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This analytical essay discusses the practical ethics of a criminal defense attorney in the state of Massachusetts. The writer discusses the ethic issues one may face as an attorney, and how to confront and understand the ethical issues according to the preamble of Massachusetts. There are three distinct issues the writer looks at. The first is the conflict of interest, when the same lawyer represents multiple defendants. The second ethical issue that is presented is determining diminished capacity. The third and final ethical issue the paper discusses is the defense lawyer providing a "not guilty" plea for a guilty client.
From the Paper:"One of the most basic ethical issues that can arise is the conflict of interest that can and almost always does, in some fashion, arise when multiple defendants are represented by the same lawyer during the same criminal proceeding (Rule 1.7). Not only is the lawyer's role as the representative of their client split, but the quality of justice is often best served when independent counsel is retained by each defendant charge with a crime. In this scenario, as with all cases of criminal defense tat come to trial, each client must be presumed innocent. Proving this innocence, or rather casting reasonable doubt on a defendant's guilt, becomes the necessary goal of the client's representative, i.e. the lawyer. The best way to do this, especially when there are multiple suspects/defendants, is often to cast suspicion on one defendant in order to remove it from another. Multiple representation, quite obviously, cannot allow this to occur, as it serves the legal interest of only one client, and is a clear violation of the lawyer's duties.
"At the same time, there are many cases where multiple representation has proven the most effective way to provide defense for all clients, as this defense becomes more unified and coherent."
Sample of Sources Used:
- Massachusetts Rules of Professional Conduct. Accessed 19 July 2009. http://www.mass.gov/obcbbo/rpcnet.htm
Cite this Analytical Essay:
Practical Ethical Issues Facing Criminal Defense Attorneys as Defined in the Massachusetts Rules of Professional Conduct (2012, January 01) Retrieved January 19, 2021, from https://www.academon.com/analytical-essay/practical-ethical-issues-facing-criminal-defense-attorneys-as-defined-in-the-massachusetts-rules-of-professional-conduct-149821/
"Practical Ethical Issues Facing Criminal Defense Attorneys as Defined in the Massachusetts Rules of Professional Conduct" 01 January 2012. Web. 19 January. 2021. <https://www.academon.com/analytical-essay/practical-ethical-issues-facing-criminal-defense-attorneys-as-defined-in-the-massachusetts-rules-of-professional-conduct-149821/>