WHO'S RESPONSIBLE?14I am a young attorney working in San
Francisco for the law frm of Cornwall, Williams, and Wallace. Upon
joining the firm, I was assigned to work with one of our new
clients, a building contractor in the Bay Area. One of my primary
responsibilities was to ensure that safety certificates and other
compliance documents were obtained for new buildings. My liaison at
the fim actually dealt with the city safery inspecrors, but my job
was to make sure everyrhing was in order" before occupancy could
begin. During a briefing at the law frm about my work, the senior
partner assigned to this account pointed out howeasily this
contractor seemed to get these certificates compared to our other
clients, who usually had to contend with delays and red tape. He
speculated that there might be payoffs involved. Of particular
concern was a new office building that was ready for occupancy in
record time. This 10-story building, perched on one of the city’s
many hill, was built as a medical center where doctors and dentists
could see their patients.I was troubled, so I raised the issue with
my contact at the firm. Once he felt comfortable that
atorney-client privilege was in efect, he admited that there was a
"cozy relationship" between the contractor and several of the
city's building inspectors. They were being paid off to "look the
other way" and to expeditiously approve new buildings even if
substandard material was somerimes used. I asked about the new
medical building, and he affrmed that not all the construction
material conformed to the building code standards. I pressed him
for more specific information, but he refused to elaborate. As our
meeting came to an end, he tried to ofer me some reassurance: Don'
worry--we've put up commercial building all over this city and none
of them have cver collapsed!" After this meeting, I returned to my
office at the law fir m. I was not sure what to do about thís
revelation. I didn't want to be mixed up in some elaborate bribery
scheme.Should I ask for a new asignmene Should I rake steps to
inform ciry auchorte bour the illicit activities of this company? I
brought these matters up with the senior partner, but he seemed
inured to such corporate wrongdoing and was much less concerned
than I was. He reminded me that we had a duty to respct
confidentiality and that we were bound by the ABA code of
profesional responsibility.15 He was also somewhat upset that I had
pursued this marter. "You should have stayed out of it, he
exclaimed. “The les we know about these things, the beter."I was
then instructed to keep working for this client on several new
projects until the partners could figure our how to proced.Four
months later, much to my great dismay, there was a terrible fre at
the new medical building. Three people trapped on one of the top
floors werekilled in the blaze, and several frefighters were
seriously injured. It appears that the clectrhçal wiring was
inferiorand not in compliance with the city's building code
standards. There was a major scandal, and the contractor along with
fve city inspectors were quickly indicted on several criminal
charges. Civil suits are sure to follow. But nothing happened to me
or to anyone else at Corn wall. Rather, I am now assigned to the
tea m defending the contractor in these criminal proceedings, so I
must begin to colect evidence and prepare for the
upcomingdepositions.Despite the apparent co mplacency of my
colleagues, I can't seem to shake off the guilt I feel over this
tragic incident. I could have probably done something about this
contractor's corrupt payoffs, but I chose not to do so. Do I bear
some of the responsibility for what's happened? I can't help but
wonder what the vicrims'families would think abouc my lack of
action. Maybe I'm just not cut out to be a lawyer.
QUESTION 1
How does the law firm Cornwall, Williams and Wallance differ
from Zen bakery in terms of ethics?
QUESTION 2
Is the young attorney in this case competently courageous?
Discuss.
QUESTION 3
The firm's partner reminds the young lawyer to respect
confidentiality because the ABA code of professional responsibility
binds them? Do you agree? Why? Why not?
WHO'S RESPONSIBLE?14I am a young attorney working in San Francisco for the law frm of Cornwall, Williams, and Wallace. U
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