Running head: RESEARCH PROPOSAL: ETHICS IN THE LAW PROFESSION

Research Proposal: Ethics in the Law Profession

Tierra Bradford
Hampton University
Feb 26, 2015

Ethics in the Law Profession

Research Proposal: Ethics in the Law Profession

Introduction
Problem
In particular, does ones career have a huge impact on personal development, specifically in
regards to individual ethics? There is also inquiry in what makes that possible. What is it about
the field of law that would allow the mindset of an individual to proceed in a seemingly
negative direction? There is need for a study that will answer whether a career can affect the
well-being and ethical character of an individual.
Background Information
The purpose of the proposed study is to investigate the practice of law and its effect on the ethics
of those who practice law. The researchers will investigate whether the ethics that an individual
practices, before they enter the law profession, is altered by their career. This all stems from the
stereotype that Attorneys tend to be liars, cold hearted, and aggressive. People believe that
attorneys are not very ethical and will do anything to win a case or receive money. Sometimes
there is truth to stereotypes and this is ideal has spawned research to discover the truth. The
researchers will find out what exactly is causing lawyers to behave in an unethical manor. Also,
does the law profession cause unethical behavior or are individuals already capable of unethical
behavior before they practice law?
Literature Review
How is it that one determines if ethics are predetermined before entering the law
profession? In the article, Lawyer Know Thyself, Review Empirical Research Attorney
Attributes Bearing Professionalism, Daicoff(1997) states how through empirical research and
observation, it is found that lawyers differ in decision making approaches, personality

Ethics in the Law Profession

characteristics, and values from the general public. Also, there are consistent preexisting traits
that are characteristic of people who choose law school (Daicoff, 1997). Daicoff(1997)
concluded that there are inherent attributes that have caused a tripartite crisis in the law
profession, which includes the decline in professionalism, the plummet of public opinion for
attorneys and the legal profession, and lawyer dissatisfaction and dysfunction. People who
choose the law profession tend to be less interested in emotional concerns and feelings of others.
They may be more subordinate but do not exhibit great psychological distress. Some motives to
join law school may include interest in subject matter, a desire for intellectual stimulation,
money and prestige, and public services (Daicoff, 1997). However, the motives that may indicate
the values of some pre law students may be intellectual achievement, status, and materialism.
Public Service is more so a value of women than men. According to Daicoff (1997), evidence
suggests that humanistic, people-oriented individuals do not do well, either psychologically or
academically, in law school or in the legal profession. Law students and lawyers lean toward
rights and justice, logic, thought, and rationality. They do not tend to concern themselves with
human feelings and emotion. This idea is pioneer research in this subject matter. Daicoff (1997)
goes on to discuss how the actual process of law school and the profession simply magnify
characteristics or ethical views of students and does not really change the essence of the
individual. However, other research tends to lean towards the effects of law school and the law
profession on the Ethics of the individual.
Researchers find that legal education impairs the maintenance of emotional well-being in
law students (Benjamin, Kaszniak, Sales, & Shanfield, 2006). The researchers used four selfreporting instruments, in which, the participants were shown to have psychopathological
symptoms that matched those of the normal population before law school (Benjamin, Kaszniak,

