Exploring Lawyer Misconduct: An Examination of the Self-Regulation Process

Although white-collar professionals are often held in high esteem, sometimes persons in privileged positions engage in misconduct. Unfortunately, very little is known about the correlates associated with professional misconduct and even less is known about the sanctioning process among lawyers who are licensed by state bar associations and therefore subject to the bar rules regulating their professional conduct. We examine 213 complaints filed in one fiscal year with the Florida Bar, alleging attorney misconduct and evaluate the factors that influence whether the complaint continued through, or was discarded at, each stage of the self-regulated grievance process. Using selection models that examine both the staff’s decision to send a case forward to the grievance committee as well as the grievance committee’s recommendation about sanctioning the lawyer, results show that both legal and extra-legal variables are related to these two processes.     

Discrimination of a low‐status outgroup: the role of ingroup threat

In the present study it was predicted that a threat to the ingroup by a high‐status outgroup would lead its members to increase the level of derogation of a lower‐status outgroup. Two experimental groups of psychologists were informed about the opinions (positive or negative) allegedly held by medical doctors regarding clinical psychologists whereas participants in the control condition did not receive any feedback. Later, all participants were asked to judge psychologists, social workers (low‐status outgroup), and medical doctors along professional and personality dimensions. As predicted, compared to participants in the positive feedback and in the control conditions, negative feedback participants increased derogation toward social workers but not toward medical doctors along the professional traits relevant to the feedback. Results are interpreted in the context of Downward Comparison Theory (Wills, 1981 ). Copyright © 2002 John Wiley & Sons, Ltd.     

Accepting Fallibility: A Model for Personal Responsibility for Nonegregious Ethics Infractions

The profession's ethics standards require counselors to self‐monitor their professional actions and take responsibility for misconduct. However, the professional literature has focused on preventing misconduct and on response to serious violations and has offered little guidance regarding the minor infractions that all professionals are vulnerable to committing during their careers. The author presents a 4‐element model to guide counselors in ethically repairing damage when they recognize they have violated ethics codes or ethical principles in minor ways. The model uses the ethical principles that underlie the American Counseling Association's (1995) Code of Ethics and Standards of Practice and J. R. Rest's (1983, 1994) model of moral behavior as a foundation.     

Exploring the Why of Psychologist Misconduct and Malpractice: A Thematic Analysis of Court Decision Documents

Objective: To identify reasons for misconduct and misconduct amongst Australian psychologists. Method: During the 5‐year period from 2008 to 2013, 42 psychologists across 41 cases were found guilty of misconduct and malpractice by civil and administrative courts across Australia. The court decision documents were analysed using Braun and Clarke’s ( 2006 ) qualitative methodology to explore themes relating to the court’s objective, the psychologist’s subjective, and the authors’ interpretive causal reasons transgressing psychologists engaged in misconduct and malpractice. Results: Explanations given by psychologists for misconduct and malpractice behaviours included the use and abuse of legal and illicit substances, addiction behaviours, and impairment due to mental disorder or unresolved trauma. A number of other reasons identified by the courts and by the authors from the evidence cited in the published court decision documents are also discussed. Possible contributing factors for why misconduct and malpractice behaviours occurred coalesced into three themes: the externalisation of responsibility for personal actions and behaviours, a lack of objectivity concerning why such behaviours occurred, and an inability to understand how personal circumstance affected the provision of ethical services to clients. Conclusion: (a) The complexity of situations and scenarios surrounding psychologist malpractice can be simplified for the benefit of designing interventions by applying Glass’ ( 2003 ) concept of the “slippery slope.” (b) Court records have benefit as detailed data, but could be augmented for greater value with a simple and easily completed additional coversheet of background and demographic data.     

