Have you thought about the ethical question of how far an advocate should go in representing their client? It’s not a bright line, but here are some thoughts. Most of us were introduced to Lord Brougham’s statement during his representation of the queen of England in Queen Caroline’s Case. Brougham said: “An advocate, in the discharge of his duty, knows but one person in all the world, and that person is his client. To save that client by all the…
Here are some random notes from the book The Language of Trust by Michael Maslansky You can’t ignore attacks as you are presumed guilty under proven innocent. Silence is an admission of guilt and every minute you delay telling your own story makes it worse. In dealing with a skeptic there are four principles of credible communication: (1) Be personal (2) Be plainspoken (3) Be positive and (4) Be plausible. The most important step is engagement. If the skeptic…
COST vs RISK ANALYSIS 1. Analyzing What is Reasonable (1) SHOULD CONSIDER: (a) LIKELIHOOD OF INJURY HAPPENING (b) SERIOUSNESS OF HARM IF IT DOES HAPPEN 2. Cost vs Benefit Analysis (1) SHOULD CONSIDER: (a) COST OF INFORMING (b) DIFFICULTY AND TIME TO WARN (c) THE BENEFIT FROM GIVING THE WARNING (d) WHETHER METHOD OF INFORMING INVOLVES ACCEPTED PROCEDURE IN INDUSTRY (e) WHAT HARM CAUSED BY GIVING WARNING a. THE LIKELIHOOD OF THE HARM b. THE SERIOUSNESS OF THE HARM COMPARED…