6. Conflicts of interests

Legal Ethics ◽  
2017 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Conflicts Of Interest ◽  
Codes Of Conduct ◽  
Case Law ◽  
Conflicts Of Interests ◽  
Conflict Rule ◽  
Professional Codes ◽  
Ethical Basis

This chapter discusses the ‘conflicts of interest’ principle. It explains the principles that underpin the no-conflict rule. It consider the obligations under the professional codes of conduct for the rule. The chapter also explores the ethical basis for the principle and exceptions to it. The chapter looks too at some of the case law on how lawyers should avoid conflicts of interest.

Pharmaceutical industry sponsorship of academic conferences: ethics of conflict of interest

2020 ◽  
pp. medethics-2020-106224
Author(s):  
Saroj Jayasinghe
Keyword(s):  
Developing Countries ◽  
Pharmaceutical Industry ◽  
Ethical Issues ◽  
Social Trust ◽  
Medical Profession ◽  
Codes Of Conduct ◽  
Developed Countries ◽  
Professional Judgment ◽  
Conflicts Of Interests ◽  
Core Issue

Sponsorship of medical conferences by the pharmaceutical industry has led to many ethical issues, especially in resource-poor developing countries. The core issue in these instances is to reduce or avoid conflicts of interests (COIs). COI is a set of circumstances that creates a risk that professional judgment or actions regarding a primary interest will be unduly influenced by secondary interests. Disruption of social trust should also be considered. This deontological approach should be complemented by a consequentialist approach. Towards this, the concept of distal interests (DI) is introduced. DI lies beyond the immediately visible COIs and the consequences of immediate decisions. They are ‘distal’ in time or place: ‘DI in time’ means consequence of the decision in future scenarios, while ‘DI in space’ means those that impinge on other institutions or bodies. In judging the consequences, it is also necessary to consider the reality of the existing relationship between the pharmaceutical industry and organisers of conferences. In more developed countries, these relationships are governed by stricter regulations, adherence to codes of conduct by both parties and stronger institutional oversights. In contrast, developing countries such as Sri Lanka the regulatory environment is lax and the demarcation of interests between the pharmaceutical industry and the medical profession is considerably blurred. Therefore, establishing clear rules of engagement between the stakeholders should be considered as an attempt to clear the muddy waters. The paper proposes a set of guidelines to capture these approaches.

The Cheerleaders’ Mock Execution

2011 ◽  
Vol 14 (4) ◽  
pp. 1-9
Author(s):  
Laura Trujillo-Jenks
Keyword(s):  
Public Schools ◽  
Free Speech ◽  
Hate Speech ◽  
School Administrators ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Case Law ◽  
Student Speech ◽  
New Principal ◽  
Culture And Climate

The fervor of student speech is demonstrated through different mediums and venues in public schools. In this case, a new principal encounters the mores of a community that believes in free speech, specifically student free speech. When a pep rally becomes a venue for hate speech, terroristic threats, and profanity, the student code of conduct could become the principal’s best weapon. This case explores case law, codes of conduct, organizational culture and climate, and leadership in the context of a controversial cheerleader sketch at a pep rally. A brief literature review can be found in the teaching notes with suggestions for current and future school administrators.

scholarly journals A hidden web of policy influence: The pharmaceutical industry’s engagement with UK’s All-Party Parliamentary Groups

PLoS ONE ◽  
2021 ◽  
Vol 16 (6) ◽  
pp. e0252551
Author(s):  
Emily Rickard ◽  
Piotr Ozieranski
Keyword(s):  
Pharmaceutical Industry ◽  
Conflicts Of Interest ◽  
Pharmaceutical Companies ◽  
Total Drug ◽  
Conflicts Of Interests ◽  
Policy Influence ◽  
Patient Organisations ◽  
Drug Companies ◽  
Health Related ◽  
Industry Needs

