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  • Essay / Personal values ​​vs. Public Duties in Legal Work

    Legal scholars say a lawyer should not withdraw in the middle of a lawsuit if such withdrawal would harm his client. similarly, it is considered unscrupulous for a lawyer to specifically make it clear to the judge that his client is a liar. the attorney should request that he be allowed to be removed from anything related to this issue on “moral grounds.” If the judge denies this request, the lawyer must continue talking to the client. what could you do if you were a lawyer, you trusted that your client would procrastinate and the judge asked you to continue representing your client. It comes down to public duty rather than personal values. When you represent a client, you know that the defense attorney is guilty of the crime. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an original essay This is the explanation behind the client benefit of lawyers. One of the main things that any average lawyer will advise another client is to tell their side of the story and not to lie. Protection Lawyers have a legitimate obligation not to disclose any data of concern or private nature of the client. You can be disbarred if you violate this. This applies to future customers, current customers and previous customers/imminent customers. There are special cases, especially if the client is looking for a legitimate lawyer identified with an arranged but not executed wrongdoing. From there, the defense counsel will ask his client about the best way to proceed with the case, should the client find himself guilty. In case the client committed the crime and 10 spectators, a surveillance camera, a media group reporting on a different event, and the cops discovering it with still conclusive evidence and the victim's blood all over their hands . When you see him commit the crime, legal counsel must explain to the jury why the client "didn't do it." Much depends on how incriminating the evidence is. The more you can ruin, the more you can escape. It's annoying, but not feasible. Think of Kasey Anthony (Casey) where the indictment sought to demonstrate that a mother had killed her little daughter and dumped the body. Here, the manner of the young woman's death and Anthony's underlying proclamations were striking, the lies were suspect from the start... Regardless, the stories of the declaration, the confirmation and the Media was so strange and widespread that it was difficult to determine the exact course of events by any means. The mother got away with it, even though much of the country was sure she did because no one could understand what really happened. The “verification beyond reasonable uncertainty” standard for conviction implies that any conceivable clarification that runs counter to the impeachment narrative can be reduced because confirmation does not strengthen the elective event. Either way, if you can't trust one side over the other, then the jury is asked to argue purely, whether or not there is any conviction in the way they do it. did it, in two different ways. Attorney Janet Portman of the Nolo Press, says on representing a client you know is guilty: "The key is the difference between factual culpability (what the defendant actually did) and legal culpability (what a prosecutor can prove). A good criminal defense attorney doesn't ask, "Did my client do it?" but rather “can the government provethat my client did it? » With this statement, lawyer Janet Portman concludes. Regardless of what the defendant has done, he is not legally innocent until the point where a prosecutor offers enough confirmation to convince a judge or jury to convict him. Attorney Portman gives the example of a lawyer putting duty ahead of personal values: “Sam is accused of shoplifting. Sam admits to his lawyer that he took a watch, as charged. Sam's lawyer realizes that the videotape from the store's hidden camera is blurry and virtually useless as evidence against him. Additionally, Sam's lawyer learns that the store security guard was at the end of a long overtime shift and had been drinking alcohol. Sam's lawyer can use these facts to argue for Sam's acquittal. Before trial, Sam's lawyer can argue to the prosecutor that the prosecutor's case is too weak to prosecute. At trial, Sam's lawyer can ask a judge or jury to acquit Sam. No matter what Sam did, Sam is not legally guilty unless the prosecutor can prove it out of all reasonable doubt. But Sam's lawyer cannot ethically argue in his argument that Sam "didn't do it", only that the prosecutor failed to prove that Sam did it. Although the line between ethical and unethical behavior may seem – in fact, it is – fine, it is a line that criminal defense attorneys walk every day in the course of their work. (Portman)In no case may defense counsel mislead the judge or jury by stating, among other things, that the defendant did not do something that legal counsel knows the litigant did. (Again, legal counsel cannot acknowledge responsibility for the client's desires.) Rather, legal counsel's preliminary strategies and arguments must highlight the prosecutor's failure to demonstrate each component of wrongdoing. Example of a case where the defense attorney knew his client committed the crime, but he put duty ahead of personal value. Westerfield v. Superior Court of San Diego County (2002). Westerfield was accused of kidnapping and executing a young woman named Danielle Van Dam, but her body was not found. During the review of the requests, the prosecutor offered not to seek the death penalty if Feldman revealed the area of ​​the body. Since Feldman had this data, he knew without a doubt that Westerfield was guilty. Before an arrangement could be reached, police found the body and the demand agreement collapsed. The matter went to the preliminary stage, and Feldman led a large-scale resistance. While interviewing Danielle's parents, Feldman discussed how they held sexual gatherings in their home, suggesting that a visitor to one of these gatherings could have executed the young woman. Obviously, this was particularly detrimental to the guards' notoriety, but Feldman knew that the derivation he was trying to evoke was false. Westerfield has been indicted and is awaiting the death penalty. (Westerfield v. San Diego County Superior Court) In the popular film The Devil's Advocate (1997), arrogant legal advisor Kevin Lomax (Keanu Reeves) wins every case because he is the devil's child and therefore possesses power celestial. Early in the film, he effectively protects a teacher, Mr. Getty, from accusations of sexual mishandling of a student named Barbara. He crushes Barbara during a series of questions, even though he is sure she is telling the truth and that Getty is guilty. Later, Lomax goes to work for John Milton (Al Pacino), an accomplice supervising a company..