Case of a psychologist who is facing an ethical dilemma of client confidentiality

Abstract

This paper analyzes the case of a psychologist who is facing an ethical dilemma of client confidentiality versus duty to the organization. It uses three models of ethical reasoning- utilitarianism, Wallace’s Ethical Contextualism, and Kant’s Formalist Theory. The ethical dilemma of the psychologist can be solved by preserving the principle of privacy and confidentiality and by recommending expert support for the worker. The results are greater good for society, context-based solutions, treating employees as ends themselves, and making a decision that can be universalized. If the worker gets the support he needs, it is possible to improve his performance and life conditions, which are aligned to the principles of psychologists and personal and organizational goals of concerned stakeholders.

Introduction

            This paper analyzes the case of a psychologist who is facing an ethical dilemma of client confidentiality versus duty to the organization. The ethical questions are: What should the consultant psychologist advise to the forklift operator? Should she report his admission of his alcohol problems to the company, even if it might risk him his job? This paper uses three models of ethical reasoning- utilitarianism, Wallace’s Ethical Contextualism, and Kant’s Formalist Theory. It argues that based on utilitarianism, ethical Contextualism, and formalist theory, the psychologist should put greater value on client confidentiality and should not inform the organization about the forklift worker’s problem. The psychologist should deal with the situation independently by offering advice to the worker that can help him solve his personal problems.

Utilitarianism

            For act utilitarianism, the primary question is: What are the effects of a certain set of actions on the general balance of good over evil? (Velasquez et al., 1989). Before proceeding to answer this question, the first step is identifying various courses of action that the psychologist can do (Velasquez et al., 1989).  The first option is that the psychologist will not value client confidentiality and she will inform the company about the alcohol problems of the forklift operator. The second option is that the psychologist will value confidentiality more and ask the worker to seek for psychological help also, so that he can gain additional support and guidance in coping with his personal problems.

The next step is to assess the harms and benefits of each option (Velasquez et al., 1989).  For the first option, the harms are that the company will no longer trust the worker and fire him, or demote him. Either way, the utility of the worker will be decreased, because as he told the psychologist, he is happy with his job, considering the pay and nature of work. If he is fired, he would suffer more emotional, and additionally, financially, as well. This can also add up to his family problems, because his wife will get angrier at him. It is assumed that he already has a family, based on his admission of his age. Losing his job can lead to marital problems and economic stress that can also pave the way for divorce and an unhappy family. If he is demoted, he is still in the same economic and emotional position as being fired. Having lost the job he loves and needs, he will be less happy than before.

In addition, the psychologist will also not be that happy, because she has violated the American Psychological Association’s (APA) (2010) Ethical principles of psychologists and code of conduct. The principle of privacy and confidentiality is violated by informing others of the client’s problems. Standard 4.01 Maintaining Confidentiality says:

Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules or professional or scientific relationship. (italics added, cited from APA, 2010).

It is the primary responsibility of psychologists to protect confidential information. What the worker told her is completely confidential, and informing other people about his problem breaches the principle of confidentiality. Another consequence is that employees will no longer trust their psychologists, since they will feel that the latter will reveal their secrets to the company anyway. When this happens, the integrity of psychology as a profession will also be injured.

            Despite these negative impacts on several stakeholders, the organization may be better off, because they can replace the worker with another employee with no alcoholic problems. This can reduce accidents and improve efficiency. However, if the worker has been with the organization for a long time, then terminating him because of his health and emotional problems would depress worker morale. They would think that the loyalty of an employee means nothing to the organization, and that the organization would not extend a helping hand to employees facing similar problems. The negative consequences will be that more employees will no longer seek help and problems would be hidden for fear of termination, which will lead to lower productivity in the future.

            For the second option, the psychologist will put greater positive value on client confidentiality more and ask the worker to seek for psychological help also, so that he can gain additional support and guidance in coping with his personal problems. This is a better option because the result will be higher net good for the society. For the worker, he can still keep his job and having psychological help will support his strategies to stop drinking and to lessen his withdrawal symptoms. The worker’s family will also benefit because the psychologist can help him handle his problems more properly and that they will no longer have further financial problems. The organization will also be better off, because a valued employee will be maintained and the costs of hiring and training another employee will be reduced. The psychologist will also be better off because she preserves the integrity of her profession and she also upholds the principle of confidentiality. Thus, based on utilitarianism, the best choice is to allow the worker to handle his problem with sufficient expert help.

