Unethical Behavior
You may be an attorney or some other professional. I was a real estate broker in Ohio for over twenty years.
I had to attend continuing education classes every three years to ensure my broker's license remained in
good standing with the Ohio Board of Realtors.
Real Estate Ethics was one of the MANDATORY classes I had to take each cycle.
Ethics is a fascinating concept. It's all about the Golden Rule.
You can do something very unethical, and in almost all cases you will not be breaking a
law.
That said, many professions can punish members who engage in unethical behavior.
Here's an example of unethical behavior.
Let's say you're in a civil dustup of some sort. A person claims you've harmed them. They call their attorney and she/he starts up the expensive bluster
machine.
That person's attorney writes you the initial huff-n-puff letter meant to scare the bejeebers out of you. The letter contains all sorts of intimidating language, and often cites the maximum fines allowed by law for your alleged offense(s).
You might get several letters as the matter escalates.
You answer back, realize you
don't have to hire an attorney to do this, denying all the claims.
You're not budging because you know you didn't do anything wrong. The person's attorney keeps raising the rhetoric attempting to get you to blink.
Then the attorney commits a huge ethical blunder in a desperate attempt to get you to cave.
She or he
THREATENS you with CRIMINAL prosecution in the most recent letter. In other words, she/he says that what you allegedly did wrong violates a criminal statute.
He then states that you might have to spend X years in prison and pay a sizeable
fine.
Keep in mind, this attorney is not a county prosecutor nor is she/he the attorney general. This attorney is just another schmuck esquire creating billable hours. By the way, in the OLD days the largest single section in the Yellow Pages phone book was attorneys! But I digress.
The attorney plays the criminal-prosecution card for one reason only. She/he
does this to GAIN AN ADVANTAGE in the civil matter.
It's meant to SCARE you into settling.
It's very unethical to do this.
Little does this attorney know, but you're aware it's unethical. You decide to report him to his state bar association. In almost all states, they will
investigate and likely force the attorney to appear before an ethics tribunal.
FAFO
(use your imagination)
CLICK HERE and see what the American Bar Association has to say about this type of slimy unethical behavior.
Should you live in a state that licenses contractors, you may be able to file a complaint with the licensing board. This action might allow you to resolve any difference you have with the contractor.
It's
key that you let the contractor know you will reach out to the licensing board if he doesn't resolve the matter.
This is called the atom bomb flyover.
When you have the atom bomb in negotiations, you always want the other party to know you have it.
Do NOT drop the bomb as you fly over!
When you drop the atom bomb, negotiations end.
Sidebar:
I've done expert witness work for over two decades. I've had the good fortune to see how the legal system works from deep on the inside.
I filed a suit in the Small Claims Court here in New Hampshire one year ago. It took eight months for a
decision to be spit out of the machine.
I won the case and the defendant sent me a check.
I won because I had excellent WRITTEN records as well as clear photographs and video. The defendant had zilch.
I share this only to let you know that you can win in small claims court if you have all your ducks in a
row.
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