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ETHICS CONDUCT INTEGRITY HONESTY TRUST Acting on our By 1944, IBM built computers for Ethics the Manhattan Project with mechanical relays that could flick back and forth 50 times per second. They could add or subtract three times per second, multiply in six seconds, and divide in 15 seconds. BY DANIEL HOOGE, CHIEF BAR COUNSEL FOR THE STATE BAR OF NEVADA But mechanical parts wear over time. Engineers had to replace a faulty relay every day! That's a big problem when you They had a problem. The U.S. Constitution requires a ing the hydrogen atom. And these census every 10 years. But the population in 1890 was huge, dark, and warm machines attracted booming. Experts predicted that the census would take 13 insects. Bugs often blew the relays. That's years. The U.S. Census Bureau turned to Herman Hollerith where we get the term "computer bug." IBM eventually switched to vacuum Mathematicians had been using mechanical calculators ubes. Electricity pushed electrons through for 5,000 years. But Hollerith was the first to use electricity the tube to switch it on or off. Vacuum tubes have no moving parts and could switch thousands of times per second. But September 2022 . Nevada Lawyer He collected data on punch cards. When he inserted the cards into his machine, electrified metal pins would come down over the card. The pins passed through p vacuum tubes were basically light bulbs. holes into a vial of mercury, which completed a circuit. The completed circuit powered They broke easily. And they were big. an electric motor, which turned a gear to add one to the total. Hollerith's machine was So, scientists switched to quantum 10 times faster than manual tabulations. He completed the 1890 Census in 1892- mechanics. The physics are complex, saving the census bureau millions. Hollerith's Tabulating Machine Co. later became but silicon can both transfer and resist International Business Machines (IBM). Unfortunately, mechanical pins could only electricity. The terms "transfer" and travel through a punch card so many times per minute. "resist" became "transist." Silicon 8 transistors could switch on and off 10,000 Few vocations offer as great a C.S. Lewis said, "Integrity is icon is practically spectrum for good and honorable doing the right thing, even when no nufacturers could he legal profession one is watching." But this definition is integrate millions or billions of transistors The attorney is entrusted with the onto a single silicon square. They life savings and investments of his amentally flawed. called this the "integrated circuit." Each clients. He becomes the guardian own actions. We will know. Shakespeare said it best through transistor is a binary logic test like the of the mentally deficient, and potential savior for the accused Polonius, "This above all: to thine own punch card. It returns true or false, which He is a fiduciary, a confidant, self be true."* programmers write as 1 and 0. That's an advisor, and an advocate. A lawyer with integrity acts in why, in "The Matrix," Neo only sees ones However, the great privilege of harmony with their moral code as and zeroes. Programmers combine these serving in all of these capacities a deep conviction-not only when transistors into Boolean logic tests IF, he without the someone is watching or when it THEN, AND, OR, NOT. Add these lines ant responsibilities of of code together and you can change the truth, candor and honesty. In fact, benent ts them. A divided person creates a second set of rules for when the t, add formulas in a it can be said that the presence of these virtues in members of the first set of rules gives an inco spreadsheet, or customize your weapon bar comprises a large portion of answer-a dual morality. in "Call of Duty." We moved from the fulcrum upon w rich the scales Psychology calls this mechanical switches to vacuum tubes to f justice rest. Cons "compartmentalization." It is a transistors. But the true power behind attorney's character must remain defense mechanism to avoid cognitive comes from the integrated beyond reproach.' dissonance. Cognitive dissonance is the circuit. It allows billions of We know what is mental discomfort and anxiety caused transistors to work together by this internal conflict. Put simply, e information can we be right and wrong. We faster. Apple's latest MI complete, undivided, swear to follow the Rules when we do something that we know is of Professional Conduct wrong, we have a sinking feeling in our Pro chip has 34 billion transistors. A computer and unbroken? We (RPC). RPCs describe gut. Compartmentalization masks the pain but blocks our growth. Continued with 34 billion vacuum combine the two moral obligations to our clients, the legal system, our omises our mental and ubes would fill the Las elements of integrity. Vegas valley. profession, and to the public physical health. A house divided against The integrated chip This is our