Wallace’s Ethical Contextualism

            Wallace believed that there are no universally applicable or acceptable ethical values for all cases (Ford, 2000, p.77). He stressed that context impacts the relevance of issues and the true ethical conflict (Ford, 2000, p.78). In this case, in order to solve the ethical dilemma, the psychologist should assess relevant conditions (Ford, 2000, p.78). The relevant principle is client confidentiality because it applies more to the case than organizational loyalty. The psychologist has a primary role in preserving confidentiality, especially when disclosing the worker’s problem can lead to losing his job. Losing his job can present greater psychological and financial problems for him.  The psychologist is also put at a good position, contrary to thinking that she should rationalize using conflict as a negative value (Ford, 2000, p.78). The psychologist can help an individual overcome his personal problems, which would result to better performance. She can “shoot two birds” in one stone, so to speak, by helping the client privately and helping the organization attain its objective of increasing worker productivity. After all, once the worker solves his alcoholic and emotional problems, he would be fitter to work and he can also enhance his performance.

Wallace also asked why these decisions are important to the people involved. This decision will be important to the psychologist because this is aligned with the Code of Ethics of her profession (Ford, 2000, p.78). This decision will also be important to the employee, because he can get the expert help that he needs. This decision will also be significant to the organization because the means provide for the end of improving workplace performance. Hence, Contextualism also supports the recommendation that the psychologist would privately help the employee seek medical attention.

Kant’s Formalist Theory

            Kant argued that an action is right if it can be applied a priori as a universal law (Ford, 2000, p.62). If all psychologists also choose to help the worker confidentially, will it still be right? This paper argues that it will still be right, because the code of ethics of psychologists will be promoted. In addition, the worker will have a chance to redeem himself and his organization will benefit from a better performance. The worker’s family will also have a chance of their lives not being more ruined that it was. If the worker solves his personal and alcohol problems, his family will definitely benefit from these positive consequences also.

            Kant also argues that people should be treated as an end and not as means to their ends (Ford, 2000, p.62). If the psychologist informs the company about the worker’s problems, she will be using the worker as the means to her end, wherein her end or goal is to help the company improve its performance. This would not be right because every human being should be treated as an end, not as means alone (Ford, 2000, p.62). Thus, using Kant’s theory, it will also not be right for the psychologist to disclose the worker’s problem to the organization.

Conclusion

            The ethical dilemma of the psychologist can be solved by upholding the principle of privacy and confidentiality and by recommending further help for the worker. The consequences are greater good for society, relevance of assessment based on the context, treating employees as ends themselves, and application of a decision that can be universalized. As long as the worker gets the support he needs, it is possible to turn his performance and life around, for the benefit of numerous stakeholders.

References

American Psychological Association (APA).(2010). Ethical principles of psychologists and code of conduct. Retrieved May 30, 2010, from http://www.apa.org/ethics/code/index.aspx

Ford, G.G. (2000). Ethical reasoning in the mental health professions. Boca Raton, Florida: CRC Press.

Velasquez, M., Andre, C., Shanks, T., & Meyer, M.J. (1989). Calculating consequences: The utilitarian approach to ethics. Markkula Center for Applied Ethics at Santa Clara University. Retrieved May 30, 2010, from http://www.scu.edu/ethics/practicing/decision/calculating.html

 

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Solving Ethical Dilemmas in the Accounting Profession

Table of contents

Abstract

The accounting profession like any other is governed by code ethical principles that determine how decisions are made and actions taken. This is because of the fact that professions are established primarily to serve the society, the services provided to the society are so crucial that, high standards of expertise and integrity are required. [Behrman, J. N. (1988)] In order to exercise expertise and integrity professions ought to be granted substantial autonomy in order for its members to discharge their duties fairly without any interference.

This is important because whenever dealing with the public maximum credibility is always very important as it helps to builds public trust. Based on the Stakeholder Impact Analysis and the philosophical approaches to ethical decision making [Bayles, M. D. (1981)] this paper will analyze the Dilemma of Accountant Ethics Case in view of describing the course of action Dan should take.