The Australian Psychology Workforce 3: A national profile of psychologists in salaried employment or in independent private practice

A detailed analysis of the different sectors of the psychology workforce was conducted as part of the National Psychology Workforce Survey: Independent Private Practice (IPP), Employed in Public Sector (EPuS) and Employed in Private Sector (EPrS). A total of 11,897 psychologists responded to the workforce survey, a response rate of 48%. Of these 8,086 were fully registered and currently working in a psychology role. Sectors were compared on a range of practice characteristics and differences were explored using a series of ANOVAs and post‐hoc analyses. Results of analyses revealed qualitative differences between the three sectors. Strategies for maintaining the employed workforce were also collected and are reported to be as much about increasing work satisfaction and support for professional and development opportunities as about salary.     

Reflections on becoming a psychologist: Professional development experiences of students in a South African psychology graduate program

This study sought to describe student psychologists’ experiences of their professional preparation activities in which they used reflective journals. The students (n =7; female = 71%, black = 86%) were enrolled in a masters training program in the clinical and the counselling psychology programmes at a reputable University in South Africa. Over a period of the ten months of their first academic year, they completed reflective journals on aspects of their professional practice preparation. The reflective journals were thematically analysed to depict how the students framed their experiences. Findings yielded four themes that defined the students’ emerging professional identities: positive feelings about the profession, commitment to high standards of practice, concerns about high work loading, and a sense of learning community. Reflective practice capabilities appear important for early professional identity development from pre-service psychology practice education.     

Report of the ACA Ethics Committee: 1994–1995

This report contains data about ethical complaints and inquiries processed by the Ethics Committee in 1994–1995. The number of complaints was substantially lower than the preceding year and there were also changes in the nature of the complaints. Most common standards called under this year's complaints had to do with dual relationships, meeting personal needs at the expense of the client, failure to terminate a counseling relationship if unable to be of assistance to the client, and violation of the responsibility to meet high ethical standards in various professional settings. This report also includes a discussion of the findings, information about the approval of the new Code of Ethics and Standards of Practice, and educational efforts undertaken by the committee.     

The Assessment of Post‐traumatic Stress Disorder for Workers' Compensation in Emergency Service Personnel

There is considerable debate concerning the diagnosis of post‐traumatic stress disorder (PTSD) in compensation claims. This study reviewed the quality of the assessment reports prepared by clinicians who evaluated 31 emergency service workers making PTSD‐related compensation claims. Assessments were conducted by 4‐year trained psychologists (39%), psychologists holding a masters degree (36%), and psychiatrists (19%). The assessment reports were evaluated relative to the diagnostic criteria for PTSD in the Diagnostic and Statistical Manual of Mental Disorders 4th edition (2000). In the majority of cases (81%), the assessor determined that the emergency service worker had PTSD, but only one report met the minimum standard for that diagnosis. In the majority (65%) of cases the clinician failed to address the possibility of malingering. These data suggest that clinical assessment reports for PTSD frequently fail to meet minimum assessment standards.     

Rejection sensitivity,complaint‐related communication,and relational satisfaction: A mediation analysis

This study examines the links among rejection sensitivity (RS), communication about complaints, and relational satisfaction in intimate relationships. A total of 260 individuals completed an online survey through Amazon Mechanical Turk. RS was positively associated with complaint avoidance and negatively associated with positive politeness and negative politeness when voicing complaints. Furthermore, RS had indirect associations with relational satisfaction, partially mediated through complaint avoidance and positive politeness. The results of this study suggest that communicating complaints openly to one's partner, in concert with positive politeness (i.e., affirming the partner while voicing complaints), may help serve as a buffer against relational dissatisfaction associated with RS.     

Report writing: Legislative,ethical, and professional challenges

Report writing continues to be one of the most serious and underestimated problem areas facing school psychologists. Current guidelines have not been generally responsive to changes in professional practice stemming from recent legal and legislative mandates, changing professional roles, and contemporary theory and practice. This article reviews various approaches to assessment and their potential influence on psychological report writing. A contemporary approach to report writing is then discussed.     

