Role of Disciplinary in Business Law
The purpose of disciplinary is to eradicate judicial misconduct and ensure that all clients are treated fairly and impartial. Policies are always set to guide and ensure litigants maintain appropriate standards. The system is always built on the foundation of public faith, litigants are subjected to make rulings on the law. In addition, the litigates must always be competent, independent, and lawful judicial officers. The case study highlights several scenarios where the judicial misconduct was practiced. Ethical standards have been compromised by almost every individual in the case study. The various litigants and business law firms have expressed a high level of judicial miscount and need to be reprimanded for their unethical behaviors.
Judicial misconducts from the case study
Ted, a litigate partner at Dewey clearly engages in personal unethical behaviors that call for the questioning of the judicial integrations. Ted seems to have taken a romantic interest in Sara whom he finds very attractive. Ted consistently refers to Sara has ‘my little lady’ and other strange names even at their place of work. In addition, Ted arranges for Sara to star in a Dewey’s advertising campaign without following the legal recruitment procedures. However, Sara does not approve of Ted’s romantic interest but is afraid of speaking out because she does not want to upset him. Sexual misconduct within judicial staff is always against the judicial policies, and Ted clearly bridges business ethical laws (Nathan 30). Besides, Ted uses his judicial position to enhance his private romantic interest in Sara by giving her inappropriate appointment.
In addition, Sara also expresses some impunity toward the law as a litigate associate at Dewey Cheetum. Sara agrees to star in an illegal advertising campaign that aired on local television and the company’s website. In the advert, Sara holds on to a fake newspaper with headlines touting litigation victories Dewey had earned against other Sacramento law firms. Such conducts always lead to calls for ethical charges since they provide the public with false information (Nathan 24). In addition, the advert gives about the case Dewey litigated against Weeetake Pryden Arwork company. Besides, the advert does not give the full details of the case and how Dewey took half of the recovered money as contingency fee. Such ethical missteps should never be allowed and must be corrected with the judiciary. Sara is clearly depicted as unethical and must also be disciplined.
Furthermore, Dewey Cheetum has also bridged the law with its unfair ruling. The company recovers a client’s money in a settlement of a million dollar claim against Weetake’s client. However, the company despite recovering only a small portion of the money, decides to unfairly take a half of the money against the clients will and consent. Besides, Dewey also charges Sara’s clients twice the normal service fee. Dewey takes advantage of the client’s vulnerability therefore breaking trust and confidence of the client in the company (Nathan 30). Such misconducts make Dewey legible for judicial discipline. In addition, the lawsuit Dewey filed in the state court against whole cow meat supply was surrounded by irregularities and indicated a vulnerable judicial system. Slim Deal despite being on the wrong, decides to use his influence and power to alter the results of the litigation (Nathan 23). Deal needs to face charges of corruption and bribe.
Bob is also a victim of fraud in the judicial system. Sara depicts him has a habitual lairs and regrets working with him. Bob tells the judge who was presiding over their case that he needed an extension of the discovery cut-off citing reasons of having a family death case (Nathan 15). However, Bob’s intentions were to blow off the approaching case deadline which affected the outcome of the case negatively. In addition, Bob gives his old BMW and cash as bribe to Starbucks company not to sue them for judicial malpractice. Bob’s character is not acceptable in a judicial system since it deprives the innocent clients their legal rights.
Judge Oldbody also give an illegal appointment to Ted based on their personal relationship and not competence at work. Ted is appointed to be a special master in a new civil case In Oldbody’s court which will see him earn four hundred dollars per hour. The appointment is clearly based on Ted’s positive gesture towards judge Old body’s judicial campaign and the physical gift he had received on his birthday (Nathan 10). Besides, the judge agrees to leave the bench to partner with Lyes which lawful is unacceptable. Oldbody expresses a significant level of misconduct and require judicial discipline.
The law should always be obeyed despite your status in the society or a judicial system. No one is always above the law and the judicial system is always forced to enforce disciplinary action. The case study has recorded several misconducts such as improper demeanors, failure to execute judicial duties with integrity and acting in favor of personal interest. Sara, Bob, judge Oldbody and even Ted have all bridge the judicial policies are set for disciplinary action. Judicial services should always be served with a lot of ethical standards and competence.
Nathan Barrie Lawrence..”‘Ain’t Misbehaving’: Judicial Conduct and Misconduct.” Amicus Curiae, vol 2, no. 1, 2020, pp. 8-37.