Introduction

Based on the American Institute of Certified Public Accountant (AICPA) regulations on Certified Public Accountants code of ethics it is an irregularity to manipulate an audit to suit the demands of the employer, the client, or any other investor or non-investor stakeholders. Bakers Greenleaf is one of the Big Eight accounting firms with prominent accounting professionals such as Oliver Freeman and Daniel Potter and others alike. However, a special audit on a wholly-owned real estate subsidiary (Sub) that was assigned to Dan poses an ethical dilemma to him (Dan) and also to the firm. In the course of the audit Dan comes across a problem – he discovers that the owners of the Sub have overvalued one of its real estate properties.

His efforts to discuss the issue with the client do not bore any fruits and as a result he uses his interpretations of the AICPA regulations to make a decision about the issue – in his final report he gives a “subject-to-opinion”. However, his decision draws severe reprimands from his senior – Oliver Freeman. No amount of threatening makes Dan cede grounds in his quest for following the AICPA regulations to the core. Nevertheless Oliver goes ahead and alters the report and substituted a “clean opinion” on top of that he gives Dan a negative evaluation on his performance of the audit.

Dan is torn between reporting the incident to the associate partner counselor or the personnel department or to an independent review board if only it existed in the company but he reasons that Oliver’s arrogance and six years stay at Baker Greenleaf would count for a lot when it comes to listening of his side of story. The Senator Metcalf call for nationalizing the accounting profession resonate sin him as the only alternative to the dilemma.  [Brooks, L.J. (2007)]

Stakeholders Involved

Dan’s convictions were a true indicator of integrity and professionalism, professionalism that is guided by the will to fairly offer services that conforms to the laid down AICPA regulations, that takes into considerations the positions of all the stakeholders involved in any auditing context. This case involves several investor and non-investor stakeholders such as firms that extend credit facilities to the Sub, business partners, clients/ buyers, employees, and city planners. All these stakeholders are entitled to a substantial stake in the Sub, based on its performance, and therefore a true and fair audit is one of their rights.

For instance, the credit lenders rely on the audit report to determine the credit worth of the Sub, the customers have got an equal right to know the exact values of the houses at offer so that they can make a sound decision on whether to purchase or not, the passive business associates/ partners have got a right to know the financial position and the performance of the Sub in order to determine whether profits are being made or not, the employees are similarly entitled to an authentic company financial report as it will determine their future allegiance to Sub – poor performances will lead to employees reconsidering their stay.

Course of Action

Dan’s actions as put by Oliver were a creation of a mountain from a moles hill as they were jeopardizing both the clients (Sub) and Bakers reputation. The actions indeed led to the creation of a mountain as Dan was negatively evaluated and could not find an impartial forum within the organization (Baker Greenleaf) to air his sentiments. However, the best thing Dan would have done was to first seek a dialogue with the personnel department whom he termed as ineffective, and then irrespective of the outcome of the dialogue with the personnel department, Dan would then write or personally visit the office of Senator Lee Metcalf in order to help set the stage for a more long term solution to the problem (nationalizing the profession).

The reasons behind this decision are obvious, that according to a 1976 report that was released by the same Senator (Metcalf) indicating that despite constant revisions to regulations governing the accounting profession anomalies always cropped up. Again, Dan worked within the provisions of the AICPA regulations but he was being crucified for that an indicator that the regulations were inconsequential as the body (AICPA) was toothless.

Oliver’s counter-arguments were bent on maintaining a status quo (keep a clean opinion) as when based on the AICPA materiality clause that asserts that any difference in opinion between the client and the CPA affect the income statement by more than 3% was considered material and thus should be disclosed in the CPA’s opinion. [IFAC Code of Ethics, 2001] The fact that the difference in the Sub’s net income was more than 7% is enough grounds for its disclosure irrespective of whether the effect on the consolidated net income was less than 1% or whether the report was only meant for “in-house.”  Therefore the Metcalf’s vision is the only way out, but unfortunately the vision though a worthwhile one, was yet to be made into law and therefore Oliver and others alike would continue carrying the day at the expense of the stakeholders’ interests.

Stakeholders Impact

Oliver’s decision to put a “clean opinion” on the Sub’s financial statement served to benefit the client/ Sub and also Baker Greenfield as it will get the auditing fee. But on the other side of stakeholders it will impact them negatively. Dan’s decision to give a “subject-to opinion”, a decision that was guided by the code of ethics as put forth by the AICPA was the best especially when looked at from a stakeholder’s point of view.