Ethics in the Law Profession

Sales, & Shanfield, 2006). However, after law school the students had significant elevation in
psychopathological symptoms, such as, depression, anxiety, hostility, phobic anxiety, paranoid
ideation, and psychoticism (Benjamin, Kaszniak, Sales, & Shanfield, 2006). This suggests two
things. One is that not the content, but the external factors of law school cause what might be a
change in ethics (Benjamin, Kaszniak, Sales, & Shanfield, 2006). The students are often under a
lot of pressure, as well as sleep deprived, living in poverty, or maybe even famished. The
students are not taught to cope and will result to self-medication. These types of conditions
might not only cause psychological symptoms that were dormant to become active, but it also
might cause symptoms to develop period. Secondly, there is a possibility that psychopathology
may affect how lawyers practice (Benjamin, Kaszniak, Sales, & Shanfield, 2006). More
specifically for the purpose of this proposal, psychopathological symptoms may affect the ethics
of the lawyers, when they are at work. In another instance, Leignal, Schuester, Hoertel, Poulain,
&Limosin (2014) found that 52% of lawyers expressed psychological distress. This study used
self-reporting methods as well. It was also found around 12 % of lawyers admit to the misuse of
alcohol (Leignel, Schuester, Hoertel, Poulain, & Limosin, 2014). These numbers are higher than
national averages. It again shows that there could be a relation between law, mental health, and
ethical behavior. It may in fact play a role in the Ethics that lawyers practice on a daily basis.
Especially if the Mental Health of lawyers is changing after entering law school.
Other researchers have also found that legal education has a corrosive effect on wellbeing, values, and motivation of students (Sheldon & Krieger, 2007). At graduation, the students
would have values and motivations that would stick with them throughout their career.
Depending on what had taken place during their years at law school. After following students
through law school in a three year study, the researchers found that students expressed declining

Ethics in the Law Profession

psychological need satisfaction due to the controlling and insensitive manner of the faculty and
school environment (Sheldon & Krieger, 2007). The lack of autonomy the students felt caused
psychological distress and depression (Sheldon & Krieger, 2007). This led to a lack of
motivation and positivity by the students (Sheldon & Krieger, 2007). What if that state of these
students was leading to a change in the ethics of the students? Their values would be becoming
less important, as the values of their professors and the legal profession would be becoming more
important.
But before more research can be done on whether the ethic of lawyers changes, there
should be some discussion of the ethics that lawyers are practicing, their actual ethics code, and
what is perceived as ethical or unethical. The law profession actually does have its own code of
ethics. The American Bar Association has model rules that lawyers can choose to follow, but
lawyers have to follow the code of ethics of the state they practice in. Based on the New York
Lawyers Code of Professional Responsibilities, several ethical behaviors are expected from
lawyers. In reference to New Yorks code, the drive or incentive to follow the code is respect and
confidence (School, 2013). There are three key things that the code addresses canons, ethical
considerations, and disciplinary rules (School, 2013). Canons are statements of axiomatic
norms or the standards of professional conduct expected of lawyers in their relationships with
the public, with the legal system, and with the legal profession (School, 2013). They are the
general concepts that the ethical considerations and the disciplinary rules come from. The ethical
considerations are aspirational in character. They represent the objectives that each member
should strive towards (School, 2013). That is what members should go to for guidance in many
specific situations. Lastly, the disciplinary rules include the minimum the lawyer can fall without
having to have disciplinary action taken.

Ethics in the Law Profession

The law profession doesnt have good self-regulation (Barnhizer, 2012). There are
reasons that lawyers behave the way they do without consideration of the code of ethics. In
actuality, lawyers put on a persona that they follow idealized principles when in reality they do
what they want. They try to keep a low profile and seem nonthreatening. They do for their
institutions and stay on their bosss good side in order to receive rewards. Lawyers seek the
opportunity to gain the rewards of service to the system and avoid penalties of challenging
power. Lawyers arent held accountable for their actions and they never let outsiders know the
real system. (Barnhizer, 2012) This version of the code of ethics shows what is possibly learned
by students of law and individuals who are new to the profession. It is possible that individuals
may have this kind of reaction to guidelines in general, and are always finding loopholes.
However, based on this article, written by a lawyer, this seems to be the general consensus for
those practicing law. This information shows that there is room for unethical behavior. One may
even call it a nurturing environment for unethical behavior in a professional setting.
Another part of being a lawyer is confidentiality, keeping secrets, or not having to
disclose the truth. Many lawyers use this to justify their actions (Fischel, 1998). Confidentiality
can lead to stress put on the body from constantly having to withhold information. One wonders
if this privilege is not only used by lawyers in their field of work, but outside of the office as
well. It becomes a habit and common knowledge. Lawyers ethics are misunderstood and society
paints the profession negatively when they shouldnt (Freedman & Smith, 2010). There is no
guilt had by Lawyers, because many lawyers are passionate and seek to help others. Many
lawyers are morally convicted and have personal gratification with what they do. Much of the
lying and truth bending that they do is only perceived as so to the outside world (Freedman &
Smith, 2010). The law profession is not without moral responsibilities to clients and people in

