Ethical Issues for Defense Attorneys | Summary and Q&A

TL;DR

Defense attorneys must navigate ethical issues related to due process, conflicts of interest, zealous advocacy, attorney-client privilege, and perjury.

Key Insights

• 😀 Defense attorneys face ethical dilemmas when transitioning from being prosecutors to defenders, as the role requires a different approach.
• 💍 Ethical standards forbid defense attorneys from engaging in actions that harm others or knowingly using false evidence.
• ❓ The attorney-client privilege is crucial for maintaining confidentiality and full assistance between the client and attorney.
• 😒 Defense attorneys may use strategies like jury selection assistance and shadow juries to increase their chances of a favorable outcome.
• ❓ Professional conduct standards require defense attorneys to maintain a professional and courteous relationship with opposing attorneys, litigants, and witnesses.
• 👋 Defense attorneys must balance being an advocate for their clients while also performing in the best interest of the court.
• 👻 Disclosure of client confidences is ethically allowed in certain situations, such as preventing harm or when required by law or the court.

Transcript

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Questions & Answers

Q: What are some ethical issues faced by defense attorneys?

Defense attorneys encounter ethical challenges in transitioning from being prosecutors, avoiding conflicts of interest, and upholding professional conduct standards throughout the legal process.

Q: When can a defense attorney ethically withdraw from a case?

A defense attorney can withdraw from a case if it involves harassment or malicious purposes, if continued employment violates disciplinary rules, if discharged by the client, or if effective counsel is impossible due to a physical or material condition.

Q: What actions are forbidden for defense attorneys under ethical standards?

Defense attorneys are prohibited from engaging in actions that intentionally harm others, advancing unwarranted claims or defenses, concealing required disclosures, using perjured testimony or making false statements, and participating in the creation of evidence.

Q: How do defense attorneys navigate conflicts of interest?

Defense attorneys must avoid representing two clients with opposing interests, such as co-defendants in a criminal case, to ensure unbiased representation and uphold ethical standards.

Summary & Key Takeaways

• Defense attorneys play a crucial role in protecting the due process rights of their clients during judicial proceedings.

• Ethical issues for defense attorneys include the transition from being a prosecutor, avoiding conflicts of interest, and upholding professional conduct standards.

• Defense attorneys must ethically represent their clients while also maintaining a professional relationship with opposing attorneys and adhering to attorney-client privilege.