Attorneys' Obligations

Essay by Dragonlover67College, UndergraduateA, May 2009

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First, if either attorney falls below the standard, as a result, the defendant and-or client's right to due process is compromised and therefore, he or she will not receive a fair trial. According to the Constitution, one has the right to be innocent until proven guilty and the right to a fair trial (Ethical Issues, p. 43. para. 5). Plea bargaining is known as a serious ethical concern whether it pertains to the defense or the prosecuting attorney. In fact, either attorneys' should not make false representations and-or statements in the course of a plea-bargaining discussions (p. 265).

Second, according to Thomson and Wadsworth (2005), defense and-or prosecution attorneys' have the responsibility to the client and-or defendant. Both attorneys' must assume his or her responsibilities without regard for personal interest or preference (Responsibility, p. 245. para. 2). This includes adequate cross-examination and presentation of evidence. For example, a defense attorney should never allow judgment and-or his opinion to be affected by his own property, business, personal, or political interests (p.

251. para 1).

A defense attorney practices the client-attorney privilege. He must never reveal information unless a client gives his consent. According to Thomson and Wadsworth (2005), an attorney is forbidden to use information for his own gain or to disclose any information to another individual (Confidentiality, p. 247. para. 2). Consequently, he must give complete assistance to his client. However, this is not likely to happen if the client does not give his attorney full disclosure.

A prosecutor will gather cases for formal prosecution while omitting many others. In fact, prosecution in every case is impossible, due to weak cases, limited resources, and unsupported laws (p. 260).According to Thomson and Wadsworth (2005), prosecutors have a huge scope when it comes to his or her mission. He is...