Three Dichotomies in Lawyers’ Ethics (With Particular Attention to the Corporation as Client)

Three usually unexpressed, and too often unnoticed, conceptual dichotomies underlie our perception and understanding of lawyers’ ethics. First, the existence of a special body of professional ethics and professional regulation presupposes some special need or risk. Criminal and civil law are apparently insufficient. Ordinary day-to-day morality and ordinary ethics, likewise, are not considered to be enough. What is the risk entailed by the notion of a profession that is special; who needs protection, and from what? Two quite different possible answers to this question provide the first of the three dichotomies examined in this article: one can understand the risk as primarily to a vulnerable client from a powerful professional; or, to the contrary, from a powerful client-lawyer combination toward vulnerable others. Second, what is the foundational orientation of lawyers? Are lawyers serving primarily their particular clients, and those clients’ preferences, choices and autonomy? Or is the primary allegiance of lawyers to some community or collective goal or interest distinct from the particular goals or interests of the client? The third dichotomy concerns not the substance of the risk, or the primary orientation, but the appropriate means of responding to that risk or that fundamental obligation. Should professional ethics be implemented primarily through rules? Or, should we rely on character and the discretion of lawyers to make a thought out, all things considered, decision? Each of these three presents a fundamental difference in how we perceive and address issues of lawyers’ ethics. Each affects our understanding and analysis on multiple levels, from (1) determining the appropriate or requisite conduct in a particular situation, to (2) framing a specific rule or approach for a particular category of situations, to (3) more general or abstract theory or policy. A person’s inclinations in regard to the dichotomies affects the conclusions that person will reach on each of those levels of analysis, yet those inclinations and assumptions are frequently unexamined and unarticulated. One’s position on each of the dichotomies tends to structure the approach and outcome without the issues and choice having been explicitly addressed or possibly even noticed. This article is an effort to ameliorate that problem. Part I addresses the question of what is the risk in the work of lawyers, or the function of lawyers, for which professional ethics is the answer. The concluding section focuses on the particular problem of the corporation as client. Part II then asks the related and possibly consequent question of what is the foundational orientation or allegiance of the lawyer? Is it to the individual client? Or is it to some larger community interest? Again, the concluding section focuses on the corporation. Part III turns to the means or method for addressing the obligations and possible problems of the professional ethics of lawyers. Should lawyers’ ethics guide and confine the conduct of lawyers primarily through rules? Or should it function primarily through reliance on the knowledge, judgment and character of lawyers? If the latter were the guide, ethical decisions would be made on a situation by situation basis under the discretion of each lawyer. Toward the end of each discussion possibilities for bridging the dichotomy are considered (and with such bridges each dichotomy may come to look more like a spectrum or continuum.). At several points after its introduction in Parts I and II, the special problem of the corporation as client is revisited and possible solutions suggested. Illustrating the usefulness of keeping the dichotomies in view, Part IV applies them to several exemplary situations of ethical difficulty in actual lawyer practice. For readers finding it difficult to envision the consequences of these distinctions, turning ahead to Part IV may be useful in making the discussion more concrete. Some commonalities across the dichotomies and connections among them are then developed in the concluding section, Part V.

Three Dichotomies in Lawyers’ Ethics (With Particular Attention to the Corporation as Client)

