"The Conflict between a Lawyer's own Personal Morality and his Duties to the Client and the Court."
Date Submitted: 05/06/2003 02:14:58
Category: / Law & Government / Law Issues
Length: 10 pages (2759 words)
Category: / Law & Government / Law Issues
Length: 10 pages (2759 words)
This question tackles one of the fundamental questions in Legal Ethics. Is the lawyer's primary duty to establish the truth, or is it to get the best result for his client? In other words, does the lawyer represent the court or his client, and does either of these approaches favour justice? The problems which this issue can cause are seen in the three main areas of Legal Ethics, namely Confidentiality and Privilege, Conflicts of Interest …
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…W. 2d .704
R. Black, A Question of Confidence (1982) 27 JLSS 299
David G. Bress, A view of Defense Counsel's Responsibility 64 Mich. Law Rev. 1493 (1966)
Monroe H. Freedman, The Three Hardest Questions 64 Mich. Law Rev. 1469 (1966)
John T. Noonan, Jr, The Purposes of Advocacy and the Limits of Confidentiality 64 Mich. Law Rev. 1485 (1966)
D. O'Donnell, A Question of Privilege (1997) SLPQ 162
D. O'Donnell, R. v. Derby Magistrates Court, ex parte B (1998) SLPQ 75
A. Zuckerman, Legal Professional Privilege- the Cost of Absolutism (1996) 112 LQR 535
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