posted 07-19-2007 09:25 AM
It's pretty easy to throw sand at attorneys (esp. perhaps defense and corporate attys), but it would be a different culture altogether if we somehow didn't allow people a defense.
Ethics (some systems of ethics at least) is about what good or bad thing happens because of an action or decision.
Making/charging money is not per se unethical or bad. Some (even attorneys I think) would say its a good thing.
Having to pay money is neither bad nor good, its a fact of life and circumstances.
Cheating is bad because is depletes the ability of others to succeed if they deserve to succeed (earn success).
So, if we suggest this is unethical, what bad thing (bad as in diminished the quality of the client's or someone else's life) happened?
If the attorney lied to the examiner or the subject (cheated), that might be bad.
If the attorney told them two different things, is that cheating? What if they are both accuracy? What if incomplete? Is the attorney required to tell both parties everything about their financial arrangements with the other party (or all other parties)?
The examiner gets paid the fee he wants.
The attorney makes money.
The subject pays - and that's just a fact of life and circumstances.
So, it might be sloppy. The situation may even stink.
But its unlikely to be viewed as unethical - in the philosophical and professional sense of what it means to say something is unethical.
"Gentlemen, you can't fight in here. This is the war room."
--(Stanley Kubrick/Peter Sellers - Dr. Strangelove, 1964)