This argument is based on the notion that accountants/ auditors are bound by the professional ethics as described by the fundamental principles in codes of conduct for professional accountants. The applications of these fundamental principles always leads to the creation of public (stakeholders) interests as well as the interests of the profession and that of the members of the profession. [Brooks, L.J. (2007)]

The decision to seek dialogue with Senator Metcalf is the only practical one as it will stimulate action from a senate level and therefore a more long term solution will definitely be found. For instance, if Metcalf’s vision of nationalizing the profession will become a reality it will go along way into inducing the lost public trust and confidence on the accounting profession. It follows that some stakeholders (those benefiting from false audits) will be negatively affected by such a new move but majority of the stakeholders will benefit.

For instance, potential buyers will not be conned into paying more for overvalued houses, credit institutions will be saved the risks of extending credit to organizations that exceeds their credit worth, passive business partners will get a clear picture of the business performance and hence make wise decisions on whether pull out, hold on, or to invest more, employees will get a clear glimpse of the fruits of the efforts, city planners will get a clear picture of the tax to levy on houses relative to their true values. As it is with many changes the vision of nationalizing the profession also will bring other positive and negative impacts to the stakeholders.

Conclusions

Dan’s decision to stand firm on the convictions of the AICPA fundamental principals was a rare phenomenon, especially going by the findings in Senator Metcalf’s 1976 report. Unfortunately they led him into an ethical dilemma, which “tainted” his reputation as per his senior (Oliver) evaluations. However, the decision to consult Senator Metcalf would bring along term solution to the accounting irregularities and therefore increase the stakeholders trust.

References

  1. Bayles, M. D. (1981) Professional Ethics. Belmont, Calif.: Wadsworth, accessed on February 28, 2009
  2. Behrman, J. N. (1988). Essays on Ethics in Business and the Professions. New Jersey: Prentice-Hall, accessed on February 28, 2009
  3. Brooks, L.J. (2007). Business & Professional Ethics for Directors, Executives, & Accountants, Chap. 4, 4e, Brooks, Thomson South-Western, accessed on February 28, 2009
  4. IFAC Code of Ethics for Professional Accountants, International Federation for Accountants, (2001). London, England, available at;
Stakeholder Interest in the issue Influence Urgency Persuasiveness Importance
Credit institutions More accountable financial records high high medium 1
Potential buyers Credible valuation of property medium high medium 2
Associate investors Transparency of financial records high high high 1
employees Enhance accountability low low low 3
City planners Follow correct valuation procedures low low low 2

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Ethical Dilemmas – Abortion

In our society, there are many ethical dilemmas that we are faced with that are virtually impossible to solve. One of the most difficult and controversial issues that we are faced with is abortion. There are many strong arguments both for and against the right to have an abortion which are so complicated that it becomes impossible to resolve. The complexity of this issue lies in the different aspects of the argument. The essence of a person, rights, and who is entitled to these rights, are a few of the many aspects which are very difficult to define.

There are also issues of what circumstances would justify abortion. Because the issue of abortion is virtually impossible to solve, all one can hope to do is understand the different aspects of the argument so that if he or she is faced with that issue in their own lives, they would be able to make educated and thoughtful decisions in dealing with it. The definition of a person is an aspect of the abortion issue which raises some very difficult questions. Is an unborn baby a person When does the unborn baby become a person

This is a difficult question because in order for one to answer it, he must define the essence of a person. When describing the essence of something, one needs to escribe the necessary and sufficient conditions of that thing. So how does one define the essence of a person Kant describes a person as a rational being. Some people define the essence of a person from more of a biological standpoint. Nevertheless, defining the essence of a person is a very difficult thing for a group of people to agree on.

One own definition of a person would most likely greatly impact his opinion on whether abortion is morally justified or not. This becomes even more complicated when one takes into account potentiality. This raises the question of whether the fetus is an actual person r a potential person. Many would argue that a fetus is a potential person because it is has the potential to become what it is not yet. However, does a potential person have potential rights An example was used: does a potential doctor have the rights of a licensed doctor

When one is describing potentiality, All he is really describing is what that thing is not. By declaring that a fetus is a potential person, one is also stating that a fetus is not a person. As one can see, this issue of the essence of a person and whether a fetus is a person is a very complicated one. This becomes seven more omplicated if one takes into account the issue of rights. Now, the concept of human rights, that is to say, what American society dictates as human rights, conflicts heavily with itself. On one hand, we form a deep and heavy opinion on one s right to life.

