Transcript Document
ANTI-MONEY LAUNDERING, ETHICS AND PROFESSIONAL JUDGMENT: A TEACHING EXERCISE Clark D. Cunningham, Director National Institute for Teaching Ethics and Professionalism (USA) and W. Lee Burge Professor of Law & Ethics Georgia State University [email protected] Home Page: law.gsu.edu/ccunningham Teaching Exercise Developed By Clark Cunningham Emma Oettinger, Anti-Money Laundering Policy Officer, Law Society of England & Wales Nigel Duncan, Professor of Legal Education, The City Law School, City University London Produced with the assistance of Freshfields Bruckhaus Deringer 2 The Videos Roles: – Nigel Grayson, Solicitor, partner in a small firm in Durham, played by Nigel Duncan – Emma Patrick, Client – Estate Agent in Durham, played by Emma Oettinger When: Friday, October 28 at 2:30pm Where: Solicitor’s office in Durham, England Part 1 (2:41 minutes) Part 2 (3:50 minutes) Part 3 (5:14 minutes) 3 Four Component Model of Morality (FCM) (Rest, 1983) Reasons (Predictors) Moral Blindness Faulty Reasoning Lack of Motivation & Identity Motivation Ineffectiveness Character or Competence Professional Misconduct Adapted from presentation by Dr.Muriel Bebeau to 2011 ABA Associate Deans Conference Four Component Model of Morality (FCM) (Rest, 1983) Moral Capacity (Predictors) Moral Sensitivity Operational Definition • capacity to interpret ambiguous clues in real-life settings • capacity to analyze moral issues Moral and provide justifications for Judgment decisions Moral • capacity to internalize and give Motivation & Identitypriority to professional values Motivation Moral Implementation • capacity for empathic interaction and problem solving Effective Professional Conduct For more on the FCM Cunningham & Alexander, Developing Professional Judgment: Law School Innovations in Response to the Carnegie Foundation's Critique of American Legal Education in The Ethics Project in Legal Education (Eds. Michael Robertson, Francesca Bartlett, Kieran Tranter & Lillian Corbin) (London: Routledge-Cavendish 2010) http://www.teachinglegalethics.org/content /developing-professional-judgment 6 Cunningham, "Remediation Program for Dentists Provides Data on Moral Development Important to All Professions," 76 Journal of the American College of Dentists 50 (2009): http://www.teachinglegalethics.org/content/remediationprogram-dentists Dentists referred for misconduct 14 points lower than dental students on test of moral reasoning (FCM2) When tested for understanding of “professional responsibilities of a dentist” (FCM3) – On a scale of 1-12, avg score of 3.8 Four Discussion Topics 1. Ethical Sensitivity 3. Professional Identity 2. Moral Reasoning 4. Effective Implementation