Abstract In this paper, the author argues that the Canons of Professional Ethics written for attorneys in the early 1900's are no longer relevant. The paper gives a brief historic background of the Canon's adoption, then highlights the major points of contention, showing point by point how the Canons no longer apply. The author further contends that the Canons often fail to embrace the realities of the legal profession, especially of defense attorneys who must often defend unpopular clients or even for attorneys who wish to solicit business. The writer describes the Canons as often vague, contradictory, and unenforceable.
From the Paper "Many of the Canons could actually subvert the intention of attorneys to represent clients to their fullest extent. Consider the working Canon 28: "It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship, or trust make it his duty to do so." (Hurld, 2004) Yes, this would forbid ambulance chasing or advertisements asking a parent of a sick child if medical malpractice might be the cause of their child's infirmity, the sort of attorney advertising and grandstanding non-lawyers enjoy pointing to, when these laypersons explain why they despise attorneys."
Abstract The paper is a description of what role ethics and morals play in the life of a defense attorney. While having to support his client, a defense attorney more often than not would have to prove the prosecution's witness to be fake. The paper deals with the techniques that are followed by an attorney to protect his client and it gives us an idea of the numerous strategies that he would have to adopt to prove his client in the right. Further, the paper is also a discussion upon facts as to whether an attorney can purposely cross question a witness, and mislead the court just to prove his client not guilty. Here the main purpose of the argument starts with the fact whether a defense attorney is ethically right when he decides to purposely cross-examine the prosecutor's witness just to mislead the court, when he knows that the witness is saying the truth, and does so only to discredit his answers.
From the Paper "From time immemorial lawyers have been condemned and thought of as conniving people. As early as the biblical times writers have been condemning lawyers. The great satirist, Jonathan Swift had in his book Gulliver's Travels in 1726 stated that there was a society of men among us, bred up from their youth in the art of proving by words multiplied for the purpose that white is black and black is white, according as they are paid. To this society all rest of the people is slaves. It can be stated that the real reason to conduct "Cross Examination" is to find answers to questions of fact. This can be stated to be the stage in a trial where the other party questions witnesses. The main reason to conduct cross-examination could be to find out facts that would turn out to be favorable for the case, to challenge the statements given by the witness. A counsel usually conducts cross-examination but the accused person can also conduct his defense by himself."
Abstract This paper discusses the duties of the Attorney General of the United States. Specifically, it contains an analysis of how the Attorney General is chosen, and the powers they wield in the government. A brief history of the position is presented, and the current Attorney General, John Ashcroft, is introduced. The paper claims that the Attorney General is one of the most important offices in the Federal Government.
From the Paper "The Attorney General of the United States is in charge of the Justice Department (DOJ) and the chief law enforcement officer of the United States Federal Government. The Attorney General advises the President and other members of the executive department of the government on legal issues. An addition, "The Attorney General appears in person to represent the Government before the U.S. Supreme Court in cases of exceptional gravity or importance" (DOJ)."
Abstract Being a defense attorney is not an easy thing. To begin with many people in the general public grouse whenever they see defense attorneys defending those who have committed heinous crimes and or have a great deal of evidence arrayed against them. The following paper argues that a defense attorney's fiduciary duty to his or her client is vitally important to the administration of justice. Specifically, all defendants have the right to be innocent until proved guilty and if the lawyer for any such party decides that he or she cannot execute their duties to the fullest possible extent, then that attorney is guilty of allowing the legal process to degenerate into nothing more than a "show trial" wherein dangerous assumptions about guilt or innocence are allowed to take root.
Abstract This paper discusses the attorney-client privilege issue. In particular, the paper discusses the fifth and sixth amendement of the Constitution and how they apply to attorney-client privilege. The paper then provides a number of examples where one may think that the issue need not be applied by the attorney. It also discusses each of these cases and the legal issues that apply.
From the Paper "In this case, the interest competing against adhering to the professional rules of ethics is not the prevention of the death of the child or the exoneration of an innocent individual facing undeserved punishment. Rather, the competing interest relates to the mother's uncertainty. Specifically, disclosure of the information would merely transform her grief from one type of grief to another (arguably much worse) grief and provide "closure." If the rule violation were capable of saving the life of a child, the attorney might be justified (if not obligated) in ignoring his professional obligation to his client, at least from an objective perspective. In this case, however, he is not justified in doing so."
Abstract This paper explains that the District Attorney for Los Angeles County, an elected official whose term runs for four years, is a non-partisan lawyer who works for the people of the county, which covers 78 cities and over 4,000 square miles. The author points out that a staff of about 2,200 people in nine offices located throughout the county handles over 60,000 felonies and 200,000 misdemeanors per year by working closely with local officials and police departments to prosecute criminals. The paper relates that the District Attorney's office is organized to handle a variety of crimes, including crimes of violence, crimes of hate, fraud, and corruption; its goal is to prosecute the criminal and insure justice for the victim.
