Ethical Dilemma in The Firm

This assignment discusses the ethical dilemma faced by Mitch McDeere, the protagonist of John Grisham's novel The Firm. Despite violating attorney-client privilege and sharing confidential information with the FBI, Mitch's actions are justified as they led to the exposure of the firm's illegal activities. The assignment references various sources, including academic papers and books, that explore moral development and reality, as well as critical management studies and stakeholder theory.

Ethics for Lawyer

Table of Contents
INTRODUCTION...........................................................................................................................1
QUESTION 1...................................................................................................................................1
Moral framework does Mitch McDeere, frames practice of law................................................1
QUESTION 2...................................................................................................................................3
Personal views over the moral practice framework of Mitch McDgree with regards to
contemporary legal practices.......................................................................................................3
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Ethics for lawyer is defined as the cods of conduct and code of ethics established the
principle and the rules of conduct that attorney shall follow at all the times into fulfil their
professional responsibilities. This is also required to preserve the dignity and respect of their
legal profession. In the present report the professional conducts under the law practice is
discussed and fro this the fictional characters of Mitch McDrgee from the book The Firm is
taken. A detailed analysis of his moral frame over practise of law is done and personal views are
presented over the framework of his work in context of contemporary legal practice.
QUESTION 1
Moral framework does Mitch McDeere, frames practice of law
Mitch McDeere as main character of The Firm as in entire movie he faced personal
ethical issues like drinking on job, business ethical issues and balancing work life demands.
Every decision by Mitch is directly evaluated and acted through different stage of moral
development. In this aspect, various business ethics issues were raised in The Firm as with
perspective of Mitch McDeere, was pressurised to select cooperating with investigation of FBI,
acting in best interests of mob and the firm and breaking confidentiality of attorney-client
privilege along with whistle-blowing activities within firm1. With perspective of law firm, the
associate attorneys and partners operated unethically. The financial documents were altered
routinely, accepted money illegal and overcharged clients for purpose of legal work and operated
with mob for covering murders of attorney tried for leaving the firm. Apart from multiple
business ethics issues, the three major dilemmas are decision of Mitch that he would help FBI
and collecting information related to firm, complying with firm's culture and Mob with uphold of
oath as a particular attorney.
Earlier in his career, he understood risk of losing job, wife's life being threatened
becomes more hesitant for helping FBI. As per Kohlberg's fourth stage of development, Mitch
acted and by obeying public institutionalised law with belief that each one is equally obligated
for obeying law. According to whistle-blower law, one must involve in illegal business practices
for purpose of sufficient information related to prosecution. Moreover, he acted as per the law
1 Gibbs, J. C. (2019). Moral development and reality: Beyond the theories of Kohlberg,
Hoffman, and Haidt. Oxford University Press.
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and had belief that firm was liable for committed crimes. After assessing personal risk of
reporting firm, as per Kohleberg second stage related to development. The Kohelberg theory is
of moral development here one maintains social order and people begin for considering whole
society for judgement. It lays emphasis on maintaining law and order through multiple rules,
respecting authority and performing one's duty2.
Mitch offered documents and mailed invoices with inflated billable hours to clients,
lesser federal offense but punishable under law. According to utilitarianists, it was ethical for
whistle blowing and offering documents to FBI related to firm's offense. With the process of
interview there was presence of distinct culture within the firm and employees appeared to be a
close-knit unit with trust of high level and respect for ever other person. The one who entered
firm passed bar exam were compensated at high level and never left the firm. It was finally
informed by Department of Justice that the firm extracts bright law school graduates and coerces
situation that could be later be implicated as blackmail, bug their home and wiretap their phone
line with effort to gain undying loyalty and trust prior to firm revealing the firm has strong links
to Chicago Mob and involves in broad variety of illegal business practices. Mitch is following
strict act deontological line of thinking which accords logical priority to specific judgements,
instead of rules or principles as these moral systems are featured through focus on strict
adherence to independent moral duties and rules.
In particular deontological system, rules, duties along with obligations are identified
through agreed upon code of ethics and defined within a formal religion. Being moral is matter
of obeying rules laid out through religion. It claims for deriving general principles of morality
through most fundamental and basic normative principles. Rather than uncovering falsified
invoices to clients would be turn over to FBI. This problem had been resolved by reporting every
wrongdoings about aware of FBI and ceasing illegal activity with possibilities. After passing bar
exam, an oath has been undertaken for upholding position with the highest standard and
confidentiality is maintained with attorney clients privileges. After accepting the position of
associate attorney, confidentiality is breached3. On the contrary, it was all done with help of
2 Zhang, Q. (2018). Research on Kohlberg’s Theory and Practice in China. Open Access
Library Journal. 5(08). 1.
3 Greenwood, M., & Mir, R. (2018). Critical Management Studies and Stakeholder Theory:
Possibilities for a Critical Stakeholder Theory.
2

