Workers involved in unethical practices are almost always directly or indirectly held accountable for their actions. Even though they may not be found guilty by any court of law, the physiological impact of immoral acts leads to intense mental and physical stress. When a company is found guilty of financial improprieties, the workers undergo a series of questions from investigators and if they were found to be involved, they may be blacklisted or their professional license revoked. Many workers involved in immoral behavior may not know the source of anxiety or other health issues, but the human conscience has a strong effect on our physical and mental stability.
The legal profession has established national and state professional codes of conduct applicable to those practicing law. Failure to adhere to the prescribed rules can result in serious consequences. A particular requirement is that attorneys must protect all information exchanged between both current and former clients.
Rules of Professional Conduct
The legal system and particularly attorneys practicing within it are closely governed by state courts and government disciplinary boards of the state. Those who practice law must do so within the boundaries of state imposed professional cannons, published opinions, state and federal statutes, and common law doctrines. The American Bar Association adopted the Model Rules of Professional Conduct in 1983; these serve as models for the bar associations of most states (ABA 1983). Pursuant to the rules, every attorney has an ethical obligation to protect information relating to a client. This information includes both privileged and unprivileged client information. Furthermore, an attorney owes the same duties to his or her former clients. Of those many duties, Model Rule 1.9(c) indicates that an attorney who has formerly represented a client shall not use information relating to the representation so as to disadvantage the client unless permission from the client is first obtained, or the information is generally known to the public. The Bar Association of Michigan has adopted this rule, with minor modifications, as its Rule 1.9 in the Michigan Rules of Professional Conduct. (1) The aim is to prevent the use of protected information about a client especially when such information is used to the client's detriment. An attorney must ask, will protected information obtained from or about my client if revealed or used result in injury or disadvantage to the client? If the answer is yes, then the disclosure is strictly prohibited unless done with the consent of the former client.
Ethical rules are enacted to provide guidelines both for the profession and for state regulating bodies in disciplinary proceedings. (2) The disciplinary arm of a particular state's bar association enforces the ethical rules codified in that jurisdiction. The usual process for the disciplinary action can be initiated by complaint from a client, a former client, a member of the public, or the state attorney grievance commission on its own initiative. The attorney grievance disciplinary body investigates the allegations of misconduct and decides whether to prosecute. If the decision is made to prosecute, the matter proceeds to a formal charge and a hearing on whether the attorney did in fact violate the ethical rules of the jurisdiction. The range of discipline includes admonishments, reprimands, fines, suspensions, or even possible disbarment--permanent denial of the ability to practice law--for serious violations. The state supreme court is the final arbiter of questions concerning professional conduct.