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6. An attorney representing a client accused of kidnapping and human trafficking 16 to 17 year old

children. The attorney knows their client is guilty. How? His client told him so. If convicted,
their client faces 25 years to life in prison and will not be eligible for parole for 25 years. The
district attorney offers a plea deal reducing the client's sentence to 15 years with eligibility for
parole in ten years. The attorney knows that if his client ever gets out of prison, they will
commit the same set of crimes again and again.
Questions:
a. Does the attorney have an ethical dilemma?
b. According to the Cannons of the Legal Profession, what is the attorney obligated to do?

1 Answer

6 votes

A. Yes, the lawyer is in an ethical bind. The difficulty results from the tension between the lawyer's need to vigorously defend their client and the possible harm that could happen if the client is freed and commits more crimes. On the one hand, the lawyer has a responsibility to fight for the interests of their client, which includes obtaining the best result for the client, such as a plea bargain. The lawyer, on the other hand, is conscious of the fact that their client poses a significant risk to society, and by getting a lighter sentence or parole eligibility, they might be increasing that risk. For the lawyer, this raises moral and ethical issues.

B. The Canons of the Legal Profession and legal ethics state that the client is the attorney's first responsibility. This obligation include providing knowledgeable and enthusiastic representation while protecting the client's privacy. There are restrictions on this duty, though. If the lawyer thinks that their client has plans to commit a crime in the future, they may be required to take the necessary precautions to stop it, which may include providing information to the police. Depending on the jurisdiction and appropriate codes of professional conduct, particular ethical requirements may change. If a lawyer cannot balance their ethical commitments with the interests of their client, they may occasionally be required to end the engagement. In order to negotiate this complex scenario, the attorney should ultimately speak with their local bar organization and abide by the ethical rules and legislation that are relevant in their area.

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