If you were the judge in the case, would you consider Gellene’s explanation that he was over-worked and overstressed as an excuse for any part of his behavior? Why or why not? Explain.

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A conflict of interest arises when what is in a person’s own best interest is not in the best interest of another person or organization to which that individual owes loyalty. The lawyer’s code of professional responsibility prohibits a lawyer from accepting a case in which there is a conflict of interest. John Gellene, a highly-skilled bankruptcy attorney, was sentenced to 15 months in prison for failing to disclose his conflicts of interest (i.e., the connections among his clients Milbank Tweed, South Street, and Salovaara) to the bankruptcy court when he accepted a case. Gellene was “not a bad guy,” according to the prosecutor in the case who said it “made him nauseous to see how hard Gellene had been working” and suggested that Gellene was “overstressed and overworked.”

If you were the judge in the case, would you consider Gellene’s explanation that he was over-worked and overstressed as an excuse for any part of his behavior? Why or why not? Explain.