Our objective was to examine conflicts of interest between the UK’s health-focused All-Party Parliamentary Groups (APPGs) and the pharmaceutical industry between 2012 and 2018. APPGs are informal cross-party groups revolving around a particular topic run by and for Members of the UK’s Houses of Commons and Lords. They facilitate engagement between parliamentarians and external organisations, disseminate knowledge, and generate debate through meetings, publications, and events. We identified APPGs focusing on physical or mental health, wellbeing, health care, or treatment and extracted details of their payments from external donors disclosed on the Register for All-Party Parliamentary Groups. We identified all donors which were pharmaceutical companies and pharmaceutical industry-funded patient organisations. We established that sixteen of 146 (11%) health-related APPGs had conflicts of interest indicated by reporting payments from thirty-five pharmaceutical companies worth £1,211,345.81 (16.6% of the £7,283,414.90 received by all health-related APPGs). Two APPGs (Health and Cancer) received more than half of the total value provided by drug companies. Fifty APPGs also had received payments from patient organisations with conflicts of interest, indicated by reporting 304 payments worth £986,054.94 from 57 (of 84) patient organisations which had received £27,883,556.3 from pharmaceutical companies across the same period. In total, drug companies and drug industry-funded patient organisations provided a combined total of £2,197,400.75 (30.2% of all funding received by health-related APPGs) and 468 (of 1,177–39.7%) payments to 58 (of 146–39.7%) health-related APPGs, with the APPG for Cancer receiving the most funding. In conclusion, we found evidence of conflicts of interests through APPGs receiving substantial income from pharmaceutical companies. Policy influence exerted by the pharmaceutical industry needs to be examined holistically, with an emphasis on relationships between actors potentially playing part in its lobbying campaigns. We also suggest ways of improving transparency of payment reporting by APPGs and pharmaceutical companies.

scholarly journals Expert Evidence: The Ethical Responsibility of the Legal Profession

1969 ◽  
pp. 853 ◽  
Author(s):  
Tania M. Bubela
Keyword(s):  
Justice System ◽  
Codes Of Conduct ◽  
Legal Profession ◽  
Law Reform ◽  
Ethical Responsibility ◽  
Expert Evidence ◽  
Reform Initiatives ◽  
Professional Codes ◽  
Ethical Obligations

The author examines the ethical obligations of the legal profession in using expert evidence. The author surveys developments in Canadian and U.S. jurisprudence, procedural and substantive issues, and law reform initiatives on the admissibility and use of expert evidence in civil and criminal litigation. She proposes a "tripartite framework" to address the use of expert evidence: by strengthening professional codes of conduct to address ethical obligations in using experts; by emphasizing lawyers' obligations to improve the justice system; and by clarifying the criteria for admitting expert evidence.

scholarly journals Cybersecurity, value sensing robots for LGBTIQ+ elderly, and the need for revised codes of conduct

2020 ◽  
Vol 24 ◽  
Author(s):  
Adam Poulsen ◽  
Eduard Fosch-Villaronga ◽  
Oliver K Burmeister
Keyword(s):  
Information System ◽  
Health Information ◽  
Codes Of Conduct ◽  
Health Information System ◽  
Aged Care ◽  
Professional Service ◽  
Tablet Computers ◽  
Diagnostic Systems ◽  
Professional Codes ◽  
Do So

Until now, each profession has developed their professional codes of conduct independently. However, the use of robots and artificial intelligence is blurring professional delineations: aged care nurses work with lifting robots, tablet computers, and intelligent diagnostic systems, and health information system designers work with clinical teams. While robots assist the medical staff in extending the professional service they provide, it is not clear how professions adhere and adapt to the new reality. In this article, we reflect on how the insertion of robots may shape codes of conduct, in particular with regards to cybersecurity. We do so by focusing on the use of social robots for helping LGBTIQ+ elderly cope with loneliness and depression. Using robots in such a delicate domain of application changes how care is delivered, as now alongside the caregiver, there is a cyber-physical health information system that can learn from experience and act autonomously. Our contribution stresses the importance of including cybersecurity considerations in codes of conduct for both robot developers and caregivers as it is the human and not the machine which is responsible for ensuring the system’s security and the user’s safety.

scholarly journals Metaphors of Lawyers' Professionalism

1995 ◽  
Vol 33 (4) ◽  
pp. 833 ◽  
Author(s):  
Jonnette Watson Hamilton
Keyword(s):  
English Language ◽  
Codes Of Conduct ◽  
Legal Profession ◽  
Professional Codes ◽  
The Military

This article examines three common metaphors in several professional codes of legal conduct and supporting documents. The metaphors are the "metaphoric networks" based on the military, gentility and Christianity. Numerous examples of all three metaphoric networks are given. Metaphors are non-arbitrary. The three metaphoric networks examined here are consistent with one of the most common orientation metaphors in the English language, the metaphor expressing relationships in bodily terms of "up" and "down." These metaphoric networks evoke a hierarchy of society based on a strictly male, ethnocentric British-Canadian world. The lawyer reading the codes of conduct that contain these metaphors would see the image of the lawyer created according to the lawyer's own inclusion within or exclusion from that ideal. Also, this social elitism may contribute to the public's lack of respect for the legal profession.

