ANTI-MONEY LAUNDERING, ETHICS AND PROFESSIONAL JUDGMENT: A TEACHING EXERCISE Clark D. Cunningham, Director National Institute for Teaching Ethics and Professionalism (USA) and W. Lee Burge Professor of Law & Ethics Georgia State University cdcunningham@gsu.edu Home Page: law.gsu.edu/ccunningham

Teaching Exercise Developed By Clark Cunningham Emma Oettinger, Anti-Money Laundering Policy Officer, Law Society of England & Wales Nigel Duncan, Professor of Legal Education, The City Law School, City University London Produced with the assistance of Freshfields Bruckhaus Deringer

The Videos Roles: When: Friday, October 28 at 2:30pm Nigel Grayson, Solicitor, partner in a small firm in Durham, played by Nigel Duncan Emma Patrick, Client – Estate Agent in Durham, played by Emma Oettinger When: Friday, October 28 at 2:30pm Where: Solicitor’s office in Durham, England Part 1 (2:41 minutes) Part 2 (3:50 minutes) Part 3 (5:14 minutes)

Four Component Model of Morality (FCM) (Rest, 1983) Reasons (Predictors) Moral Blindness Faulty Reasoning Lack of Motivation Ineffectiveness Character or Competence Motivation & Identity Professional Misconduct Adapted from presentation by Dr.Muriel Bebeau to 2011 ABA Associate Deans Conference 4

Effective Professional Conduct Four Component Model of Morality (FCM) (Rest, 1983) Moral Capacity (Predictors) Operational Definition Moral Sensitivity capacity to interpret ambiguous clues in real-life settings Moral Judgment capacity to analyze moral issues and provide justifications for decisions Moral Motivation capacity to internalize and give priority to professional values Moral Implementation capacity for empathic interaction and problem solving Motivation & Identity Effective Professional Conduct 5

For more on the FCM Cunningham & Alexander, Developing Professional Judgment: Law School Innovations in Response to the Carnegie Foundation's Critique of American Legal Education in The Ethics Project in Legal Education (Eds. Michael Robertson, Francesca Bartlett, Kieran Tranter & Lillian Corbin) (London: Routledge-Cavendish 2010) http://www.teachinglegalethics.org/content/developing-professional-judgment

Cunningham, "Remediation Program for Dentists Provides Data on Moral Development Important to All Professions," 76 Journal of the American College of Dentists 50 (2009): http://www.teachinglegalethics.org/content/remediation-program-dentists Dentists referred for misconduct 14 points lower than dental students on test of moral reasoning (FCM2) When tested for understanding of “professional responsibilities of a dentist” (FCM3) On a scale of 1-12, avg score of 3.8

Four Discussion Topics 1. Ethical Sensitivity 2. Moral Reasoning 3. Professional Identity 4. Effective Implementation