From the Paper "The Community Prosecution Division provides the ability for police, members of the community and other local officials to create strategies for dealing with gang violence, crime prevention, truancy, drugs and other quality of life issues that affect the community. It is an opportunity for the District Attorney's office and the community to work synergistically to overcome a broad spectrum of problems. In addition, the Bureau of Crime Prevention works with young people to help them avoid a life of crime by developing skills and talents that will help them succeed in life."
Abstract The paper evaluates the issues related to attorney-client privilege within a case involving the St. Louis Blues organization. The paper explains that it is expected that there within the realm of this case, attorney-client privilege is waived due to the relevance of the communications involved and there is also a necessity to consider these conversations as valid to the proposed arguments.
From the Paper "The issue of attorney-client privilege has been identified as critical in the proposed case and there are important issues regarding the legality of such a decision under Illinois state law. In this context, the key issues are the following: 1) Does Money have the right to exercise attorney client privilege in this case?; 2) Is Lynn required to remain quiet regarding her conversation with Money?; and 3) Is the St. Louis Blues organization truly negligent in this case, and if so, what are the primary reasons for such negligent behaviors?"
Abstract This paper takes a look at possible reforms to improve attorney disciplinary procedures. The paper points out that the American Bar Association has a code of professional responsibility by which attorneys must abide. Some of the general principles this code addresses are individual justice, distributive justice, truthfulness, and trust worthiness. The paper concludes that actively becoming aware of unethical procedures in law, along with participation of the public in the awareness, can help resolve some of the problems.
From the Paper "One particular unethical conduct that states bars will not tolerate include lawyers who do not pay child support. In the Atlanta Journal Constitution it was reported in May of 2005 an attorney was ordered to pay $29,100 in monthly child support. This case marked the highest child support judgment ever issued to date for Georgia (Cook). Under OCGA 1968-28 the lawyer's license to practice law can be suspended. Once the attorney has met requirements of Bar Rule 1-209, their suspension will be revoked (Unknown 1). In this particular case, the attorney had "estimated stakes in his law firm to be worth over $20 million" and the courts made sure he paid every penny of child support to his children."
This paper provides a discussion of whether the current framework for professional responsibility in the trade marks and patent attorneys' profession in Australia is adequate.
Abstract In this article, the writer notes that it is generally accepted that the primary purpose of disciplinary proceedings regarding the conduct of professionals is not so much to punish the professional, as it is to protect the public. The writer points out that it is the intention of such proceedings to remove a perceived threat to public interest and public confidence in the profession. The basis for this rationale is the assumption that the public needs to be protected from the unscrupulous, and those incompetent and ignorant of the basic requirements of their profession. The writer looks at the current system in Australia and maintains that the present framework serves the basic needs of all stakeholders in an adequate manner, but that a better framework could be established, which more fairly caters to the needs of the other stakeholders. The writer concludes that even if the present framework is not substantially altered, improvements, such as allowing any third party to submit complaints, would help to improve the efficiency in which compliance by attorneys is monitored.
From the Paper "The enforceability of the Institute's Code of Ethics is based on contractual obligations rather than legislatively conferred power, and a breach of the Institute's Code of Ethics may result in revocation of membership. Compliance with the Institute's Code of Ethics is monitored by way of complaints being submitted.
"The framework provided by the Institute's Code of Ethics appears, however, to add little to the framework already in existence as provided by the Board and the Tribunal. The enforceability of the Code of Ethics, the efficiency in which compliance with the Code of Ethics is monitored, and the sanctions imposable upon a breach of the Code of Ethics appear no more effective than those already provided by the Code of Conduct prescribed by the Regulations and the Board."
Abstract In this article, the writer notes that no professionals are more maligned for being unethical than attorneys, yet attorneys are one of the few professions that have adopted and adhere to a strict code of professional ethics, the violation of which can result in the end of a career and other severe sanctions. The writer points out that in the United States, each state has its own rules of ethics for attorneys, however, the majority of estates have adopted rules that outline affirmative duties that an attorney owes to a client, in addition to listing proscribed behavior. The writer then discusses that one of the most dramatic cases of attorney ethical violations is the recent attempt by Durham, North Carolina Assistant District Attorney Mike Nifong to prosecute several members of the Duke Lacrosse team for the rape of Crystal Gail Mangum. Unfortunately, the complaining witness lied about the events that served as the basis for the charges. The writer maintains that from the beginning of the case, Nifong acted in an unethical manner, because he pursued a conviction, rather than justice. The writer concludes that while it may be easy to understand Nifong's initial position, how he acted when he had to have known that the complainant was lying, is simply inexplicable. There is no scenario under which the continued prosecution of clearly innocent people is permissible.