Crime news in newspapers: A case study in Tamil Nadu,India

As part of a large‐scale study of juvenile delinquency and public perceptions and attitudes regarding youthful misconduct in India, two English‐ and one Tamil‐language newspapers in Tamil Nadu, India were content analyzed for the extent of their crime‐news coverage. The data demonstrate that crime‐news coverage resembles the pattern found in countries like the United States. Crime news was a staple, albeit a small portion, of the newspapers’ space, closer to the lower percentages in Western newspapers. But unlike Western newspapers, the focus is on the illegal conduct of public officials and public‐disorder events, such as riots and demonstrations. Personal‐crime coverage tends to receive less attention in Indian newspapers than it does in the United States. To some extent, as in the Western world, the Indian newspapers present a mediated image of crime in that although property crimes are the most frequent offenses recorded in official statistics, they do not receive the most coverage.     

Scholars’ preferred solutions for research misconduct: results from a survey of faculty members at America’s top 100 research universities

Research misconduct is harmful because it threatens public health and public safety, and also undermines public confidence in science. Efforts to eradicate ongoing and prevent future misconduct are numerous and varied, yet the question of “what works” remains largely unanswered. To shed light on this issue, this study used data from both mail and online surveys administered to a stratified random sample of tenured and tenure-track faculty members (N = 613) in the social, natural, and applied sciences at America’s top 100 research universities. Participants were asked to gauge the effectiveness of various intervention strategies: formal sanctions (professional and legal), informal sanctions (peers), prevention efforts (ethics and professional training), and reducing the pressures associated with working in research-intensive units. Results indicated that (1) formal sanctions received the highest level of support, (2) female scholars and researchers working in the applied sciences favored formal sanctions, and (3) a nontrivial portion of the sample supported an integrated approach that combined elements of different strategies. A key takeaway for university administrators is that a multifaceted approach to dealing with the problem of research misconduct, which prominently features enhanced formal sanctions, will be met with the support of university faculty.     

The competent community: Toward a vital reformulation of professional ethics

Psychologists are ethically obligated to ensure their own competence. When problems of professional competence occur, psychologists must take appropriate steps to regain competence while protecting those they serve. Yet conceptualizations of the competence obligation are thoroughly intertwined with Western ideals of individualism and a model of the person as self-contained, self-controlled, and perpetually rational. Research in health care, education, and multicultural and social psychology raise serious doubts about psychologists' capacity for consistently accurate self-assessments of competence. To address this problem, the authors advocate that education, training, professional ethics standards, and credentialing criteria be infused with a robust communitarian ethos and a culturally pervasive ethic of care. The authors propose a shift in discourse about competence to incorporate both competent individuals and competent communities. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

Scientific societies and whistleblowers: the relationship between the community and the individual

