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The Code Of Ethics

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Perhaps history's most famous nurse, Florence Nightingale, gave her name to the earliest version of today's Code of Ethics back in 1893, when a "Nightingale Pledge" was established. In 1926, The American Journal of Nursing published a provisional code, although it wasn't formally accepted by the American Nursing Association until over 30 years later, in 1960.

Since then, the Code of Ethics has been revised and amended several times, although the underlying principles have remained the same. Nurses are still expected to perform their duties with integrity, and do the best job they can. As most people know, their job is difficult to begin with. A nurse is not only a caregiver; he or she is expected to have a wide range of other assets too, such as tact, patience and the ability to communicate.

If you are a nurse, you may not be tested on the Code and you won't be expected to commit it to memory, but you will need to be familiar with its basic concepts. You may be required to attend seminars on the principles of the Code and perhaps review actual cases, particularly ones in which a difficult or ethical decision was reached.

Due to the fact that the Code also changes, and is amended to from time to time, nurses need to keep up with any updates as well. Arguably, the duties of a nurse have become even more challenging over recent years, due to such things as cost-conscious hospitals, a shortage of nurses in some areas and more complex medical treatments.

Most of us know what ethics are, as we make ethical decisions in our everyday lives. Ethics is actually a branch of philosophy - the word ethics comes from the Greek word ethos which means habitual usage, custom, conduct and character. Put another way, ethics are the guidelines which guide an individual or group in their everyday behavior.

Nurses perhaps know this more than anyone. Each day, nurses are faced with making life and death decisions, sometimes with no more than a few seconds to decide. Although nurses have the necessary authority and skills required to make independent decisions about a particular patient or situation, they are still responsible to the profession in general.

The first three provisions of the Code are perhaps the most important. They cover such basics as the nurse's commitment to the patient, respect for human dignity and ensuring the privacy of every patient. Nurses can put these principles into practice every day by doing things such as explaining procedures fully, ensuring privacy and ensuring they have a patient's full consent.

The Code of Ethics is also closely linked with patients' rights and a section addresses this often touchy subject. A comprehensive bill of rights is a surprisingly recent concept. A Patients Bill of Rights was not enacted until 1973 by the American Hospital Association and was revised in 1992. By law, a patient must be informed of their rights upon being admitted to a hospital.

The Code of Ethics often conflicts with patients' rights, for example, a patient may refuse treatment or discharge themselves against the better judgment of the nurse. In this case, a nurse must respect the wishes of the patient even though it may go against some of the principles of the Code of Ethics. The Code states that a nurse may never act to deliberately end a person's life, although they should attempt to alleviate a patient's suffering even if this causes death

Frequently, a person may have a set of religious or cultural beliefs which leads them to make decisions about their health that many of us would consider unhealthy or dangerous. The Code also addresses the question of funding for medical research and states that a nurse can choose not to participate in such research if they consider it to be unethical.

To some degree, the Code of Ethics also means that nurses must take responsibility not only for their own actions, but for the actions of other nurses too; the Code states that a nurse must take action if he or she observes others acting in an, "incompetent, unethical, illegal or impaired" manner. A nurse is also expected and encouraged to report such behavior, which is not always an easy thing to do.

Many hospitals actually have ethics committees or even an ethicist on the staff. He or she may be called upon in cases where a life or death decision has to be made, a decision that most of us would care to make. Not surprisingly, often the question of ethics arises in those situations in which it is being considered to cease life support and allow a terminally ill patient to die.

The Code Of Ethics

In a business sense, ethics are a system of moral principles or rules of conduct. Attorneys, paralegals, and legal assistants or secretaries have codes of ethics within the legal field. A paralegal should maintain a high degree of professionalism while performing her work. That high degree of professionalism is ensured when she manages her work duties while following a particular code of ethics.

Which ethics affect a paralegal career is best explained by reviewing the Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement, which was adopted in May 1993 by the National Federal of Paralegal Associations, Inc.

