BSBCMM501: Alan Is A Solicitor Who Works In The Legal Department Of An Insurance Company: Develop And Nurture Relationships Assignment, VU, Australia

University Victoria University [VU]
Subject BSBCMM501: Develop And Nurture Relationships

Scenario 1

Alan is a solicitor who works in the legal department of an insurance company. Paperwork on a recent claim shows that a serious motor vehicle accident was caused by a lady who, at the time, was an inpatient at the Princess Alexandra Psychiatric Unit. This lady was admitted to the hospital after a psychotic episode at a local shopping center.

The day of the accident she walked out of the hospital heavily sedated, went home, and drove her vehicle into a parked vehicle causing a huge amount of damage. Fortunately, no one was seriously hurt and the lady was readmitted to the hospital for further treatment, stabilized and later discharged.

There were issues about whether the insurance was voided and these were being litigated by the legal department. This case was a little unusual, but nothing would usually make Alan uncomfortable about it until he is suddenly struck by the lady’s (defendant’s) unusual last name.

Upon checking her employment information realizes she is one of his daughter’s pre-school teachers. Alan becomes distressed and uncomfortable immediately. What should he do? The pre-school may well know of the teacher’s psychiatric history, but should parents? Does this mean she may hurt children? Alan’s head is spinning – he wants to ring his wife immediately.

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Q1. Alan’s daughter seems very happy in her pre-school and he cannot violate client confidentiality by asking the school about the teacher’s mental illness, but he is not comfortable with a potentially unstable person in a position of influence and supervision over his 4 years old daughter.

a) How can Alan reconcile these issues in an ethical manner?

b) What can Alan do and do not in the circumstances?

c) Identify appropriate course/s of action that Alan could now take.

Scenario 2

Michelle had several friends including Renee and Daniel. Renee has recently met and started dating a wonderful man named Roger. Daniel has met Roger but Michelle has not as yet met Roger. Daniel thinks Roger is a great bloke so Michelle is really happy for Renee after hearing Daniel’s opinion. Renee is convinced this is a long-term relationship. Unknown to Renee, Michelle observed them at a restaurant in the city several days ago and realised Roger is her managing partner at the legal firm she works for. Roger is married and has a family.

Michelle is deciding whether to tell Renee that Roger is married when she receives a call from the managing partner Mr. Roger Smith. Mr. Smith asks Michelle to maintain the utmost discretion in this situation, as he has worked out the connection with Renee because Renee talked constantly about her great friends Michelle and Daniel.

To whom does Michelle owe an obligation in this situation? No matter what she does it is a drama for her. Michelle has been placed in a terrible position by Mr. Roger Smith, but cannot afford to lose the job that she loves. Michelle doesn’t want Renee to get hurt, she knows she would want to know if the situation was reversed. Can Michelle seek help from Daniel in any capacity? Alternatively, does she remain silent and hope her knowledge is never discovered?

Q. 2 What should Michelle do in these circumstances?

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