Three usually unexpressed, and too often unnoticed, conceptual dichotomies underlie our perception and understanding of lawyers’ ethics. First, the existence of a special body of professional ethics and professional regulation presupposes some special need or risk. Criminal and civil law are apparently insufficient. Ordinary day-to-day morality and ordinary ethics, likewise, are not considered to be enough. What is the risk entailed by the notion of a profession that is special; who needs protection, and from what? Two quite different possible answers to this question provide the first of the three dichotomies examined in this article: one can understand the risk as primarily to a vulnerable client from a powerful professional; or, to the contrary, from a powerful client-lawyer combination toward vulnerable others. Second, what is the foundational orientation of lawyers? Are lawyers serving primarily their particular clients, and those clients’ preferences, choices and autonomy? Or is the primary allegiance of lawyers to some community or collective goal or interest distinct from the particular goals or interests of the client? The third dichotomy concerns not the substance of therisk, or the primary orientation, but the appropriate means of responding to that risk or that fundamental obligation. Should professional ethics be implemented primarily through rules? Or, should we rely on character and the discretion of lawyers to make a thought out, all things considered, decision? Each of these three presents a fundamental difference in how we perceive and address issues of lawyers’ ethics. Each affects our understanding and analysis on multiple levels, from (1) determining the appropriate or requisite conduct in aparticular situation, to (2) framing a specific rule or approach for a particular category of situations, to (3) more general or abstract theory or policy. A person’s inclinations in regard to the dichotomies affects the conclusions that person will reach on each of those levels of analysis, yet those inclinations and assumptions are frequently unexamined and unarticulated. One’s position on each of the dichotomies tends to structure the approach and outcome without the issues and choice having been explicitly addressed or possibly even noticed. This article is an effort to ameliorate that problem. Part I addresses the question of what is the risk in the work of lawyers, or the function of lawyers, for which professional ethics is the answer. The concluding section focuses on the particular problem of the corporation as client. Part II then asks the related and possibly consequent question of what is the foundational orientation or allegiance of the lawyer? Is it to the individual client? Or is it to some larger community interest? Again, the concluding section focuses on thecorporation. Part III turns to the means or method for addressing the obligations and possible problems of the professional ethics of lawyers. Should lawyers’ ethics guide and confine the conduct of lawyers primarily through rules? Or should it function primarily through reliance on the knowledge, judgment and character of lawyers? If the latter were the guide, ethical decisions would be made on a situation by situation basis under the discretion of each lawyer. Toward the end of each discussion possibilities for bridging the dichotomy are considered (and with such bridges each dichotomy may come to look more like a spectrum or continuum.). At several points after its introduction in Parts I and II, the special problem of the corporation as client is revisited and possible solutions suggested. Illustrating the usefulness of keeping the dichotomies in view, Part IV applies them to several exemplary situations of ethical difficulty in actual lawyer practice. For readers finding it difficult to envision the consequences of these distinctions, turning ahead to Part IV may be useful in making the discussion more concrete. Some commonalities across the dichotomies and connections among them are then developed in the concluding section, Part V.

Student lectures notes on chemistry and materia medica, and medical recipes, of Lyman Spalding, 1795-1799 (inclusive)

Contains notes taken by Harvard student Lyman Spalding during eleven chemistry lectures delivered by Harvard Professor Aaron Dexter (1750-1829) in the fall of 1795 and recipes prepared and used by Spalding in his medical practice in 1797. The recipes include elixir vitriol, containing liquor, Jamaica pepper, cinnamon, and ginger, and an electuary for a cough, containing oxymel squills (sea onion in honey), licorice, antimonium tartaricum potash (a compound of the chemical element antimony and a potassium-containing salt), and opium. The volume also contains writings about chemistry by Spalding, some of which appear transcribed from published sources, in undated entries, and a diary entry from 1799 regarding an experiment with water.

Drying Peppers: Technolocy and Properties

The peppers can be very diverse, from sweet to hot peppers, varying in shape, in colour, in properties and usages. While some are eaten in the fresh state, many of them undergo a drying process to be preserved for a longer time and to increase availability and convenience. Hence, after harvesting, in many cases a drying operation is involved, and the present chapter aims to address this operation, of pivotal importance. In ancient times, the drying of foods in general and peppers in particular was done by exposure to the solar radiation. However, despite its cheapness and easiness, this process involved many drawbacks, like long drying times, probability of adverse atmospheric conditions and contaminations of the product. Hence, nowadays its usage is reduced. The most popular industrial drying method is the hot air convective drying. However, the high temperatures to which the product is exposed can cause changes in the composition and nutritional value as well as in the physical properties or organoleptic quality of the products. Other alternative methods can be used, but sometimes they are more expensive or more time consuming, such as is the case of freeze drying. Still, this last also has visible advantages from the quality point of view, minimizing the changes in texture, colour, flavour or nutrients. The knowledge of adequate drying operating conditions allows the optimization of the product characteristics, and hence to know the drying kinetics or the isotherms is fundamental to properly design the most adequate drying processes, and therefore preserve the organoleptic characteristics as well as the bioactive compounds present.

Change in crew performance, physiology and affective state due to motions aboard a small monohull vessel : a preliminary study /

Final report, December 1978.

... International exhibition, 1876. [Reports]

v.1. Report of the director-general, A.T. Goshorn. Reports of the bureaus of administration : Installation of Henry Pettit. Art by John Sartain. Machinery by John S. Albert. Agriculture by Burnet Landreth. Horticulture by Charles H. Miller. Engineering by H.J. Schwarzmann. Transportation by Dolphus Torrey. Admissions by David G. Yates. Awards by Francis A. Walker. Classification and catalogue by Dorsey Gardner. Medical service by William Pepper. Protection by A.T. Goshorn. Fire by Atwood Smith. Water-supply by Frederick Graff. Telegraphy by William J. Phillips.--v.2. Reports of the president, secretary, and Executive committee. Together with the Journal of the final session of the commission.--v.3-8. Reports and awards. Groups I-XXXVI and collective exhibits. Ed. by Francis A. Walker.--v.9. Grounds and buildings of the Centennial exhibition... Ed. by Dorsey Gardner.--v.10-11. Report of the Board on behalf of the United States executive departments.