Ethics in the Law Profession

general (Freedman & Smith, 2010). Therefore, the pull for unethical behavior could be
unconscious. The way in which lawyers see the world is out of their control.
Perry (2009) discusses how Lawyers make their decisions when it comes to instances that
may be in gray areas. This study was done through self-report on lawyers who were specifically
in the health profession. The study found that Lawyers tend to consider other factors when they
dont necessarily have a guideline to follow. They may include desires to comply with
established law and/or applicable provisions of the Rules of Professional Responsibility (Perry,
2009). Other factors may include Self-concept and the interests of the clients (Perry, 2009).
Apparently, approaches to moral decision making were influenced selectively by the level of
importance that participants attach to religious observance and involvement (Perry, 2009). This
study indicates that when the answer is right in front of them, an individual may choose to resort
back to values and morals they had developed previously.
Other things that may need to be considered are ethics on and off the clock, as well as,
how the ethics of lawyers is perceived by others. Pipes, Holstein, and Aguirre (2005) examine
that the ethics code that people follow in their prospective professions only discusses their
behaviors that deal with work or affect work. They do not include personal ethics, the code
should include guidelines for personal ethics. The standards should be different. Regardless,
Pipes, Holstein, and Aguirre (2005) make a point in conveying how an individuals personal
ethics may not change, but they may follow a different code at work. Does that count as the
changing of ethics overall?
Society views lawyers, or at least some lawyers as being unethical (Hartnett & Secord,
1985). Participants in the study made it clear that in order to win, they would have to have an
unethical lawyer. Ethical lawyers or those who followed the rules had less of a chance of

Ethics in the Law Profession

winning. This just goes to show that people infer that lawyers are unethical and regardless of
whether individuals had certain values before law school or developed them during, the outcome
is an unethical person.
Theoretical Framework
The proposed study will be guided by the Theory of Behaviorism which states that peoples
actions are determined by social, cultural, economic circumstances, personal background, genetic
factors, and other factors that influence the individual over which they have no control
(Campbell University, 2014). In particular, the law student environment causes unethical
behavior by those in the law profession. This is because law school causes a decline in mental
health which causes the students to behave unethically. At least, this is what is proposed. Maybe
the unethical behavior of those in the law profession is out of their control.
Terms and Concepts
Ethics are the moral principles that govern a persons behavior. When discussing Morality and
Ethics, the research is focused on the individuals willingness to lie, deceive, take into account
other peoples feelings and treat people with utmost respect. The more an individual is capable of
such actions, the more negative their ethics are perceived to be.
Mental Health is the level of psychological wellbeing in an individual. When the research
references Mental Health that is referring to stress, depression, mood swings and etc.
Research Question

Ethics in the Law Profession

Are the ethics that lawyers follow developed before a lawyer enters law school or does the
decline in mental health positively correlate with lawyers development of ethics that they
follow?
Hypothesis
If lawyers endured a decline in mental health during law school or during the tenure in their
profession, then the lawyer will begin to practice unethical behavior.
Expectations of the Study
The research from the study will show that not all Attorneys have a decline in Ethics. Some of
the participants may have had negative ethical practices before entering law school. The research
will also show that the stresses and demands of law school will have affected the mental health
of some of the participants, in turn, causing them to behave in a more unethical manor. That
being said, the actual act of practicing law will not be the cause of a change in behavior, but the
environment, in which, the participants are learning and practicing law will be the cause of any
change in ethical behavior.
Methodology
Participants
Due to the lack of access there is to individuals in law firms. The research will be conducted
using law students. There will be fifty. The law students will come from a mid-size law school on
the east coast. The participants will be collected through heavy advertisement at the college.
Advertising will be directed towards all genders, races, and ages, as long as they are students.
This will increase variety.