brother, wife and whistle-blower assistant as no instance led firm to cease illegal business with
mob along with other inappropriate along with unethical behaviour.
Henceforth, through Mitch sharing information with others and breaking oath,
demonstrated impartially to those directly impacted through decisions. It is noted through sixth
stage of Kohlberg of moral development as oath was broken for his own principles which are self
chosen. This decision must have been directly resolved by absence of sharing information related
to Chicago Mob for anyone they were directly engaged in reporting particular crime to federal
government. It is an alignment with utilitariast point of view along with Kohlberg's fourth stage
of moral development, where what is ethical and dictated by law.
Overall this reflected Kohlberg's stages along with different ethical frameworks in
practical setting. This is clearly demonstrated with processes of ethical decision making and how
one derives to take their decision4. It has been demonstrated about toxic power along with
authority could be to groups, individuals and society. The Bendini, Lambert and Locke
intentionally coerced new employees for purpose of gaining loyalty along with the firm's
continued devotion. It had been performed by hoping that individuals would not report this to
government and investigators. The acts of exploitation only harm to general public where
Chicago mob was directly empowered their money laundering and drug dealing. The Bendini,
Lambert & Locke continued for offshoring money and corrupting the young lawyers especially
bright and best graduating lawyers were forced into unethical, immoral lifestyle along with
different illegal acts. These actions will serve for performing greater harm in the future as they
were not ceased and reported5. With reference to this activity, it is apparent about significant and
dangerous whistle blowing. Thus, average citizen might belief that crime generally happens on
streets. The film had shown wrongdoing everywhere and moral framework done by Mitch
McDerre as practice of laws.
4 Papke, D. R. (2019). Mastering the Contradictions: John Grisham’s The Rooster
Bar. Marquette Law School Legal Studies Paper, (19-04).
5 Depretto, L. (2018). The Newsroom: Ou Don Quichotte journaliste. Presses universitaires
François-Rabelais.
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QUESTION 2
Personal views over the moral practice framework of Mitch Meere with regards to contemporary
legal practices
The moral and ethical conduct under a profession can be defined as to hold the dignity of
the profession as well as the moral perspective of one self. To not to fool the rules of conduct
during the practice. The moral and ethical dilemmas faced by the character Mitch Mcbook
throughout his work practices as attorney in the law firm Bendini, Lambert, & Locke was to take
the decision over helping FBI to gather information against the Firm, complying with the culture
of the firm and the mob and lastly upholding the oath of attorney and client privilege.
Mitch triumph over the forces of evil was affected by the reason, knowledge and ethical
behaviour. Mitch adopted an attitude that he is answerable to his self conscience and refused to
get intimidated by higher authority in the form of either his employer or the FBI. As the
character of Mitch showed in the book it is clear that morality is contingent upon the social
context. I it can be stated that what is acceptable to contemporary legal practices one generation
can not be accepted by the next generation 6. The practice and action of Mitch to help FBI in
catching the Mafia and the firm which operated cover their illegal operation, can not be held as a
good professional practice for the current time scenario. As far as the present times is concerned
the code of practised for the solicitor of lawyers includes:
 Upholding the rule of law and proper administration of justice
 Act with integrity
 Not allowing the integrity to be compromised
 Act in the best interest of the client
 Providing proper standard of services to the client
 To behave in such a way that maintains the trust in the public places in provision of legal
services
 Complying with legal and regulatory obligations
 To operate and conduct such practices which encourages equality of opportunity and
respect for diversity
6 The Anthropomorphization of Law. 2018. [Online]. Available through
:<http://www.d.umn.edu/~scastleb/Sample%20Experiential%20%20Ethics%20Papers/
Movie%20(The%20Firm).pdf>.
4

