Ethical Dilemma in a Court Case - Essay Example

Ethical dilemma in court case Introduction The legal profession is faced with various challenges and this cuts across the expectations of the individuals to be fulfilled by the law and issues relating to client representation. Expectations by the law include the process of continuous education, registration issues and being informed of any legal changes regarding their area of specialization. Issues relating to client representation include the confidentiality of the client confessions, fraud or even conflicts of interest. It puts attorneys at position in which they have to deal with these issues in accordance with the state laws. This is the same scenario in this discussion. The problem An attorney is faced with a scenario in which the client he is representing has pleaded guilty to a murder of a five year old boy (Kuschnik, 2009). The attorney then learns of a family looking for a missing boy. It puts the attorney at a position in which he has to maintain confidentiality of information though at the same period he would need to maintain his moral obligations of helping out the family. Again, given the fact that the client has confessed to the murder of some boy automatically rules out the question of the attorney convincing his client to confess the truth. Explanation of the problem In both instances, the attorney has to maintain neutrality while at the same time he is not expected to contradict on his client’s representation. He has to weigh his options and in every action he takes he has to uphold his legal responsibility to his client even if he knows that he is guilty. If he contravenes any legal requirement then he risks being disbarred and if he sits on this information then it will not go well with his conscience (Kuschnik, 2009). Thus it stretches upsurge to the query whether he should listen to his moral obligations and breach the confidentiality rules so as to help the family or whether he should stick to his legal obligations only. What is evident is the fact that this situation seems to put him at a point in which he has to sacrifice either of what he values. The law on confidentiality The lawyer is not expected to reveal any information that he acquires from his clients during his professional sessions unless the client is willing to let him do so. A lawyer can also reveal this information only to an extent in which according to their judgment is deemed necessary. Though, this has to be taken out in method that is amenable with the rules of professional conduct, the law or court order, it has to be guided by the prevention of crime by the client or reasonably prevent some sort of crime or harm to a person (Kuschnik 2009). At no point is the attorney expected to reveal any information regarding their clients if the client does not allow this. This confidentiality still continues even beyond the termination of the client-attorney relationship. However, in case of a deceased client, their certain provisions for that in the law. In this particular scenario, suppose the attorney decides to aid in the hunt for the kidnapped boy, he will at some point be giving leads to where and how the boy can be found. This will be revealing information from his client and is a breach of the client confidentiality. He risks being disbarred. On the other hand, he cannot reveal this information in a court of law since it will still be a breach of confidentiality. Similarly, the client will not be willing to testify and so convincing him to own up to his actions will not work in any way. Possible solutions of ethical dilemmas in court decisions There are two likely scenarios that will occur in the event that a lawyer is faced with an ethical issues. First, if the attorney is faced with an ethical dilemma and they feel that taking an action on behalf of the client is wrong and furthermore they are not able to single out the problem, they attorney should follow their instincts (Shapiro 2005). If the issue is time sensitive then the attorney has the option of discussing the issue with the judge and this is bound to result into a case adjournment so as to allow the attorney time to consult with other attorneys or seek information about decisions made in similar incidences. Secondly, the lawyer could be faced with a situation of ethical misconduct in such scenarios. This will arise when another attorney reports the attorney to a tribunal or any other relevant body that is accused with the accountability of taking action against such violations. In the event that this happens, the attorney could consider obtaining a counsel since representing one self is not a viable option considering the fact that such an attorney is close to the issues raised (Shapiro 2006). Another way is through cooperation with the courts grievances to create a positive picture of the attorney facing such charges. For instance, any delay in presenting a document or making appearance negatively impacts on the hearing of the case (Shapiro, 2005). During such times, as an attorney one also needs to be careful since any statement will be used against you. The written responses should also be done in the most professional manner while only giving relevant information. Solving this case This particular scenario could be addressed by weighing the options that the attorney has. In the first case, the confidentiality laws confines him to use the information he has only if it will protect his client although at the same time the law allows him to disclose information if his actions will help in preventing the any possible physical harm or commission of a crime by the client. The reasons for the client committing the crime are not known and also the circumstances that led to the crime are also not clear (Shapiro, 2005). The client has also not stated whether they regret committing the crime or not. It might be a happenstance or it could also be a fact that the client actually committed the crime. From a lawful point of observation, the attorney can choose to ignore the help to the family looking for the abducted son and proceed to protect his client arguing that there is no sufficient evidence to support the case. Basing his decisions from a moral perspective, the attorney can opt to reveal the information on grounds that his client is not in a stable condition and is likely to commit the offense again (Shapiro, 2005). He will stand-in in accord with the requirements of the law although he will have to bear the burden of proof. Eventually, it could rest well with his conscience but he will definitely be disbarred if he proceeds with such an action. He will have helped the family to get their son if evidence supports the fact that he is responsible for the murder. Another option is that the attorney can opt for an out of the court settlement with the client and the family of the abducted son. This might prove tough but depending on the terms and the conditions of the deal, an agreement can be reached (Shapiro, 2005). The attorney could explain his situation to the family and only offer information to the authorities in exchange for disclosure of information. In both cases, the all the parties involved will have to compromise on something for the deal to go through. The family will have to weigh between getting their son or knowing what happened to their son. The authorities will have to treat the attorney as a special witness to the case and only offer their assistance to the family by getting the body of their son. The client being represented in this case also risks winning or losing the case given the fact that as the attorney the case is taking a toll on my conscience. I would go for the last option in which all the parties concerned settle for an out of court agreement. With this option, I get to retain may job and still carry on with the case and it also upholds my moral obligation to a family that was in need of my help. Bibliography Shapiro, D. (January 01, 2005). Ethical Dilemmas in Competency for Execution Evaluations. Journal of Forensic Psychology Practice, 5, 4, 75-82. Shapiro, D. (October 01, 2006). Ethical dilemmas in competency for execution evaluations. Violence & Abuse Abstracts, 12, 4.) Kuschnik, B. (January 01, 2009). International criminal due process in the making: New tendencies in the law of non-disclosure in the proceedings before the ICC. International Criminal Law Review, 91, 157-185. Read More