On the other, we hold an equally strong opinion on one s freedom to live that life as they please. American society by and large has a firm belief in an individuals right to live. Therefore, if one comes to the conclusion that a fetus actually is a person, then that fetus should receive the protection to it s right to live, as much as you or I. This society also olds the firm belief in one s right to the sovereignty of his or her own body, equal to that of one s right to live. In this case, it is imperative that we understand what liberties we can and cannot take upon ourselves concerning our lives.

Case in point, suicide. Society dictates what we are allowed to do, and how we are allowed to live, by law. Most of American laws are written to preserve one s rights to individuality, and one s right to take the liberty to live their lives as they see fit. However, laws are also written to undermine those who s actions compromise the liberties and freedoms of ther individuals, thus protecting the concepts and ideals of agency and liberty. Based on our society s laws, essentially, we believe that what you do to yourself is your choice, and is accepted by law, so long as it doesn stop or impede the lives and freedoms of others.

The difficulty in this dilemma lies within the question of whether an abortion falls into a category of protection of a woman s right s over the sovereignty of her own body, or whether it falls into a different category of an action which is not permissible because, according to some people, the fetus is a person whose life and freedom is being ompromised. The question of rights is further complicated by the different circumstances where the abortion issue could be raised.

Many people would argue that abortion should not be used as birth control or as a means to deal with the consequences of promiscuous sex. However, how does one address the abortion issue in the circumstance of rape or incest Many say that in these circumstances, abortion is justified. The confusing thing is that the outcome is the same in both circumstances. The fetus is being denied its right to live and grow to its potential as a human being. Where does one draw the line What about case where there is medical complications

For example: a woman becomes pregnant and goes to the doctor for an examination. During the doctor visit, various tests are run and it is discovered that the baby will be born severely deformed and that its quality of life would be extremely substandard. If the woman were to have an abortion, would it be justified What about a situation where a woman becomes pregnant and she does to the doctor and is told that the baby is deformed and the birth would most likely kill the mother. The argument justifying abortion in this case goes back to the right to physical sovereignty ver one s own body.

A person has the freedom to do what he or she wants to concerning their own body as long as it does not harm or compromise the freedom of another, except in self defense. Therefore, in the case of the mother who would most likely die in childbirth, an abortion could be justified because she is acting in self defense. And in the case of rape, many argue that an abortion is also justified because the woman s right to not conceive has been violated, therefore she should not be responsible for the consequences which came through no fault of her own. As on can see, the issue of abortion is on e that is xtremely complicated.

The problem being that many of the ethical dilemmas involved in the abortion issue are so closely intertwined that they are difficult to distinguish from one another. There are some aspects of the issue that would convince most people that abortion is justified, however when those aspects are combined with other intertwining aspects and imperatives, justification oftentimes becomes impossible. In conclusion, the issue of abortion is so complicated and controversial that it is unlikely that a consensus could be reached by American society. There are too many aspects of he issue which peoples views vary to widely.

Some of these issues could be things such as the definition of a person, is the fetus a person, and if so when does it officially become a person. There is also the issue of rights. Do the rights of a person outweigh the rights of a non person. Does the right of a mother s sovereignty over her body outweigh the right of an unborn child to live. The answers to these questions are very diverse as a result of the diversity of the American society. With the issue of abortion, one s attitude toward it is going to be based on many things such as religious background and ersonal morals.

There is no black and white answer to the abortion issue. Luckily we live in a country where we are able to decide for ourselves whether something is morally right or wrong. Thus, ultimately, the choice is ours. As with the many other ethical issues which we are faced with in our society, it is hard to come to a concrete answer until we are personally faced with that issue. All we can do is make an effort to know all of the aspects which are involved so that we may be able to make a sound decision if we were faced with this problem in our own lives.

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Ethical Dilemmas for Counseling

Ethical, Legal, And Professional Issues In Counseling — Presentation Transcript 1. James F. Whittenberg, M. Ed. , CSC, LPC Rivera High School, Brownsville ISD Doctoral Candidate, Capella University, Minneapolis, MN Counselor’s Institute, South Padre Island, TX January 27-29, 2011 2. This presentation is intended to raise awareness of ethical, legal, and professional issues in counseling and reduce the risk of unethical or unlawful behavior that might result in legal complications for counselors.