moral code. itself cannot stand. is an analogy for an integrated life. Note that our A few years ago, I investigated and rosecuted a lawyer with dual morality. Exponential growth only happened after moral code includes duties to the system, integration. We put a man on the moon. profession, and the public. Through His clients complained that he was We automated driving. My phone can discipline investigations and prosecutions, not disburse their personal injury lawyers who recognize a duty Is. A State Bar of Neva tell me a joke. We can do what was investigator pulled his bank records and impossible only decades ago because of only to their clients. In their minds, it is OK the integrated chip. Integrity commands to hide evidence in very or lie to the discovered that his client trust account court if it benefits the client. But our moral did not have the money. Someone took success. And lasting success is only code extends to the system, the profession, $4 million throughout a decade. possible with integrity. "Integrity" comes from the Latin and the public. We ensure that the system During a recess, the law works toward justice, that the profession "Mr. Hooge, I want you word "integer," which means whole retains honor, and that the public benefits, w that I did not take any of that number. An integer has no fractions or not just our client. money. I am honest. It was my dishonest decimals. If your managing partner asked The second element of integrity bookkeeper. But I promise that I will do you to bring 1.718 pizzas to the is action. An integrated person acts in everything in my power to pay it back.' office party, then you would str harmony with their moral code. Unfortunately, I knew the truth. integer cannot be fractured or fragmented. His lawyer disclosed his defense Integrity is a complete, undivided, and "No man can ever be a truly great lawyer, who is not in months earlier. My investigator unbroken state. How can we be complete, undivided, y sense of the word, a good obtained copies of the withdrawal slips man .. There is no profession om the bank. Bank tellers noted that and unbroken? We combine the two in which moral character is his lawyer personally withdrew the elements of integrity. fixed as in that of the money. I had the slips to admit. My The first element is our moral code: here is none in w investigator also tracked September 2022 . Nevada Lawyer our sense of right and wrong. 's subjected to severer scrutiny bookkeeper in Florida. He was not In 1974, when the Maryland Court by the public ... Fr .. From the very Of Appeals disbarred Richard Nixon's commencement of a lawyer's on the run. He had no Cayman Island vice president, Spiro T. Agnew, the career, let him cultivate, above bank account with $4 million. He wa all things, truth, simplicity and also ready to testify that this lawyer court stated: candor; they are the cardinal withdrew the money . virtues of a lawyer."'s CONTINUED ON PAGE 11 CONTINUED FROM PAGE 9 Integrity: Acting on our Ethics The bank records told a cautionary tale. A decade before, the lawyer's firm had a lean month. He transferred a few thousand from his client trust account to his operating account without identifying a client or purpose. He paid it MEET YOUR back. But that internal compromise created a second set of rules. After that he borrowed more. Soon he stopped paying it back. From his outward appearance, this lawyer was a good person. He was courteous, kind, and respected. He FINANCIAL had a wife and four beautiful daughters. He had everything going for him. But underneath that mask he was fractured and broken. HEROES Time makes it increasingly difficult to succeed in this profession, to find peace, to reach our potential if we live a life of dual mora Annually, more than lion is held in Nevada lawyer a while. But their demise is inevitable. trust accounts. These financial heroes have agreed to pay Integrity is the key to lasting success. We can integrate favorable rates on all IOLTA accounts under deposit. ves by recognizing who we are, who we wan Leadership institutions pay premium rates. where we fall short, and by improving each day. Over time we will integrate our actions with our moral code. We act on The Nevada Bar Foundation our ethics. We become complete, undivided, and unbroken. grants more than 97% of the Like an integrated circuit, our potential becomes limitless. interest earned on these dollars to statewide legal service organizations s ENDNOTES: more than 37,000 Nevada families. 1. Md. State Bar Asso. v. Agnew, 271 Md. 543, 549, 318 A.2d 811. 814 (1974). 2. SCR 73. 3. Agnew, 271 Md. at 548-49, 318 A.2d at 814 (qu American First National Bank Heritage Bank Sharswood, Professional Ethics 168, 169 (1844)). Bank of America . Shakespeare, William. Hamlet. Edited by G. R. Hibbard, Bank of George Lexicon Bank bank of Nevada Meadows Bank Oxford UP, 2008. Bank of the West Nevada Bank & Trust Chase Nevada State Bank Northern Trust Bank