Formalizing shared ethical standards is an activity of scientific societies designed to achieve a collective goal of promoting ethical conduct. A scientist who is faced with the choice of becoming a “whistleblower” by exposing misconduct does so in the context of these ethical standards. Examination of ethics policies of scientific societies which are members of the Council of Scientific Society Presidents (CSSP) shows a breadth of purpose and scope in these policies. Among the CSSP member societies, some ethics policies chiefly present the ethical culture of the community in an educational context and do not have enforcement procedures. Other policies are more comprehensive and include standards for certification, procedures for addressing ethical issues, and established sanctions. Of the 36 member societies of CSSP that have developed a code or adopted a code of another professional society, 18 specifically identified a responsibility to expose ethical misconduct, demonstrating an acknowledgment of the possible critical role of the whistleblower in addressing ethical issues. Scientific societies may revise their ethics codes based upon experience gained in addressing cases of ethical misconduct. In most cases, the action of a whistleblower is the initial step in addressing an ethics violation; the whistleblower may either be in the position of an observer or a victim, such as in the case of someone who discovers that his or her own work has been plagiarized. The ethics committee of a scientific society is one of several possible outlets through which the whistleblower can voice a complaint or concern. Ethical violations can include falsification, fabrication, plagiarism and other authorship disputes, conflict of interest and other serious violations. Commonly, some of these violations may involve publication in the scientific literature. Thus addressing ethical issues may be intertwined with a scientific society’s role in the dissemination of new scientific results. For a journal published by a scientific society, the editor can refer at some point to the ethics committee of the society. Whereas, in the case of a journal published by a commercial publisher, the editor may be without direct support of the associated scientific community in handling the case. The association of a journal with a scientific society may thus direct a whistleblower towards addressing the issue within the scientific community rather than involving the press or talking to colleagues who may gossip. A formal procedure for handling ethics cases may also discourage false accusers. Another advantage of handling complaints through ethics committees is that decisions to contact home institutions or funding agencies can be made by the ethics committee and are not the responsibility of the whistleblower or the editor of the journal. The general assessment is that the establishment of ethics policies, especially policies covering publication in society journals, will promote a culture supportive of whistleblowers and discouraging to false accusers. An earlier version of this paper was presented at the symposium entitled “Damned If You Do, Damned If You Don’t: What the Scientific Community Can Do About Whistleblowing” held during the Annual Meeting of the American Association for the Advancement of Science, Seattle, Washington, 15 February, 1997.     

Confronting misconduct in science in the 1980s and 1990s: What has and has not been accomplished?

In 1985, after nearly a decade of inconclusive professional response to public concern about misconduct in research, Congress passed legislation requiring action. Subsequent to this legislation, federal agencies and research universities adopted policies for responding to allegations of misconduct in research. Conferences, sessions at professional meetings, and special publications were organized. New educational initiatives were begun, many in response to a 1989 National Institutes of Health/ Alcohol, Drug Abuse, and Mental Health Administration requirement to include ethics instruction in training grants. Notwithstanding a few key unresolved issues, such as the lack of a uniform federal definition of misconduct in research, the years since 1985 have witnessed a marked change in the professional response to misconduct in research. This paper evaluates the change since 1985 from the perspective of three key goals: 1) confronting misconduct, 2) promoting integrity and 3) ensuring integrity. While significant progress has been made in achieving the first two goals, the third remains largely unaddressed. The latter is due to the fact that researchers have not been interested in studying the integrity of their own profession. It is therefore suggested that studies are needed of routine or normal research practices and their impact on integrity for use in making decisions about research conduct policy. An earlier version of this paper was presented at the symposium entitled “Misconduct in Science: A Decade of Progress or Merely Years of Controversy” held during the Annual Meeting of the American Association for the Advancement of Science, Philadelphia, Pennsylvania, 13 February, 1998.     

Sexual Contact During and After the Professional Relationship: Attitudes and Practices of Male Counselors

The authors of this article surveyed a national sample of male counselors and educators (N = 366) on both attitudes toward and participation in sexual misconduct with clients, students, and students under supervision. Although relatively few respondents (1.7%) reported having engaged in sexual misconduct with clients during a professional relationship, the prevalence rate increased to 17% when the definition of sexual misconduct was expanded to include (a) students and students under supervision and (b) occurrences of sexual misconduct after the professional relationship. Respondents who indicated that erotic sexual conduct may not constitute professional misconduct were more likely to report having engaged in such behavior.     

The ethical confrontation of the unethical forensic colleague

In the course of clinical and forensic work, psychologists sometimes discover serious weaknesses in knowledge, performance, or ethics in other psychologists' work. The ethical code of the American Psychological Association mandates confronting such a psychologist prior to making a professional complaint. This mandatory confrontation typically is omitted because of a sense of awkwardness or a fear of insulting the other psychologist. Education and training in psychology does not cover this sensitive and important area. In this article, sample templates of letters are provided to meet that ethical requirement and to begin to resolve problem behaviors by colleagues.