1. Identify and describe which provisions of the Model Rules of Professional Responsibility govern this situation.
The American Bar Association is a private association which was voluntarily formed so that it would give a guideline and set a baseline for the legal ethics standards. It helps people and organization to maintain professional responsibility more especially for lawyers in the United States (15 Love at 441). Thus, it has no power to make laws since it has no regulatory authority but it prevents harmful activities in the community.
The provision of model rules of professional responsibility which govern the scenario given is Prosecutorial Conduct. This is because the local company decided to discharge polluted affluent to the river which is the violation of the pollution laws. Since it was the plant manager who decided so with no evidence of permission from any authority, the lawyer Mathews will prosecute the manager using the provision of prosecutorial conduct in the model rules of professional responsibility (14(4), Schneyer at 677-736). The manager did not care so much about the effects that the discharge will bring to the aquatic life and to the human family.
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2. Apply those provisions to the factual scenario outlined above. Discuss the result of your application of the applicable model rules.
Since there is the provision of Prosecutorial Conduct in the model rules, Mathews will proceed to prosecute the manager because of breaking the professional ethics and responsibility. Since the consequences of taking an action on the whole company may be adverse, the lawyer will decide to account all the consequences on the plant manager alone (15 Love at 441). The community depends so much on this plant for their living standards because the plant has employed many people. Since there will be no need to bar the processes of the company, the person who was responsible for the decision making is the one to take the prosecution.
3. Explain what you believe Matthews is ethically obligated to do in this circumstance and support your conclusion.
Mathews is ethically obligated to ensure that the plant follows the laws and since the plant manager had decided to break the laws, he is supposed to take action of prosecution against the plant manager (14(4), Schneyer at 677-736). This is because the more the plant releases the pollutant to the river, the more harm it will cause in the community and will kill all the aquatic life (15 Love at 441). Mathews, therefore, is obligated to protect the environment and the health condition of the people living close to this plant. This will be done with caution so that the plant will continue operating but by following the required laws and regulations.