From the Paper "In hindsight, Nifong's behavior was clearly unethical. However, it is far too simplistic to dismiss Nifong as a power-hungry prosecutor with a disregard for justice and truth that borders on the evil. To do so is a tremendous mistake, because it ignores some of the realities that prosecutors face every day. First, the complaining witness was a stripper. Sex workers are disproportionately likely to be victims of sexual assaults, and their status as sex workers immediately makes them appear less credible than other sexual assault complainants. Therefore, conscientious prosecutors, police officers, and rape crises workers are trained to respond to initial sexual assault reports as if they are true and credible. In addition, many sexual assault victims change the details of what occurred during the attacks, oftentimes omitting the most humiliating and degrading aspects of an assault until they have become more comfortable with investigators. In fact, there is a strong psychological basis for the notion that many sexual assault victims may actually repress details of their assaults in order to cope with the after-effects."
Abstract In looking at the jury trial procedures in the United States of America this paper examines accusatory pleadings, jury instructions, the role of the judge and jury, the number of people on a jury, the prosecuting attorney's responsibility, the role of the defense attorney, the examination of witnesses, opening statements, administering the oath, the defense presentation, the prosecution's rebuttal, closing arguments, the charge, the deliberation and verdict, and sentencing the defendant.
From the Paper "Although trial by jury is a basic American right, most of us have never made an attempt to perceive why that right was written into the Constitution and why this trial procedure is hardly ever found in other countries. The purpose of trial by jury, as specified by the Supreme Court is to prevent force by the government. To execute the role, jurors must act independently and faithfully, and they must be ready to say no if they believe that a prosecution would be unjust."
Abstract This paper outlines the educational requirements for a career as an attorney. The paper describes the entrance exam for law school, the courses taught at law school, and the final exams at law schools. The paper also describes the way law firms typically offer internships and the career track of a attorney specializing in criminal law.
From the Paper "The road to becoming a criminal attorney begins after high school, because a four-year college degree is a prerequisite for admission to law school. Contrary to popular belief, it is not necessary to study political science or criminal justice in college in order to get into law school. Post graduate institutions value intellectual diversity, so applicants with engineering degrees or other specialized academic backgrounds sometimes have an advantage over more "typical" student profiles. Since applicants? undergraduate performance is part of the admissions equation, college students should concentrate on an area that genuinely interests them, because they are more likely to achieve high GPA's that way, as well.(1)"
This paper discusses the Prison Litigation Reform Act, passed in 1996, which has dramatically changed the way litigation by inmates is allowed to proceed.
Abstract This paper explains that the intention of the Prison Litigation Reform Act (PLRA) was to limit the number of frivolous lawsuits that could be filed by prisoners in federal courts; however, the constitutionality of this law has been strongly debated. The author points out that a primary provision of PLRA is the exhaustion requirement, which fundamentally was designed to give prison officials time and opportunity to address any grievances that could be brought by prisoners before a federal court, even if those internal systems are slow and ineffective and may subject the prisoner to possible retaliation by prison staff. The paper relates that the PLRA places a cap on attorney fees and restricts the number of billable hours; thus, since they will have difficulty obtaining compensation for their work, attorneys are discouraged from representing prisoners even if they have a strong case.
From the Paper "When the administrative grievance process is followed in the manner prescribed in the PLRA, that process is able to fully identify details of the prisoner's case and determine its merits before it reaches a federal court. Once in court, there is a much greater likelihood that the case would be more well defined and presented in a concise manner. The court would then be able to focus solely on issues at hand instead of being forced to spend time attempting to interpret a potentially muddled argument. Under these circumstances, it would appear that federal courts would have more time available to address legitimate cases brought under the PLRA."
Abstract The following paper explores the question of ethics according to the author's own set of religious principles and beliefs. The author's own version of moral behavior has been influenced by many experiences, family and the method in which he was raised, as well as the American and international societies in which he has lived. The author's opinions tend to be metropolitan, forward looking, and based on thought as opposed to tradition or the beliefs of others. Opposing the ambiguity of the definition of "moral", the word "ethics" is more precisely defined.
From the Paper "The question of whether one can be a moral person while simultaneously practicing law as an ethical attorney is a circular argument that has no clear answer. The situation is a philosophical one that can easily be compared to the age-old quandary, "Which came first, the chicken or the egg?" Each side can be argued equally well as long as no restrictions are placed upon the circumstances. However, in order to provide more clarity to the issue, it is critical to impose specific requirements and boundaries to the issue."
This paper discusses the attorney-client relationship: Definitions, theories and techniques of interviewing clients, counseling, legal analysis, objectives, communications and objectivity.
3,825 words (approx. 15.3 pages), 8 sources, 1990, $ 135.95
From the Paper "An attorney's obligation to a client includes his or her duty to understand, counsel and solve the client's problems--not just the client's legal problems or the case. Interviewing and counseling are more than two simple steps in the "lawyering process." Whether the client is involved in a civil or criminal matter, the interviewing (the task of gathering information) and counseling (the task of formulating solutions) processes are the cornerstone of the attorney-client relationship.
Attorneys need to establish effective relationships with clients, learn how clients view their problems, goals and expectations and assist them in understanding to make informed choices. If an attorney does not have a good relationship with the client, the relationship will not enable a successful conclusion to the matter."
