Criminal Law Class Session 12: Legal Ethics and Professional Responsibility

Duty to Clients: Zealous Advocacy and Confidentiality.

Lawyers have a fundamental duty to their clients. This duty includes:

Zealous Advocacy: Lawyers must provide competent and diligent representation, advancing their clients' interests within the bounds of the law. This means vigorously advocating for their clients and putting their clients' interests first.

Confidentiality: Lawyers are obligated to keep client information confidential. This attorney-client privilege encourages open communication and trust between lawyers and their clients.

Duty to the Court: Candor and Professionalism.

Lawyers also have an ethical duty to the court. This duty includes:

Candor: Lawyers must be honest and forthright in their interactions with the court. This includes not presenting false evidence, making misleading statements, or engaging in any dishonest practices.

Professionalism: Lawyers are expected to conduct themselves with professionalism and respect in all court proceedings. This includes courtesy towards judges, opposing counsel, and witnesses.

Conflict of Interest: Avoiding Dual Loyalties.

Lawyers must navigate potential conflicts of interest that could compromise their duty to clients or the court. Conflicts of interest may arise when a lawyer has competing obligations or interests. Lawyers must be diligent in identifying and addressing such conflicts to ensure they do not harm their clients or the integrity of the legal system.

Case Study: Smith v Johnson - A Conflict of Interest Dilemma.

To illustrate the complexities of legal ethics, let's consider Smith v Johnson. In this case, Attorney Smith represents Client Johnson in a criminal matter. However, Attorney Smith's law firm also represents a key witness for the prosecution in the same case. This situation raises concerns about a potential conflict of interest.

Now for our 1st question: What happens if an attorney discovers that their client has provided false information or perjured themselves during a trial?

If an attorney discovers that their client has provided false information or perjured themselves during a trial, they face a challenging ethical dilemma. Attorneys have a duty of candor to the court, which means they cannot present false or misleading information to the court. However, they also have a duty to zealously advocate for their client's interests.

In such situations, an attorney may consider options like:

Withdrawal: If the attorney believes they cannot continue representing the client without violating ethical obligations, they may seek to withdraw from the case.

Encouraging Honesty: The attorney should encourage the client to rectify the false statements, even if it means admitting wrongdoing.

Consulting Ethics Rules: The attorney may consult the applicable ethical rules and seek guidance from their state's bar association on how to proceed.

The specific course of action can vary depending on the facts of the case and the attorney's ethical obligations.

Now for question 2: Can a lawyer represent a client if they personally believe the client is guilty?

Yes, a lawyer can represent a client even if they personally believe the client is guilty. In the legal system, everyone is entitled to legal representation and a fair trial, regardless of their guilt or innocence. Lawyers have a duty to provide competent and zealous advocacy for their clients, which includes mounting a defense, ensuring that the prosecution meets its burden of proof, and protecting the client's rights.

An attorney's personal beliefs about a client's guilt or innocence should not interfere with their ethical duty to provide effective representation. The attorney's role is to advocate for the client's interests and protect their rights within the bounds of the law.

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