Code of Conduct

Commitment to ethical professional conduct is expected of every member (voting members, associate members, and student members) of the Attorneys’ Real Estate Council of Broward County, Inc. (AREC).

This Code, consisting of 24 imperatives formulated as statements of personal responsibility, identifies the elements of such a commitment. It contains many, but not all, issues legal professionals are likely to face. Section 1 outlines fundamental ethical considerations, while Section 2 addresses additional, more specific considerations of professional conduct. Statements in Section 3 pertain more specifically to individuals who have a leadership role, whether in the workplace or in a volunteer capacity such as with organizations like AREC. Principles involving compliance with this Code are given in Section 4.

The Code is not a replacement for the requirements of the Florida Bar, but are additional requirements that AREC members should abide by.

It is understood that some words and phrases in a code of ethics are subject to varying interpretations, and that any ethical principle may conflict with other ethical principles in specific situations. Questions related to ethical conflicts can best be answered by thoughtful consideration of fundamental principles, rather than reliance on detailed regulations.

1. GENERAL MORAL IMPERATIVES.

As an AREC member I will ….

1.1 Contribute to society and human well-being.

This principle concerning the quality of life of all people affirms an obligation to protect fundamental human rights and to respect the diversity of all cultures. An essential aim of legal professionals is to minimize negative consequences of legal systems, including threats to health and safety. When designing or implementing systems, legal professionals must attempt to ensure that the products of their efforts will be used in socially responsible ways, will meet social needs, and will avoid harmful effects to health and welfare.

In addition to a safe social environment, human well-being includes a safe natural environment. Therefore, legal professionals who design and develop systems must be alert to, and make others aware of, any potential damage to the local or global environment.

1.2 Avoid harm to others.

“Harm” means injury or negative consequences.

Well-intended actions, including those that accomplish assigned duties, may lead to harm unexpectedly. In such an event the responsible person or persons are obligated to undo or mitigate the negative consequences as much as possible. One way to avoid unintentional harm is to carefully consider potential impacts on all those affected by decisions made during design and implementation.

1.3 Be honest and trustworthy.

Honesty is an essential component of trust. Without trust an organization cannot function effectively. The honest legal professional will not make deliberately false or deceptive claims.

A legal professional has a duty to be honest about his or her own qualifications, and about any circumstances that might lead to conflicts of interest.

Membership in volunteer organizations such as AREC may at times place individuals in situations where their statements or actions could be interpreted as carrying the “weight” of a larger group of professionals. An AREC member will exercise care to not misrepresent AREC or positions and policies of AREC..

1.4 Be fair and not to discriminate.

The values of equality, tolerance, respect for others, and the principles of equal justice govern this imperative. Discrimination on the basis of race, sex, religion, age, disability, national origin, or other such factors is an explicit violation of AREC policy and will not be tolerated.

Inequities between different groups of people may result from the use or misuse of information and technology. In a fair society, all individuals would have equal opportunity to participate in, or benefit from, the use of legal resources regardless of race, sex, religion, age, disability, national origin or other such similar factors. However, these ideals do not justify unauthorized use of legal resources nor do they provide an adequate basis for violation of any other ethical imperatives of this code.

1.5 Honor property rights including copyrights and patent.

Violation of copyrights, patents, trade secrets and the terms of license agreements is prohibited by law in most circumstances. Even when software is not so protected, such violations are contrary to professional behavior. Copies of software should be made only with proper authorization. Unauthorized duplication of materials must not be condoned.

1.6 Give proper credit for intellectual property.

Legal professionals are obligated to protect the integrity of intellectual property. Specifically, one must not take credit for other’s ideas or work, even in cases where the work has not been explicitly protected by copyright, patent, etc.

1.7 Respect the privacy of others.

Legal and communication technology enables the collection and exchange of personal information on a scale unprecedented in the history of civilization. Thus, there is increased potential for violating the privacy of individuals and groups. It is the responsibility of professionals to maintain the privacy and integrity of data describing individuals. This includes taking precautions to ensure the accuracy of data, as well as protecting it from unauthorized access or accidental disclosure to inappropriate individuals. Furthermore, procedures must be established to allow individuals to review their records and correct inaccuracies.

