Essay on "Ethical Issues Facing a MA Criminal Attorney"

Essay 4 pages (1223 words) Sources: 1

[EXCERPT] . . . .

Legal Ethics

Practical Ethical Issues Facing a Criminal Defense Attorney as Defined in the Massachusetts Rules of Professional Conduct

In the Preamble to the Massachusetts Rules of Professional Conduct, a lawyer's primary responsibilities are identified as a representative of the client, an officer of the legal system, and a public citizen with a special charge for maintaining the quality of justice. The relationship between these three basic roles is, as the Preamble goes on to note, usually harmonious (par. 6). These three distinct responsibilities, however, can come into conflict during the course of providing a zealous legal defense for a client charged with the commission of a crime. Many of the practical ethical issues that a criminal defense attorney will almost certainly face over the course of their professional practice arise from just such a conflict.

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. The basic ethical dilemma that presents itself to the lawyer, then, is whether recommending individual counsel for each defendant is truly in their best interests. There is no question that a lawyer may better serve an individual client than several at a time, but when such individual representation may expose one, several, or all of the defendants to adverse legal conditions, multiple representation must be given serious consideration. The presumed innocence of all defendants must be zealously protected and fought for, and at times representing several clients in the same matter is the best way to provide quality representation and an effective utilization of the legal system. Understanding the limited scenarios when this is the case requires a careful application of both personal and professional ethical principles.

Another major ethical conflict that arises from the separate duties of representing the client and maintaining the quality of justice involves determining diminished capacity in a client, and taking the appropriate action. A psychological exam, or even better a medical history, can of course establish diminished capacity, and this greatly simplifies the issue for the client's lawyer. Still, as both the client's representative and a public citizen, the lawyer must maintain a zealous advocacy for their client's rights and protections given their diminished capacity. Determining the client's best interests in such cases, as well as deciding how they might best assist in their own defense, become compelling ethical concerns. The best interests of the public and the client might not correlate, and the balance often shifts in favor of the public.

An even more difficult dilemma exists when there is no history of diminished… READ MORE

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