Legal Research

"Ethics v. Morals, II"

Posted by Jeff Gamso: "In an earlier post, I raised three examples of real world ethics issues faced by criminal defense lawyers in which I had at least an advisory role.

• Lawyer comes upon letter, seemingly written by client who is facing capital charges, explaining to a third person how to acquire a rifle and kill the key witness against client. What is lawyer's obligation? Under the jurisdiction's ethical rules? Under human morality?
• Lawyer is told in confidence by one client that he is responsible for the murder for which another client faces death. The lawyer has a duty to represent the best interests of both. How is that possible?
• Lawyer represents client who is to testify against another client in a capital trial. Both clients are willing to sign waivers allowing waiver of any privilege the witness/client might have. But court says, "Whoa, I don't think they can waive that sufficiently for you to do your job." Now what? 

A commentator who goes by Feisty offered a set of possible answers, and wondered what my positions were on the questions. I promised I'd answer in a later post, and here we are..."

Continue reading this interesting post at the source site listed below.

Source: Gamso - For the Defense, 20 July 2009

Full post as published by Stark County Law Library Blawg on July 21, 2009 (boomark / email).