Word: client
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Dates: during 1960-1969
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...right to speak even if he is dead wrong-and he is. But the public is misled about the role of defense lawyers at a time when this role is so vital. There is no valid difference of opinion on whether or not a lawyer should allow his client to commit perjury. The Canons of Ethics are not ambiguous here: Canon 15 commands that the lawyer "obey his own conscience and not that of his client." No duty owed the client by the lawyer or the adversary system requires a lawyer to lie or permit his client...
Regardless of his actual guilt, notes Freedman, the U.S. defendant is presumed innocent until the prosecution proves him guilty beyond a reasonable doubt. As a result, the defendant may remain silent-while the jury scrutinizes his lawyer's every word for any hint of doubt as to his client's innocence. In this situation, says Freedman, the lawyer's moral dilemma is compounded by the American Bar Association's 1908 Canons of Ethics. While Canon 22 requires "candor" toward the court, Canon 37 tells the lawyer "to preserve his client's confidences," and Canon...
...presumption of innocence, most jurors tend to presume guilt in a defendant who shuns the stand. To keep him off "will most seriously prejudice his case." The lawyer may quit the case, of course, but he may also have to tell the judge his reason-in effect, declare his client guilty. Thus, says Freedman, morality may sometimes require perjury...
...defense, and you will be most likely electrocuted. On the other hand, if you acted in a blind rage, there is a possibility of saving your life. Think it over, and we will talk about it tomorrow." Is this unethical? Even though perjury may result, says Freedman, "the client is entitled to know this information and to make his own decision as to whether to act upon...
...threatening to reveal her identity and spoil the Governor's bid for the White House, she plays her big courtroom scene, helped along by her son (Keir Dullea), now a clear-eyed young defense attorney. He never really knows the truth but senses, somehow, that his client was once a very snappy number. Contemporary observers attending the trials of Madame X will merely note that the poor girl's hand-me-down heartaches have worn rather thin...