This imperative implies that only the necessary amount of personal information be collected in a system, that retention and disposal periods for that information be clearly defined and enforced, and that personal information gathered for a specific purpose not be used for other purposes without consent of the individual(s). These principles apply to electronic communications, including electronic mail, and prohibit procedures that capture or monitor electronic user data, including messages, without the permission of users or bona fide authorization related to system operation and maintenance. User data observed during the normal duties of system operation and maintenance must be treated with strictest confidentiality, except in cases where it is evidence for the violation of law, organizational regulations, or this Code. In these cases, the nature or contents of that information must be disclosed only to proper authorities.

1.8 Honor confidentiality.

The principle of honesty extends to issues of confidentiality of information whenever one has made an explicit promise to honor confidentiality or, implicitly, when private information not directly related to the performance of one’s duties becomes available. The ethical concern is to respect all obligations of confidentiality to employers, clients, and users unless discharged from such obligations by requirements of the law or other principles of this Code.

2. MORE SPECIFIC PROFESSIONAL RESPONSIBILITIES.

As an AREC legal professional I will ….

2.1 Strive to achieve the highest quality, effectiveness and dignity in both the process and products of professional work.

Excellence is perhaps the most important obligation of a professional. The legal professional must strive to achieve quality and to be cognizant of the serious negative consequences that may result from poor quality in a system.

2.2 Acquire and maintain professional competence.

Excellence depends on individuals who take responsibility for acquiring and maintaining professional competence. A professional must participate in setting standards for appropriate levels of competence and strive to achieve those standards. Upgrading technical knowledge and competence can be achieved in several ways: doing independent study; attending seminars, conferences, or courses; and being involved in professional organizations.

2.3 Know and respect existing laws pertaining to professional work.

AREC members must obey existing local, state, province, national, and international laws unless there is a compelling ethical basis not to do so. Policies and procedures of the organizations in which one participates must also be obeyed. But compliance must be balanced with the recognition that sometimes-existing laws and rules may be immoral or inappropriate and, therefore, must be challenged. Violation of a law or regulation may be ethical when that law or rule has inadequate moral basis or when it conflicts with another law judged to be more important. If one decides to violate a law or rule because it is viewed as unethical, or for any other reason, one must fully accept responsibility for one’s actions and for the consequences.

2.4 Accept and provide appropriate professional review.

Quality professional work, especially in the legal profession, depends on professional reviewing and critiquing. Whenever appropriate, individual members should seek and utilize peer review as well as provide critical review of the work of others.

2.5 Give comprehensive and thorough evaluations of legal systems and their impacts, including analysis of possible risks.

Legal professionals must strive to be perceptive, thorough, and objective when evaluating, recommending, and presenting system descriptions and alternatives. Legal professionals are in a position of special trust, and therefore have a special responsibility to provide objective, credible evaluations to employers, clients, users, and the public. When providing evaluations the professional must also identify any relevant conflicts of interest, as stated in imperative 1.3.

As noted in the discussion of principle 1.2 on avoiding harm, any signs of danger from systems must be reported to those who have opportunity and/or responsibility to resolve them. See the guidelines for imperative 1.2 for more details concerning harm, including the reporting of professional violations.

2.6 Honor contracts, agreements, and assigned responsibilities.

Honoring one’s commitments is a matter of integrity and honesty. For the legal professional this includes ensuring that system elements perform as intended. Also, when one contracts for work with another party, one has an obligation to keep that party properly informed about progress toward completing that work.

A legal professional has a responsibility to request a change in any assignment that he or she feels cannot be completed as defined. Only after serious consideration and with full disclosure of risks and concerns to the employer or client, should one accept the assignment. The major underlying principle here is the obligation to accept personal accountability for professional work. On some occasions other ethical principles may take greater priority.

