Articles

Do attorneys have a moral obligation?

Do attorneys have a moral obligation?

A moral obligation of public justification is particularly appropriate for lawyers. It is proper, therefore, to publicly challenge lawyers to justify their representation of particular clients, and lawyers, within the bounds of zealous representation, are morally bound to respond.

Can lawyers have opinions?

Although advisory opinions are not binding, Rule 1-100 of the Rules of Professional Conduct encourages lawyers to consult advisory opinions for guidance. Advisory opinions also have been cited by California courts in analyzing professional responsibility issues.

Can a criminal defendant lawyer defend a client who thinks he/she is guilty?

Criminal defendant lawyers have often represented clients who they thought were guilty but who wished to plead not guilty. There is nothing wrong with defending a client who the lawyer believes is guilty, for the reasons set out below. 1. The lawyer is not the person who determines guilt or innocence

READ ALSO:   Which property resists change from a state of rest or of motion?

Why do lawyers not ask you if you committed a crime?

A defendant may have done the act in question, but the client may have a valid defense that would exonerate him. For these reasons, among others, defense lawyers often do not ask their clients if they committed the crime. Instead, the lawyer uses the facts to put on the best defense possible and leaves the question of guilt to the judge or jury.

Are criminal defense lawyers ethical or unethical?

While the line between ethical and unethical behavior may seem like—indeed, is—a fine one, it is a line that criminal defense lawyers walk every day on the job. Defense attorneys are ethically bound to zealously represent all clients, those whom they think will be justly found guilty as well as those whom they think are factually innocent.

Can a guilty person plead not guilty and avoid a trial?

Of course, the interests of justice will also have been furthered in that a guilty person will have been convicted and a trial will have been avoided. However, if the client listens to the lawyer’s advice and is adamant that they will nevertheless plead not guilty, the lawyer must accept their decision.