Topic > Ethical Duties of Legal Counsel - 1114

Ethical Duties of Legal Counsel The US criminal justice system is considered an adversarial system consisting of two parties, the prosecution and the defense. Both parties are deemed to enter the process on an equal basis and present evidence to represent and help support their case. However, during the proceedings both the prosecution and the defense have two very different roles, responsibilities and ethical duties, which tends to cast doubt on whether both parties remain equal. The role of the defense is to ensure that the prosecution proves its case with sensible arguments, real evidence, and solid testimony; highlight facts on which the State has not proven guilt; ensure that the accused receives a fair trial and that his or her rights are not violated. Even if the defense is aware that their client is guilty of a crime, they must continue to fairly represent the accused and attempt to refute the prosecution's case in an attempt to prove innocence. In the recent fictional film, The Lincoln Lawyer, starring Matthew Mcconaughey as a highly paid defense lawyer, story writers create an ethical dilemma for Mcconaughey when he uncovers evidence and receives a confession that his current client, whom he is defending from accused of rape, not only is he guilty of rape but he is also responsible for a murder that sent one of his former clients to prison. McConaughey now faces a serious ethical situation when he discovers that his former client is an innocent man imprisoned for his current client's wrongdoings and who, due to attorney-client privilege, is on the verge of acquittal. This is a great example of how the role of the defense as a lawyer can be contradictory to the professional obligations that must be respected, such as, for example, being...... half of the document ......011.L 'Lawyer Lincoln. Director Brad Furmann. Perf. Matthew McConaughey, Marisa Tomei and Ryan Phillippe. Lionsgate Film, 2011. Film.Meagher, Williams R. “A Critique of Lawyer Ethics in an Adversary System.” Fordham Urban Law Journal 3rd ser. 4.2 (1975): 289-301. Berkley Electronic Press. Network. August 7, 2011. .Setrakian, Lara. "Former Duke Nifong Attorney Disbarred - ABC News." ABC News Law and Justice Unit. ABC News, June 16, 2007. Web. Aug. 7, 2011. .Roberson, Cliff, Harvey Wallace, and Gilbert B. Stuckey. Procedures in the judicial system. Upper Saddle River, NJ: Prentice Hall, 2010. Print.