Discussion
Defense attorneys encounter ethical issues that arise in the areas of responsibility to the client (they must defend clients even if they believe they might be guilty), conflicts of interest (balancing an individual client against overall effectiveness as an attorney with a caseload of many), zealous defense (determining the limits of what should be done to defend clients), and confidentiality (keeping clients’ confidences even if it harms third parties).
Discuss the proper role of defense attorneys regarding their clients. Should defense attorneys pursue the wishes of their clients even if they think it is not in the client’s best interests?
What if it would hurt a third party (but not be illegal)? Do you think defense attorneys should maintain confidentiality if their clients are involved in ongoing criminal activity that is not inherently dangerous?
