Re: CHP Code of Ethics

[sillsj@GAT.COM (Judd Sills)]

None of the below choices are appropriate.  Whether we like it or not, response
in this matter cannot be a choice based upon compensation.  The testimony
that we offer has to based upon the truth as we know it and as we best under-
stand it.  Our time is perhaps quite valuable, but I just can't see anything 
that is
ethical about entering into a legal battle willingly where we are compensated 
according to the outcome.  Think about the jury and their time.  Do you want to
start compensating juries better by allowing the bidding battle based upon trial
outcome??? I wouldn't want to have to face that system.  Frankly, I think 
that as
CHPs, we must avoid making part of our business that of "offering professional
testimony."  If we are subpoenaed, fine, then we should testify according to our
own professional and technical skills, but otherwise, stay out of the courts 
if we
are not otherwise involved with the legal case.  For example, a CHP is bound to
represent his/her employer when they are sued or are suing, and in that 
situation
we should offer testimony as part of our obligation to that 
employer...However, that
employer has to realize that if we are to act ethically, we will answer any 
and all
questions from counsel on both sides of the case honestly, and according to the
best understanding we have.  This has always been my belief, but I guess that is
why I make sure that I always work to protect my employers from legal questions
by advising them in advance of situations that could later have legal 
ramifications
regardless of whether any real harm to another is involved or not.
______________________________________________________
>          "As a well-known CHP, you are frequently called to serve as an 
>          expert witnness in radiation litigation cases.   An attorney for 
>          a plaintiff contacts you and asks for your assistance as an 
>          expert witness.  The agreement proposed is that contingent on a 
>          favorable verdict you would receive 10% of all monies awarded to 
>          the plaintiff.  Which of the following responses is appropriate:
>          
>          a.   Refuse the offer because it is in violation of the Standards 
>          for Professional Conduct for CHPs
>          b.   Refuse and counter offer for an amount equal to half of the 
>          attorney's contingency fee
>          c.   Accept the offer - it's a fair deal
>          d.   Refuse the offer because it is unethical and counter to 
>          accept the work for an hourly rate or fixed fee."
>          
>          Based on your reading of the Standards for Professional Conduct 
>          are any of these four responses unethical?
>          
>          George J. Vargo
>          gj_vargo@pnl.gov
>
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J. M. Sills                                                                  
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General Atomics, Room 14-152                              Fax:(619)455-3181
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San Diego, CA  92121