). Leadership and decision-making (Vol. 110). University of Pittsburgh Pre. Yukl, Gary A. (2012-02-09). Leadership in Organizations (8th Edition) (Page 94). Pearson HE, Inc. Kindle Edition.