Term Paper on "Criminal Defense Lawyer"
Term Paper 4 pages (1330 words) Sources: 1+
[EXCERPT] . . . .
Criminal Defense AttorneyThe Canons of Professional Ethics for Attorneys: no longer reflect the reality of the times (if they ever did)
Inadequate and self-contradictory."
Freedman, on the Canons of Professional Ethics, cited in Challenging Perspectives, Holdstein (Ed.)
The Canons of Professional Ethics for attorneys were adopted in 1908 as a kind of public relations device, to convince the American public of the presence of ethical standards within the legal profession. The Canons reflect this dubious origin and intent in their often vague, contradictory, and unenforceable nature. "The original 32 Canons of Professional Ethics were adopted by the American Bar Association in 1908. They were based principally on the Code of Ethics adopted by the Alabama State Bar Association in 1887, which in turn has been borrowed largely from the lectures of Judge George Sharswood, published in 1854 under the title of Professional Ethics, and from the fifty resolutions included in David Hoffman's a Course of Legal Study (2d ed. 1836)." (ABA, 1983) Indeed, the wording of the first Canon is to merely affirm the competence and integrity of the legal profession, reflecting the fact that the profession was under attack at the time (although one could argue the integrity of lawyers remain under attack today).
All of the Canons sound morally upstanding, in theory, and may, to a non-lawyer, seem like valid ethical guidelines. However, the Canons often fail to embrace the realities of the legal profession, especially of defense attorneys who must often defend unpopular clients. "The previous Canons were not an effective teaching in
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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.
Yet this prohibition would also forbid a defense attorney for making a client aware he or she had been slighted, if the client was ignorant of the law. A client might have been picked up for a petty drug offense, for example, and the lawyer designated to take the defendant's case might believe that the alleged perpetrator actually had a case against the state, because the defendant's constitutional rights had been violated. But the defendant might not know what his or her constitutional rights were, because the defendant is not a lawyer. It is thus part of the lawyer's duty as an advocate to encourage the client to bring a suit against the state, and indeed, the lawyer should do so as part of his or her duty in service of Canon 2,… READ MORE
Quoted Instructions for "Criminal Defense Lawyer" Assignment:
Text Challenging perspecvtives by Holdstein. P508-520(Freedman)
4pages. It has to have good thesise statement.
Support or refute Freedman's argument that the Canons of Ethics for attorneys, published in 1908, is now "inadequate and self-contradictory."
How to Reference "Criminal Defense Lawyer" Term Paper in a Bibliography
“Criminal Defense Lawyer.” A1-TermPaper.com, 2006, https://www.a1-termpaper.com/topics/essay/criminal-defense-attorney-canons/20898. Accessed 3 Jul 2024.
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