Media Ethics - Lawyers - Essay Example

Media Analysis al Affiliation) Media Ethics: Lawyers The professional ethics of modern lawyers, as depicted in the literature, television, and films, creates a clear distinction between specific acts and professional and personal character. The perception of lawyers in the contemporary popular culture is nuanced and complex as opposed to the older treatments. This allows the legal academics, law students, and lawyers to properly examine micro-behavioral choices and violation of ethical rules, in addition to macro-professional philosophies and choices within the career and character in different plot treatments and contexts. Recent popular culture also establishes a clear contrast between professional ethics treatments and the literary examinations of the moral choices of other professions and those of lawyers. However, regardless of how much the modern media shows lawyers as more of villains as compared to heroes, it is evident that a great diversity exists between the work settings and the demographics of lawyers. As such, there is a shift in focus towards the ethical choices faced by lawyers in relation to their sociological complexity; as related to the previous perception of such a subject. This paper reviews an ethical analysis of a lawyer as depicted in movies and storybooks. Ethical Dilemmas The Movie Lawyer Mr. Shawn, a lawyer in Illinois, according to a movie, is trying to place his feet firm in the game and to gain a name in the law industry. He intends to create a reputation for winning cases to attract more clients and even a job with a large firm. Shawn finds the easiest way out of proving himself that involves bribing fact witnesses with money to give false testimonies before the court. He attracts several clients, especially law breakers who are also looking for a way to avoid jail term. He wins a series of cases that earns him a reputation in the industry. In addition, he is employed by ‘Jennifer and Lloyd Advocates,’ one of the largest law firms in town, as an associate. He holds onto his vice allowing him to register a number of significant wins with the new firm but time finally catches up with him when he tries to bribe the judge due to lack of witnesses to defend a murderer. He faces prosecution after investigations tie him to some of the bribery cases license, and his license revoked. The Novel Lawyer A novel tells of a kind and diligent lawyer, married with two children, who works tirelessly to put evidence together to protect a house cleaner physically abused by his billionaire master. The lawyer shows so much kindness and care to the client with an intention of helping her get justice. Due to the closeness, and the problem the lawyer is facing at home with the wife, the lawyer falls in love with the client and they engage in a sexual relationship. On discovering the lawyer’s relationship with the client, the court revoked his license arguing that he was more concerned with his interests as compared to those of his client. Unethical Actions In the movie, Mr. Shawn exhibits a series of unethical activities through bribing the witness to lie to the court to set free individuals involved in crime. Most states have established clear rules that make bribing of witnesses or potential witnesses a crime against the state. For instance, in California, section 137(a) of the Penal Code emphasizes that an individual who offers, gives, or makes a promise of any form of bribe to a witness or another individual that is to be called upon to testify in relation to a given case, to convince them to a certain agreement or understanding commits a felony (National Council of State Legislators, 2015). Shawn bars the truth from the court from obtaining the truth and deceives the court to let an individual to get away with a crime. Shawn’s actions go against the code of ethics that upholds honesty, as he tried to influence the decisions of the judge by attempting to bribe him. On the other hand, the lawyer in the novel, also acted outside the code of ethics by engaging in a sexual relationship with the client. According to the American Bar Association, attorney-client sexual relations present a major ethical problem that has the potential to impair the ability of the lawyer to represent his or her clients adequately (Jenness, 2007). The attorney-client sexual relationship undermines the objective detachment required for legal representation stipulated by the Standing Committee on Ethics. In addition, this creates a conflict of interest within a case and undermines the Attorney-Client Privilege. It ensures that there is adequate confidentiality between the communications of a client and an attorney. As such, in case there are any secrets that exposed to a lawyer by his or her client outside the legal partnership, such secrets cannot be protected under the Attorney-Client Privilege (Jenness, 2007). Alternative Actions In most states, the law allows for paying of expert witnesses for their opinions, including doctors, psychologists, counselors, and engineers, among others. However, it is against ethics to pay fact of percipient witnesses in line with them offering their testimony (National Council of State Legislators, 2015). As such, paying them would influence the truth in their testimony. In the movie, Shawn committed a misconduct when he bribed witnesses and even attempted to bribe the judge. Lacking witnesses in his cases, he should have focused on gathering contextual evidence and finding expert witnesses who would help the court in understanding why some of the situations happened the way they did. In the view of upholding the tribunal as provided for in Rule 3.3 of the American Bar Association, Shawn should have advised his clients, most of who were guilty of the charges against them, to tell the truth to the court (National Council of State Legislators, 2015). He ought to have avoided examining them in a way that would facilitate lies. On the other hand, the lawyer from the novel ought to have referred the case to a different attorney before engaging in any sexual relationship with the client(Jenness, 2007). Alternatively, he should have concentrated on the case and only engage in a relationship with the client after the case was over. This would prevent possibilities of conflict of interest within the case. Response to Misconduct According to the state, the set standards that govern the ethics of lawyers provide for penalties in case of a violation of the ethical standards. These penalties range from fines to imprisonment according to the categorization of the offenses(National Council of State Legislators, 2015). For instance, in the movie, the lawyer’s license is revoked upon discovering that he had gone against the ethical standards. In addition, the lawyer is prosecuted to determine the felony committed and offer judgment according, which could comprise of a jail term, a fine, or both. On the other hand, the lawyer in the novel loses his license based as a result of his sexual relationship with his client. As such, the ethical standards provide a framework within which lawyers work towards the integrity of their profession and the general good of the society. Ethical Theories Deontology Immanuel Kant suggested that a set of moral rules that are unbreakable govern life’s most significant aspects. As such, these rules should not be broken regardless of how much they may improve an outcome if broken (Birsch, 2013). In relation to the case of the movie, one of such rules is that fact witnesses and judges or members of the jury should not be influenced in any way including bribery to change their perception or decision within a case. As much as bribing witnesses improves the situation of Shawn’s clients and puts him on the map of practicing law, it is an approach that breaches the set rules and should not be adopted. Virtue Theory This theory originates from the traits discussed by Plato, Thomas Aquinas, and Aristotle. These include cross-cultural and timeless virtues such as temperance, courage, justice, wisdom, charity, and faith (Birsch, 2013). The theory looks at what an individual thought as good would do in certain situations. In relation to Shawn’s case, saying of the truth concerning his clients would promote justice. On the other hand, the lawyer in the novel required wisdom to limit his relationship with the client to professionalism until after the case closes. Even then, being a married man, he should have obtained a divorce first before engaging the billionaire’s maid sexually. References Birsch, D. (2013). Introduction to Ethical Theories: A Procedural Approach. Long Grove, Illinois: Waveland Press. Jenness, E. A. (2007). Attorney-Client Intimacy: Too Hot to Handle? County Bar Update, 27(6). National Council of State Legislators. (2015, February 2). Penalties for Violations of State Ethics and Public Corruption Laws. Retrieved from NCSL: http://www.ncsl.org/research/ethics/50-state-chart-criminal-penalties-for-public-corr.aspx Read More