Participants will be asked to be actively involved in group discussions pertaining to ethical dilemmas. Guidelines and recommendations for ethical decision-making will also be provided. Goals and Objectives 3. Definitions Ethical Decision Making Model Meta-Ethical Principles American School Counselors Association. (ASCA, 2004). Ethical Standards for School Counselors. American Counseling Association. (ACA, 2005). Code of Ethics. Texas State Board of Examiners of Licensed Professional Counselors. (LPC, 2010). Code of Ethics. Case Studies of Ethical Dilemmas Overview 4.

Morality – Morals influenced by cultures and beliefs Ethics – Set of ideal standards and rules of conduct expected of individuals in specific professions Law – Rules of society enforced by government Best Practice – Practicing in the most competent way possible Reasonableness Standard – Each person owes a duty to behave as a reasonable person would under the same or similar circumstances Professionalism – Abiding by moral principals, ethical codes, legal statutes, best practice, a strong ethical decision making model, and the reasonableness standard Definitions 5.

Identify Problem Apply Meta-Ethical Principles Apply Strictest, Current Ethical Code Apply School/District/Agency Policy Consult with a Supervisor or Colleague Consider All Consequences Define Course of Action Corey, Corey, & Callanan (2007) Issues & Ethics in the Helping Professions . 7 th ed. Pacific Grove, CA: Brooks/Cole. Ethical Decision Making Model 6.

Beneficence: Do good to benefit society Nonmaleficence: Do no harm to clients Autonomy: Freedom of choice & Control of one’s life Justice: Fairness and Equitable Fidelity: Responsibility of trust & faithful commitments Veracity: Truthful and Honesty Corey, Corey, & Callanan (2007) Issues & Ethics in the Helping Professions . 7th ed. Pacific Grove, CA: Brooks/Cole. Moral Principals 7.

Counseling relationship & Non-therapeutic relationships Confidentiality & Privacy Professional Responsibility Assessment & Testing Research & Publication Records (maintenance & access) Duty to Warn / Imminent Danger Advertising, Fees, Gifts, & Bartering Informed Consent & Disclosure Group Counseling Ethics, Law, Professionalism, & Competency Commonalities: ASCA, ACA, & LPC 8. American School Counselor Association (ASCA, 2005).

Ethical Standards for School Counselors . http :// www. schoolcounselor. org/files/ethical%20standards. pdf Revised from 1998 to 2004 Emphasis: multicultural competency; legal statutes; accountability; student and parent rights; advocacy Aligned with the ASCA National Model Academic, career, personal, and social development Use of “student” instead of “client” Inclusion of “guardians” along with “parents” American School Counselor Association

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Examples of Ethical Dilemmas Accounting

Examples of Ethical Dilemmas Accounting: Your supervisor enters your office and asks you for a check for $150. 00 for expenses he tells you he incurred entertaining a client last night. He submits receipts from a restaurant and lounge. At lunch your supervisor’s girlfriend stops by to pick him up for lunch and you overhear her telling the receptionist what a great time she had at dinner and dancing with your supervisor the night before. What do you do?

Bank Teller: You have worked as a bank teller for several months when one of the other tellers who has become a good friend tells you that her daughter is extremely ill and that se must have an operation to survive. She also tells you that she has no insurance and the operation will cost $10,000. Sometime later you ask her about her daughter and she tells you she is just fine now. She then confides in you that she took $10,000. 00 from a dormant account at the bank to pay for the operation. She assures you that she has already started paying it back and will continue to do so until it is all returned.

What do you do? Computers: In your spare time at work, you have developed a new spreadsheet program on the personal computer in your office. It is even more powerful, yet easier to sue than anything on the market. You share your new program with a friend who encourages you to market it on your own because you could probably make an incredible profit in a very short time. This is a very attractive option, yet you developed it using company equipment and during time that you were at work. What do you do?

Journalism/Advertising Your newspaper has published a report on a national study, which concluded that bottled water has virtually no health advantages over the tap water in more cities, including yours. The study included comments from local health storeowners and water distributors challenging the study. The AquaPure Bottled Water Company, advertising account worth over $75,000. a year, has threatened to pull its account with your newspaper unless you run another story of equal prominence, focusing on the benefits of bottled water. What do you do?

