I Kindly Refuse........

Have you ever been put into a predicament at work where your boss asks you to do something you feel is unethical?  Do you have a right to say "I kindly refuse"?  I say yes, and here are some of my reasons why.

• If your attorney is doing something unethical and this something could cost him his law license, that would ultimately mean you are out of a job, even if you are not actually participating.

• If you are certified by your state or one of the national associations, they have ethical guidelines you are to follow as well.  Break one of those and you might find your hard earned certification status gone.

• Your credibility and ethics could be called into question and could ultimately require some kind of appearance before court or before a Bar board.  You want to be able to say you did the right thing.  Having to file an affidavit with the Court of what you did right to counterattack someone's claim that you did something unethical is no fun, especially when that document becomes public record in the court file.

• Your participation in something unethical could cost you your career.

Now comes the hard question, how do I tell my boss no?  That will depend on what kind of relationship you have with your boss, what exactly you are being asked to do and how you say it.  I certainly would not suggest you just say you refuse to do it without any explanation.  Express your concerns in detail.  Could this result in your being fired?  Possibly.  However, I'd rather report to my new employer that I was fired for not agreeing to do something I felt unethical rather than I was fired for participating in something unethical or laid off because my attorney lost his license.

If you are ever in doubt or are uncomfortable with a situation and need advice, you might confidentially contact someone you trust - another attorney (inside or outside the firm) or another paralegal - for advice.

Sometimes saying no is hard, but necessary.