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"Ethical Conduct and the Professional's Dilemma."

By Amoroso, Henry
Publication: Mid-Atlantic Journal of Business
Date: Tuesday, June 1 1993

Banks McDowell, an attorney and professor of law at Washburn University School of Law, has written a succinct examination of the moral problems confronting professionals in their chosen careers. The specific dilemma facing these individuals concerns ethical conduct, but because Mr. McDowell considers

the professional in three ways--as advisor and provider of services, as one among peers, and as one among subordinates--we can view the effects of the dilemma as three separate problems. Of particular interest in the chapter he devotes to "Whistleblowers," a subtopic of ethics enjoying renewed attention.

The author begins by defining the dilemma--the tension between serving the client's best interests and acting in the professional's own self-interest. The latter may include one or more objectives--financial, status, or power. Drawing on his experience as an attorney and professor, Mr. McDowell uses examples from his training, but applies his incites to the problem existing in other professions as well.

He defines the term professional in several ways but chooses a formulation comprising dual requirements, possessing a special expertise outside the general population's scope of knowledge and being ethical and trustworthy in client relationships and with the public. Focusing on the relationship with the customer as the characteristic that distinguishes professions from other "trade" occupations works well in advancing Mr. McDowell's thesis. He states, "The techniques of a profession are not likely to be mastered or used effectively without the character traits that come from the commitment to service a client and the public." Recognizing that a professional may play two roles, one as advisor and the other as provider of services based on that advice, we understand well the dilemma that can develop to a greater or lesser degree. Adding external factors such a possession of expertise, membership in professional organizations, being licensed, giving formal allegiance to an ethical code, and having recognized social status provides further illumination to the meaning of the term professional and distinguishes those trade occupations that might otherwise be deemed professions, e.g., electricians, auto mechanics, or plumbers.

Further on in the book we are presented with portions of ethical codes adopted by various professions. These are examined from different angles. Do these codes recognize the dilemma posed as a problem? If so, how do the codes address the problem? What help do they provide to balance the pressures faced by professionals? Are the codes ethical injunctions or legal rules? How do such pressures differ among the professions? Mr. McDowell responds to each question he raises and considers five options by which to allay, if not eliminate altogether, the dilemmas.

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