Read also by David Mamet

Law Enforcement You are a rookie officer assigned to a training officer for the first six months of your employment. The training officer is a 20-year veteran and is a close friend pf thee Assistant Chief of Police and the brother-in-law of the Watch Commander. The third day that you are working with him you respond to a burglary call at a local convenience store. It is 2:30 am and the manager has been notified. You are directed to wait 30-35 minutes for his arrival. A short time later you observe your partner take a soda, candy and a bag of chips. He consumes the soda and chips.

When the manager arrives, the two of you depart. What, if anything, should you do? Personnel Your company has a firm policy regarding cases of theft of company property. Used company equipment is on a table to be sold by bid each month. You see a valued employee who is 2 months from retirement slip an electric drill from the table and put it in his car before the day of the sale. What so you do? Real Estate A lady from out of town calls you to list her deceased parent’s home in Liberty. She is not sure what it is worth, but says she will be happy to get $50,000. 0 for the home. You look at the home and feel it is worth at least $75,000, and re4laise it would be perfect for your brother. What do you do? Retailing You are the buyer for a retail-clothing store. Your store has a policy of not accepting gifts. However, over the years, salesmen have offered, and other employees have accepted lunch, theater and baseball tickets. You arrive home from the office and find a new TV and DVD player on you doorstep with a note that says: “A personal gift for out long standing friendship.

Enjoy it with you family in good health. The Jones Clothing Company” What do you do? Teacher You have a student who is from a single parent family. The student must work to attend college. However, the job is interfering with the student’s performance and several assignments have not been turned in. You have determined that a “D” is all the student can make when a counselor informs you that the student need a “C” to qualify for an academic scholarship. ’ What do you do?

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The Ethical Dilemma of THE FIRM

There are a number of ethical dilemmas that are quit obvious on the surface in THE FIRM and play a large role in the development of the narrative. These dilemmas revolve around criminal activity and are obvious. The ethical dilemmas that the main character faces are that of whether or not to continue his relationship with illegal activity or to abandon his complicity of the illegality.

This is, of course, compounded by the fact that the authorities realize what is going on and will prosecute the main character if he does not aid them and if he does aid them he will risk discover and, possibly, assassination. Again, while much of the narrative and the ethical dilemmas that resonate from it are obvious, there are also a number of subtle ethical dilemmas that equally contribute to the overt dilemmas that the viewer is clearly aware.

Consider how Mitch McDeere, the main character, finds himself in the position that he is in, in the first place. McDeere is not a wealthy man and he supports himself through law school by working as a waiter. He is marries and we must logically assume that his wife is also financially supporting him as a waiter’s tips could never finance a full time law degree course load. (A visual motif is employed when we first see Mitch and his wife – they are eating Chinese take out food right out of the cartons.

A cheap device to hint that they are short on cash) Mitch is seemingly humbled by his experience and there is a bit of inferiority found within his perception of himself. When the job offer to work at a law firm in Memphis arises, McDeere is enamored with the job for one reason and one reason alone: money. The Memphis firm simply pays the best and it is located in an area where the cost of living is low. Because of this, McDeere will reap cash rewards and, as a result, cleanse himself and his psyche of the inferiority complex that he developed pinching his budget in order to survive.

Of course, this also has created a tunnel vision approach to accepting the job offer and McDeere accepts his job offer from a firm he knows relatively little about. Because he rushes into the union based solely out of a desire for a quick profit, he leaves himself woefully vulnerable as he enters a world that is hardly what it seems. He is not so much entering the legal profession as he is entering the criminal profession as the law firm is heavily involved with organized crime and money laundering.

For McDeere’s wife, the dilemma becomes one that conflicts her. Should she stay in the marriage and risk her life or should she leave her husband to his own fate? For McDeere’s mentor, Avery Tolar, his dilemma is that he must convince McDeere to literally reshape his own ethical beliefs so as to accept a life of crime. If he can not convince McDeere of this, Tolar is then faced with the dilemma of what to do with McDeere. In other words, Tolar may be forced to have someone whom he considers a surrogate son assassinated.