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Procedure
The procedure will include self-report through interview. The reason that the research includes
interviews and not surveys is so the researchers can get a deeper understanding of the mental
health of the participants. In the first round of interviews, researchers will ask questions about
the ethics and values the law students had up until their last year of undergraduate school. The
second round of interviews will be conducted by counselors who will decipher if a decline in
mental health took place during law school. Lastly, in the third round of interviews, researchers
will interview on ethical behaviors of the present day. Ethical behavior will be based on honesty.
Unethical behavior is equal to dishonesty, for the purpose of this study.
The interview is strategically broken up into three rounds in order to avoid participants
answering questions strategically. The questions in the first round of interviews will be derived
by the values and characteristics believed to be had by students who want to go into the law
profession. The second round of interviews will be conducted like a counseling session, in
which, the counselors will be required to hit key topic points that will allow them to form an idea
of the mental state of the law students. Lastly, the third round of interviews will include
questions about their practice of law and questions that mirror the questions from the first
session. The interviews shall take place in a weeks time, depending on the speed of the
counselors and interviewers. As an incentive the students will be paid a stipend of 50 dollars
after each interview. If they complete every step they will be rewarded 150 dollars by the end of
the research.

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Materials
There will be 10 certified counselors conducting the interviews, in order to decrease the time it
will take to conduct the interview. A study room in the college library will be where the
interviews will be conducted. There will be recorders for each interviewee. Lastly, questions will
need to be developed for the interviews.

Data Analysis
For the sake of analysis the variables will include a facet of law school, a decline in mental
health, and unethical behavior. The independent variable will be decline in mental health and the
dependent variable will be unethical behavior. The analysis will include seeking Qualitative Data
through the use of SPSS. The interviews will be analyzed through a process of coding and the
data will be transcribed. The coding will be done manually. The researchers will look for phrases
or common themes indicating symptoms of depression, anxiety, or stress. They will also look for
phrases indicating dishonesty or practices where the end justifies the means. The researchers will
look at the response, proceed with initial coding, and then focused coding.
Discussion
Implications
The funding of this study will definitely add to the Cognitive Psychological Approach that
researchers take to conducting research. The possible effect of occupation on ethics due to the
decline in mental health can be frightening. If this is happening in the law profession, then it may
be going on in other professions as well. If it is, it is important to make the public aware of this

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situation. This is because people should be able to take everything into consideration when
choosing their career.
For many years people have had a negative opinion when it comes to the law profession.
Whether it was the lawyers or the profession in general, there was already a stereotype about it.
Lawyers in particular are deemed liars. Because they do not have to tell the whole truth in order
to serve their client. In reality, lawyers are practicing confidentiality and using the argumentative
skills they learned in skill to create the best outcome for their client. But it seems to be that the
reputation of lawyers have come from generations of people who have not been very lucky in
course. Even some of the research, it was found that even if people think a lawyer is unethical,
they will pick them if it means they will when their case. What these people do not know is that
their lawyer maybe be suffering though anxiety or depression that they have acquired through the
law profession, and they are more susceptible to unethical behavior.
The proposed study seeks to investigate whether an individuals ethics changes over time.
Therefore, the interview questions are to reflect components of Ethics or Values that individuals
might have, and the answers from the first round of interviewing should be compared to the
answers from the second round of interviewing. The researchers are hoping to find those who
have a decline in mental health and proceed to act unethically.
If the hypothesis is correct then it shows that law students and people in the law
profession should be receiving psychological help. It is being reflected in their work. In law
school, especially, administration should reach out to the students and be considerate of their
wellbeing. Maybe there is a way to teach law without causing damage to the students psyche.
Also, maybe firms should require lawyers to go through consecutive counseling. It doesnt have
to be once a year, it could be an annual checkup. People in the law profession should be made