Challenge and Disqualification of Arbitrators in International Investment Arbitration: An Overview

2014 ◽  
Vol 13 (2) ◽  
pp. 153-177 ◽  
Author(s):  
Federica Cristani
Keyword(s):  
Case Law ◽  
International Investment ◽  
Conflicts Of Interests ◽  
Institutional Rules ◽  
Ethical Codes ◽  
Investment Treaty ◽  
Investment Arbitration ◽  
Significant Case

A significantly small spectrum of arbitrators – i.e. 15 – have sat on the panels making up 55 percent of the 518 investment treaty disputes known today. This has produced considerable, real or perceived, conflicts of interests, whether personal, professional or case- or issue-related. This article addresses the requirements of independence and impartiality of arbitrators under the institutional rules and the relevant ethical codes, together with a survey of the most significant case law on the matter.

Ethical Problems of Marketing Researchers

1984 ◽  
Vol 21 (3) ◽  
pp. 309-324 ◽  
Author(s):  
Shelby D. Hunt ◽  
Lawrence B. Chonko ◽  
James B. Wilcox
Keyword(s):  
Codes Of Conduct ◽  
Marketing Research ◽  
Top Management ◽  
Research Practices ◽  
Ethical Problems ◽  
Professional Codes ◽  
Research Questions ◽  
Almost All

Almost all studies on ethics in marketing research have focused on either delineating the responsibilities and obligations of researchers to respondents and clients or exploring whether various groups perceive certain marketing research practices to be ethical or unethical. The authors empirically examine four research questions: What are the major ethical problems of marketing researchers? To what extent do our professional codes of conduct address the major ethical problems of marketing researchers? How extensive are the ethical problems of marketing researchers? How effective are the actions of top management in reducing ethical problems of marketing researchers?

scholarly journals Making lawyers moral? Ethical codes and moral character

Legal Studies ◽  
2005 ◽  
Vol 25 (4) ◽  
pp. 601-626 ◽  
Author(s):  
Donald Nicolson
Keyword(s):  
Ethical Decision ◽  
Ethical Decision Making ◽  
Codes Of Conduct ◽  
Moral Character ◽  
Ethical Standards ◽  
Legal Practice ◽  
Successful Development ◽  
Wide Range ◽  
Moral Behaviour ◽  
Professional Codes

This article argues that professional codes of conduct cannot perform the important task of ensuring that lawyers uphold high ethical standards. Instead, moral behaviour by lawyers requires the development of fixed behavioural attributes relevant to legal practice - what may be called a lawyer's professional moral character. At the same time, however, along with other factors, professional codes are important in that they can either contribute to or detract from the successful development of professional moral character. If so, it is argued that in order to have the best chance of assisting the character development of lawyers, codes should neither take the form of highly detailed or extremely vague, aspirational norms, but should instead guide ethical decision-making by requiring them to consider a wide range of contextual factors when resolving ethical dilemmas.

Nine Ethical Values of Master Therapists

2005 ◽  
Vol 27 (1) ◽  
pp. 32-47 ◽  
Author(s):  
Len Jennings ◽  
Ashley Sovereign ◽  
Nancy Bottorff ◽  
Melissa Pederson Mussell ◽  
Christopher Vye
Keyword(s):  
Professional Growth ◽  
American Psychological Association ◽  
Codes Of Conduct ◽  
Personal Characteristics ◽  
Self Awareness ◽  
Consensual Qualitative Research ◽  
Ethical Values ◽  
Ethical Decisions ◽  
Professional Codes ◽  
Master Therapists

This study employed the Consensual Qualitative Research method (Hill, Thompson, & Williams, 1997) to reanalyze interview data from a previous qualitative study of the personal characteristics of master therapists (Jennings & Skovholt, 1999). Previous research has demonstrated that therapists utilize a variety of resources when making ethical decisions, including professional codes of conduct and their own values. The current study's analysis of 10 master therapists' interviews resulted in the identification of nine ethical values related to their clinical practice: (a) relational connection, (b) autonomy, (c) beneficence, (d) nonmaleficence, (e) competence, (f) humility, (g) professional growth, (h) openness to complexity and ambiguity, and (i) self-awareness. Conducting oneself ethically is a critical task of the competent therapist (American Psychological Association, 2002). Making the best ethical decisions can be extremely challenging for most therapists due to the multitude of complex ethical situations that arise in practice. The goal of this study is to examine the ethical values of therapists considered to be "the best of the best" by their professional colleagues. It is hoped that such an examination will help to illuminate the ethical values that these master therapists seem to draw upon in their work.

Sign in / Sign up

Export Citation Format

Share Document