Therein lies a number of complexities within the framework of THE FIRM: the dilemmas posed to McDeere are interrelated with other characters and, ultimately, the dilemma is rooted not so much in the narrative’s complexities as much as they are rooted in the complexities of the motivations of McDeere. This is further compounded by the fact that McDeere’s motivations have shifted from wealth as a source of providing for his family to wealth for wealth’s sake to simply being able to survive.

In order to resolve this dilemma, McDeere must figure a way out of a no win situation. He can take his chances with the firm and hope he will not get prosecuted or he can help the police and risk being killed. Either way, his choices are not exactly good so he must seek a third option that may allow him to circumvent the police and his employers at the firm. This leads McDeere to investigate deeper into the business practices of the firm where he hopes to find the magic bullet that will allow him a safe passage out of the dilemma he finds himself. Eventually, he does find an escape and it is the downfall of the film as a serious drama.

The way in which the ethical dilemma was resolved is, quite honestly, insane. That is to say, it would appear that the producers of the film did not like the ending of the novel and wanted to create a more upbeat “Hollywood” ending. In the novel, McDeere and his wife have “co-opted” quite a bit of the firms money and run away. The novel ends with them on a ship sailing away to a new life and we presume they also will have new identities.

The ending of the novel is purposefully ambiguous leading the reader to assume that the escape may or may not work. Whether it does or not is irrelevant as the purpose of the ending of the novel is to show that McDeere has matured and has become self sufficient as well as to provide a cautionary warning to those who make the errors of pride that McDeere embodied.

The cinematic adaptation of THE FIRM was a summer release featuring a bankable, box office star. Simply put, there was NO WAY the studio was going to risk losing money with an ending audiences would find too downbeat. In the ending of the film, McDeere’s moral dilemma is solved by presenting the mafia bosses who employ the firm with records of over billings. This way, the mob no longer works with the firm.

They will not kill McDeere because he has provided them with proof that they have been “ripped off” and now the mob will file criminal charges against the firm. To put it mildly, this ending is UTTERLY IDIOTIC, and ruins all the proceedings of the film. It is, however, the way the ending of the film is scripted and it is how a convenient ending is crafted to escape the dilemma the main character faces.

Would a different framework to the ending have provided a better conclusion? Had the original ending of the novel been retained the answer would be yes as the ending would have made more logical sense within the genre as the cinematic ending was too ridiculous and contrived. Furthermore, the cinematic ending allows McDeere to EVADE his dilemma that actually confronting it. That is, he plays a sleight of hand game to remove himself from the equation and eliminate the mob’s threat. Again, the ending is silly, but it is the ending we are stuck with.

In terms of the overall entertainment value of the subgenres of courtroom/crime/police procedural dramas, there are a number of reasons for the success of these genres despite the fact that these subgenres have a great deal going against them: the age brackets they appeal to are limited and plots are generally not ‘popcorn’ entertainment, yet audiences turn out in droves to see them. (THE FIRM grossed well over $100 million in theaters when first released) Of all the reasons that these subgenres are popular, there are two reasons that stand out the most.

First, the audience perceives the films to be “real.” Of course, what is presented on screen is far removed from what really exists in the mundane world of criminal investigations and courtroom proceedings, but the genres root themselves in the realm of plausibility.

While the events that are presented on screen generally do not happen in the dramatic manner in which the events are portrayed, there is the possibility that they could happen in such a manner. As such, the narrative becomes gripping and it draws the audience into the seriousness of the proceedings.

Second, the audience finds the morality play in these types of films to be gripping. THE FIRM is not a film that deals exclusively with corruption as it relates to the plot as much as it is a condemnation of corruption in general which is then dramatized in the form of a cinematic morality play. The concept of the audience learning moral lessons in from the entertainment medium is hardly a new concept and it is perennially popular. While such morality lessons started with Greek myths they have carried over into modern cinema where they remain equally popular and will remain so for many years to come.

Ultimately, THE FIRM is an excellent thriller that poses a number of ethical dilemmas for the cast of characters as well as the audience. Sadly, the ending cheats both the characters and the audience out of an effective cure for the dilemma, but the film remains entertaining overall despite its flaws.

Bibliography

Davis, J. (Producer), & Pollack, S. (Director). (1993). The Firm

[Motion picture]. Los Angeles, CA: Paramount.

Grisham, John. (1992) The Firm. Paperback Edition.  New York: Pengui

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