 Protection of the client money and assets.
All the above stated are the current requirement under the legal practices which were not
upheld by Mitch in his practices in order to catch the mafias and the firm. Mitch handed over all
the details of the Mob which was client of the firms and broke the oath of the attorney client
privilege. He indulges in activities of making video tapes and collecting the files as evidences
against the client as well for the firm in which he was working to give the same to FBI so they
can catch the offender indulged in illegal activities.
As per the contemporary legal practice a solicitor of law practitioner is required to act in
the best interest of the clients and Mitch acted just opposite as he revealed all the personal
information and the activities the Mob was indulged in7. Though the action of Mob was illegal
and ethical wring but what Mitch did was driven by his own moral and ethical perspective and he
led down all the legal ethical a lawyer should have practices in his profession. Moreover, he did
not take any action to save the money of his client and the firm he was wrong with. On the
contrary he took every action he could to obtain proof against them in order to prove them guilty
in front the FBI.
Mitch was approached by FBI to collected evidence against the solicitor firm and the
mob who was a client of the firm and Mitch let his professional conduct down and upheld his
personal ethical and moral view over his profession. As a result of their conduct it was depicted
that he must have left the practice for turning in the mafia in front of FBI. Though he had acted
under his professional conduct and did not let the FBI and his personal instinct to overrule the
Ethical conduct of a lawyer he would have practices in the same way. Under his professional
conduct he could have acted in such a way without ruining the ethical and moral profession
conduct, though which he could expose the illegal action of the mob and the firm.
This can be stated that though the actions of Mitch in the book at that time would have
understood to be morally and ethically right as per the social norms. But as per the contemporary
legal practise his actions was just below the line and he did not act in accordance with the ethical
code of professional conduct and led down the attorney and client privilege.
7 The Firm. 2018. [Online]. Available through
:<https://books.google.com.au/books/about/The_Firm.html?
id=LOmrO03ioesC&printsec=frontcover&source=kp_read_button&redir_esc=y#v=onepa
ge&q=mitch&f=false>.
5

CONCLUSION
Form the above report is can be concluded that the action taken by Mitch McBook was
not in consistence with the current legal practices. As Mitch gave preference to his personal
moral and ethical perspective rather than the professional conduct. But it can not be held
completely wrong as what he did was ethically correct for the society as he helped the FBI in
catching the mob and stopping the illegal practices of Bendini, Lambert, & Locke. Tuogh in his
conduct he belw out all the ethical and moral conducts of a law profession of non upholding the
of clients and attorney privilege and shared the internal files and information of the firms with
FBI.
6

REFERENCES
Books and Journals
Gibbs, J. C. (2019). Moral development and reality: Beyond the theories of Kohlberg, Hoffman,
and Haidt. Oxford University Press.
Papke, D. R. (2019). Mastering the Contradictions: John Grisham’s The Rooster Bar. Marquette
Law School Legal Studies Paper, (19-04).
Depretto, L. (2018). The Newsroom: Ou Don Quichotte journaliste. Presses universitaires
François-Rabelais.
Zhang, Q. (2018). Research on Kohlberg’s Theory and Practice in China. Open Access Library
Journal. 5(08). 1.
Greenwood, M., & Mir, R. (2018). Critical Management Studies and Stakeholder Theory:
Possibilities for a Critical Stakeholder Theory.
Online
The Anthropomorphization of Law. 2018. [Online]. Available through
:<http://www.d.umn.edu/~scastleb/Sample%20Experiential%20%20Ethics%20Papers/
Movie%20(The%20Firm).pdf>.
The Firm. 2018. [Online]. Available through
:<https://books.google.com.au/books/about/The_Firm.html?
id=LOmrO03ioesC&printsec=frontcover&source=kp_read_button&redir_esc=y#v=onepa
ge&q=mitch&f=false>.
7