Section 1 of the Model Code sets forth disciplinary rules and ethical considerations for paralegals.

Section 1.1 A Paralegal Shall Achieve and Maintain a High Level of Competence.

A paralegal's competence continues to grow by education, training and on-the-job experience. The Model Code states that a paralegal should participate in a minimum of twelve hours of CLE (continuing legal education) every two years. This is an excellent way for legal assistants to stay updated on changes to laws. Her continued training should include at least one hour of ethics education. A paralegal should remain current on changes so she can help clients to the best of her ability.

Section 1.2 A Paralegal Shall Maintain a High Level of Personal and Professional Integrity.

This section deals with a paralegal's conduct regarding work matters. Paralegals should not discuss cases with court personnel in an attempt to exert influence over a ruling. They may not talk about cases to people who are represented by an attorney without that attorney's consent.

This section also deals with a paralegal's billing practices. It says basically that a legal assistant will be honest and accurate in time and expense reporting. By the way, not only is fraudulent billing unethical, it's a crime. Some of these points are no-brainers but need to be set out nonetheless.

Any cash or money accounts handled by a paralegal through his work should be reported honestly.

Section 1.3 A Paralegal Shall Maintain a High Standard of Professional Conduct.

A paralegal's conduct will be appropriate, as if he is in front of a court. He shall not engage in violence or be dishonest. He will not interfere in the administration of justice. A legal assistant won't abuse the powers of a professional position or public office.

Section 1.4 A Paralegal Shall Serve the Public Interest by Contributing to the Improvement of the Legal System and Delivery of Quality Legal Services, including Pro Bono Publico Services.

One way a paralegal can help his community is by volunteering to serve on committees which improve local legal services.

Section 1.5 A Paralegal Shall Preserve All Confidential Information Provided by the Client or Acquired From Other Sources Before, During and After the Course of the Professional Relationship.

I believe this section is the most important one for a paralegal to understand and heed. A paralegal must not discuss any confidential information about a client or case with anyone other than her boss or the client himself. What is confidential information? Why bother trying to dissect it, just don't talk about it.

It is a paralegal's responsibility to tell her boss anything she has learned about the case to assist in his representation.

Note that this section specifically states "before, during, and after the course of the professional relationship." A paralegal should not discuss a case with others even when it is concluded.

Section 1.6 A Paralegal shall Avoid Conflicts of Interest and Shall Disclose any Possible Conflict to the Employer or Client, as Well as to the Prospective Employers or Clients.

If a paralegal may have a conflict of interest in working on a case, she should inform her boss. An example of a possible conflict of interest is if the paralegal was previously employed by a law firm representing an opposing party in the same case. It is probably best that she not work on that case for her current employer at all. When it has been established that a conflict of interest is present, everyone needs to be aware of the situation and cooperate in adequately protecting the client's interests as well as the paralegal herself by not discussing the case around her and routing paperwork well away from her.

Section 1.7 A Paralegal's Title Shall Be Fully Disclosed.

A paralegal should include her title on all correspondence, business cards, formal letterhead, pamphlets or any other form of written communication. For example, her signature would read:

Sincerely,

Laura McDonald

Paralegal

This eliminates any possible confusion over what her position is. Some people may assume she is an attorney, and expect or demand more from her than her position allows. This could create major problems, and brings us to our next ethical issue.

Section 1.8 A Paralegal Shall Not Engage in the Unauthorized Practice of Law.

The best rule of thumb to follow is: paralegals may not give legal advice. Check with your local jurisdiction on any possible variances, but basically it means leaving the legal advice giving to the attorneys.

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About Author

Both Grant Eckert & Laura Mcdonald are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Grant Eckert has sinced written about articles on various topics from Home Security, Depression Cure and Mortgage. . Grant Eckert's top article generates over 90500 views. to your Favourites.

Laura Mcdonald has sinced written about articles on various topics from Paralegal Legal Assistant, Careers and Job Hunting and Divorce and Infidelity. . Laura Mcdonald's top article generates over 18100 views. to your Favourites.

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