Question: Section 3: Freedom from Improper Considerations and External Influences A lawyer shall not, in advocating a client's cause, be influenced by dishonest or immoral considerations,
Section 3: Freedom from Improper Considerations and External Influences
A lawyer shall not, in advocating a client's cause, be influenced by dishonest or immoral considerations, external influences, or pressure.
Story 3: Rejecting Improper Influences
Story: Attorney Maria Gomez, a well-respected lawyer known for her unwavering ethical standards, is representing a client in a high-profile corruption case. The case attracts significant media attention, placing Maria under intense public scrutiny. During the trial, Maria is approached by a representative of the opposing party who offers her a substantial bribe to intentionally lose the case. Without a moment's hesitation, Maria rejects the bribe and immediately reports the incident to the authorities, affirming her commitment to justice and the rule of law.
Despite the external pressures, Maria remains resolute in her dedication to her client, building her defense on the merits of the case. She meticulously prepares her arguments, ensuring that her advocacy is based entirely on the facts and legal principles, free from any dishonest or unethical influence.
However, as the trial progresses, Maria makes a startling discovery: her client has been withholding critical information that could drastically alter the outcome of the case. The information, if revealed, could not only jeopardize the client's defense but also raise serious ethical concerns about the integrity of the legal process. Maria is now faced with a profound ethical dilemma.
Ethical Dilemma: Should Attorney Maria Gomez continue to represent her client while maintaining her duty of confidentiality, knowing that the undisclosed information could impact the fairness of the trial? Or should she disclose the information to the court, risking her client's trust, facing potential legal repercussions, and possibly breaching her duty of confidentiality?
Discussion Questions:
- 1. Duty of Confidentiality vs. Duty to the Court:How should Maria navigate the conflict between her duty of confidentiality to her client and her duty to the court and the legal system? What factors should she consider in making her decision?
- 2. Impact on Client-Attorney Relationship:What are the potential consequences of disclosing the withheld information on Maria's relationship with her client? How might this decision affect her client's case and their trust in her as their attorney?
- 3. Ethical Responsibilities:How does Maria's situation reflect the ethical responsibilities of a lawyer in ensuring the integrity of the legal process? What are the possible repercussions of either disclosing or withholding the information?
- 4. Legal and Professional Risks:What legal and professional risks might Maria face depending on her decision? How should she assess the potential consequences for her career and professional reputation?
Can you help me answer the discussions based on the story and the Code of Professional Responsibility and Accountability of lawyers?
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
