Case 24. Avoidance of Personal Gain

Last Updated: July 11, 2016

Situation

Hook, Line, and Sinker, a prominent law firm, hires Christina Benning as a consultant in jury selection for the upcoming trial of a wealthy businessman accused of murdering his wife. Dr. Benning constructs a model for predicting decision-making injuries. The businessman is acquitted despite overwhelming evidence of guilt. Because of the trial’s potent publicity and startling outcome, Dr. Benning is offered an advance of five million dollars from a major commercial press to expose her role in the defense’s strategy for the case.

Questions

  1. Should Dr. Benning accept the offer?

Discussion

Several issues are germaine here: (1) She used privileged material received in the confidentiality of the consultant-client relationship. (2) She does not have authorization to use this information. (3) It is not public information. In conclusion, she is obliged to turn down the lucrative offer.