A judgment that a specific assignment should not be performed may not be accepted. Having clearly identified one’s concerns and reasons for that judgment, but failing to procure a change in that assignment, one may yet be obligated, by contract or by law, to proceed as directed. The legal professional’s ethical judgment should be the final guide in deciding whether or not to proceed. Regardless of the decision, one must accept the responsibility for the consequences.

However, performing assignments “against one’s own judgment” does not relieve the professional of responsibility for any negative consequences.

2.7 Improve public understanding of legal and its consequences.

Legal professionals have a responsibility to share technical knowledge with the public by encouraging understanding of legal, including the impacts of legal systems and their limitations. This imperative implies an obligation to counter any false views related to legal.

2.8 Access legal and communication resources only when authorized to do so.

Theft or destruction of tangible and electronic property is prohibited by imperative 1.2 – “Avoid harm to others.” Trespassing and unauthorized use of a legal or communication system is addressed by this imperative. Trespassing includes accessing communication networks and legal systems, or accounts and/or files associated with those systems, without explicit authorization to do so. Individuals and organizations have the right to restrict access to their systems so long as they do not violate the discrimination principle (see 1.4). No one should enter or use another’s legal system, software, or data files without permission. One must always have appropriate approval before using system resources, including communication ports, file space, other system peripherals, and legal time.

ORGANIZATIONAL LEADERSHIP IMPERATIVES.

3.1 Articulate social responsibilities of members of an organizational unit and encourage full acceptance of those responsibilities.

Because organizations of all kinds have impacts on the public, they must accept responsibilities to society. Organizational procedures and attitudes oriented toward quality and the welfare of society will reduce harm to members of the public, thereby serving public interest and fulfilling social responsibility. Therefore, organizational leaders must encourage full participation in meeting social responsibilities as well as quality performance.

3.2 Manage personnel and resources to design and build information systems that enhance the quality of working life.

Organizational leaders are responsible for ensuring that legal systems enhance, not degrade, the quality of working life. When implementing a legal system, organizations must consider the personal and professional development, physical safety, and human dignity of all workers. Appropriate human-legal ergonomic standards should be considered in system design and in the workplace.

3.3 Acknowledge and support proper and authorized uses of an organization’s legal and communication resources.

Because legal systems can become tools to harm as well as to benefit an organization, the leadership has the responsibility to clearly define appropriate and inappropriate uses of organizational legal resources. While the number and scope of such rules should be minimal, they should be fully enforced when established.

3.4 Ensure that users and those who will be affected by a system have their needs clearly articulated during the assessment and design of requirements; later the system must be validated to meet requirements.

Current system users, potential users and other persons whose lives may be affected by a system must have their needs assessed and incorporated in the statement of requirements. System validation should ensure compliance with those requirements.

3.5 Articulate and support policies that protect the dignity of users and others affected by a legal system.

Designing or implementing systems that deliberately or inadvertently demean individuals or groups is ethically unacceptable. Legal professionals who are in decision making positions should verify that systems are designed and implemented to protect personal privacy and enhance personal dignity.

3.6 Create opportunities for members of the organization to learn the principles and limitations of legal systems.

This complements the imperative on public understanding (2.7). Educational opportunities are essential to facilitate optimal participation of all organizational members. Opportunities must be available to all members to help them improve their knowledge and skills in legal, including courses that familiarize them with the consequences and limitations of particular types of systems. In particular, professionals must be made aware of the dangers of building systems around oversimplified models, the improbability of anticipating and designing for every possible operating condition, and other issues related to the complexity of this profession.

3. COMPLIANCE WITH THE CODE.

As an AREC member I will….

4.1 Uphold and promote the principles of this Code.

The future of the legal profession depends on both technical and ethical excellence. Not only is it important for AREC legal professionals to adhere to the principles expressed in this Code, each member should encourage and support adherence by other members.

4.2 Treat violations of this code as inconsistent with membership in the AREC.

Adherence of professionals to a code of ethics is largely a voluntary matter. However, if a member does not follow this code by engaging in gross misconduct, membership in AREC may be terminated