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aware. Also, if lawyers are conducting their cases unethically that could potentially cause
problems for whoever they are working for. They consequences could range from monetary, to
bad press, to jail time.
Limitations
There are several limitations to this study. The interview questions were developed for
this study in particular. Whether or not the questions will obtain the appropriate answers for
researchers isnt necessarily guaranteed. The research includes law students, and not lawyers
working in the profession. Therefore, their decline in mental health may be because of law
school, but the students may progress towards a good mental health state once they are no longer
in law school. Lastly, because many people who attend law school are young adults and are still
developing, it is possible that some of the change and ethics and Mental Health decline may be
due to other factors outside of law school. Just to be clear, the law profession is not directly
causing unethical behavior. It is a possibility that law school nurtures a decline in mental health
that causes individuals to be more susceptible to unethical practices.
Future Research
For future research, it would also be interesting to do a perspective in which
undergraduate students will be asked questions to figure out their ethics, and their answers will
be compared to lawyers who had been in the law profession for a while. It would be another way
to decipher the before and after effects of law school and the legal education. Also, speaking with
actual lawyers would be great for researchers. Maybe a solution could be developed for the
confidentiality issue firms would have if they allowed their employees to participate.

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Also, future researchers could take a look at how Mental Health affects ethical behavior
in other professions. Are careers changing the way in which individuals conduct themselves on a
wider spectrum? Could the same thing be going on in Health and Business professions for
example? Also, does Mental Health in general affect Ethical Behavior in personal lives as well?

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Appendix A
First Round Interview Questions
1) Did you play sports when you were in High School/College? How many?
2) What else were you involved in?
3) Did you consider yourself to be competitive?
4) Did you get into trouble in High School/College? I.e. Grounded, Suspended, Sent to Principle,
Put on Probation, Jail? If so, what were some of the main reasons? If so, how often?
5) What were your grades like in High School/College?
6) What were your favorite hobbies in High School/ College?
7) Did you do any alcohol or drugs in High School/College?
8) Did you participant in any religion in High School/College?
9) What were your friends like in High School/College? What were their interests?
10) Did you like High School/College? What was your favorite part?
11) Did you lie and cheat in High School/College? If so, how often and about what?
11) Did you do any volunteer work in High School/College?
12) Describe yourself in High School/College.

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Appendix B
Second Round Interview Guidelines

What was law school like?

What were some of the general principles you learned in law school?
Do you drink or use drugs?
What did you like/dislike about law school?
Were there ever times you wanted to quit? If so why?
Did you ever feel like things were out of your control?
What were your first two years working in law like?
Did you experience stress, anxiety, or depression in law school?
Have you ever been diagnosed with any psychological behavior or disorder? If so when?
What was your mental health like in law school?

Appendix C

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Third Round Interview Questions

1) Do you play any sports or are you on any teams?
2) What else are you involved in?
3) Are there ever times when you have to break or have broken confidentiality with your
client?
4) Are you competitive?
5) Have you ever been reprimanded by your firm? If so, why and how many times?
6) Have you received any awards or recognition since youve worked here?
7) Do you ever disagree with your boss?
8) What are your favorite hobbies?
9) Do you drink or do drugs?
10) What motivates you to work?
11) What are your friends like what are their interests?
12) Do you lie and cheat often? If so how often, and about what?
13) Would you ever do a case pro bono?
14) Do you like your job? Whats your favorite part?
15) Do you do any volunteer work?
16) Describe yourself?
17) Do you think you have changed since your senior year of college?
18) Have your values changed?
19) Have your ethics changed?

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