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PAT PARKER CASE

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This case analysis discusses the legal and ethical risks and ramifications of the decisions faced by opposition research political consultant Pat Parker ("Parker").

Political consultants operate in a highly regulated industry, political campaigns, yet their own activities are almost entirely unregulated. Parker needs to consider whether by selling the research report of his firm, Pat Parker & Associates, on the record of former Republican candidate for the office of Attorney General in Florida, Terry Paine ("Paine"), to the State Academy of Trial Lawyers (the "Trial Lawyers") or to the others such as the Florida Democratic Party, he runs any risk under state campaign financing law, federal copyright law or state contract law. Assuming those legal risks are manageable, what ethical concerns are posed by any of these proposed transactions? What ethical or moral duties does he owe to his former client, the Dale Jackson for Attorney General Campaign ("Jackson Campaign"), the people of Florida or the political process generally? Which, if any, of those ethical obligations would he breach by entering into the proposed transactions? How would the analysis differ depending on the type of ethical standards employed, utilitarian, deontological or communitarian?

a. Relevant facts. The case stipulates that under Florida law it was a misdemeanor for anyone to, directly or indirectly, to make a contribu

. . .
he line, into outright fraud unless Parker makes very clear to everyone involved that he is in effect selling the same merchandise twice to essentially the same party. According to Sabato, such practices are not all that uncommon: "It happens all too often a consultant will, with only minor additions and deletions, pass off earlier research or survey work as new material, conducted specifically for the current client who consequently pays a full fee for second hand data." (Larry J. Sabato, The Rise of Political Consultants 308 (1981). 2. ETHICAL ANALYSIS a. Key Ethical Issues. What ethical or moral duties does Parker owe to his former client, the Jackson Campaign (or the Democratic Party generally)? What broader obligations does Parker have to the people of Florida or the political process generally? Which, if any, of those obligations would Parker breach by entering into the transactions contemplated? How would the analysis differ depending on the type of ethical standards employed, utilitarian, deontological or communitarian? b. Evidence. By entering into the proposed contract with the Trial Lawyers, who are the allies of the Republican Party, Parker is considering switching his allegiance, turning his back on his former
. . .

Some common words found in the essay are:
Jackson Campaign, Democratic Party, Louis Brandeis, Michael Huffington, Trial Lawyers, Paine Parker, County California, Campaigns Elections, Copyright Act, WD Okl, political consultants, trial lawyers, jackson campaign, research report, democratic party, research reports, post cards, political process, political consultant, negative advertising, research report paine, 19 campaigns elections, 17 usc sec, usc sec 201, 54 aug 1998,
Approximate Word count = 3856
Approximate Pages = 15 (250 words per page)

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