Higher medical education, the true interest of the public and the profession : Two addresses delivered before the Medical department of the University of Pennsylvania on October 1, 1877, and October 2, 1893 /

Mode of access: Internet.

C.R.A. being a digest of Pennsylvania decisions embracing all the reported cases on the subjects contained in the volume, 1898-1922 /

At head of title: Cross-reference annual series. "C.R.A."

Ethics.

Mode of access: Internet.

Sermons /

Temperance -- The Christian home -- Strong womanhood -- Love your enemies -- The snare of the fowler -- The world's bid for a man -- Following Christ afar off.

The way; a devotional book for boys,

Mode of access: Internet.

Old mammy's lullaby songs [music] : With an instrumental medley.

Mode of access: Internet.

School of Nursing Class of 2006

Top Row: Rebecca Adams, Leslie Babich, Katherine Banas, Lori Barnett, Stacey Bednarz, Kelly C Berryman, Adam Brieger, Tina Brown, Kimberly Burleigh, Anne Byrne, Julia Carl, Terra Caswell, Angela Chabot, Molly Colgan, Desiree Conyers, Amy Cook, Melissa Cooley, Ashley Cooper, Morgan Cornell

Row 2: Delphine Cornet, Laura Cortina, Casey Cox, Bradley Crow, Lauren D'Agostino, Katelyn Davis, Kara Dendrinos, Rachael Dunckel, Carolyn Ellis, Kristin Ellis

Row 3: Deonna French, Erin Gasser, Amanda George, Michelle Gilmore, Jacquelene Goyett, LaRonda Gracia, Tera Greenberg, Tracy Guzzardo, Amy Hamlin Tapper, Shawn Hathaway

Row 4: Jennifer Heller, Michele Hetfield, Hilary Heuer, Christen Hicks, unknown, Melissa Jenkins, Terri Jobkar, Jennifer Keller, Karissa Kerg, Katherine Kern

Row 5: Keri Kingma, Amanda Kristofik, Brigid Kutner, Melissa LaDuke, Lorraine Law, Katherine Lawler, Allison Ledtke, Corinne Lee

Row 6: Kerrie Lemerand, Kristen Maki, Smith Margaret, Cynthia Mathew, Thomas Mazzocco, Cara McAlpin

Row 7: Lana McCarthy, Erin McKeever, Nicolyn Meek, Patricia Coleman-Burns, Carol Loveland-Cherry, Judith Lynch-Sauer, Ada Sue Hinshaw, Barbara Guthrie, Marge Calarco, Carolyn Sampeselle, Joanne Pohl, Therese Messing, Rachel Milkowski, Renee Miller

Row 8: Andrea S Miller, Stephanie Mizer, Melissa Morgan, Heather Bidgoli, Elisa Brunetto, Jessica Cleghorn, Jade Curry, Ashley Dorow, Megan Finn, Lisa Gruen, Margaret Kelemen, Andrea Munger, Elizabeth Spencer, Mary Vanderweele, Abigail Vertalka, Jackelyn Ng, Phuong Nguyen, Gracia Nicolaescu

Row 9: Laura Norris, Elizabeth Osborn, Lavinia Pacurar, Carly Palmer, Kristine Parish, Jill Patterson, Mary Pepper, David Perout, Michael Pfeifer, Kristin Phillips, Susanne Pickman, Vanessa Polly, Sabrina Porter, Christina Quillan, Lauren Ramoie, Natasha Rivers, Teresa Roberts, Megan Robertson, Byanqa Robinson

Row 10: Mary Rodzik, Kimberly Sanders, Weber Sasha, Rebecca Scheiblauer, Taylor Schmidt, Jacquelyn Schrot, Tanya Shisler, Daniel Shivel, Sophia Shyu, Michelle Skurulsky, Melissa Smalligan, Erin Sorensen, Allison Spinweber, Lindsay Steiger, Natalya Stokely, Karen Stoneburner, Katherine Stout, Stephanie Swihart, Aaron Taylor

Row 11: Lori Thome, Christopher Thuer, Carolyn Trabka, Kathryn Trommbley, Valerie Tumbleson, Stacey Ventola, Dana Verkade, Caitlyn Vert, Angela Videto, Kari Wanless, Abby Wegener, Stephanie Westphal, Eric Williams, Whitney Zachritz, Amber Zemer, Joanna Zizzo, Chelsea Zussman

The life and times of Henry Gassaway Davis, 1823-1916,

Mode of access: Internet.

Investigation of manpower resources. Hearings before a subcommittee of the Committee on education and labor, United States Senate, Seventy-seventh Congress, second session, on S. Res. 291, a resolution authorizing the appointment of a special committee to investigate the manpower resources in the United States ...

Claude R. Pepper, acting chairman of subcommittee.