Saint Leo University Rule of Confidentiality Paper

User Generated

wo1211

Writing

CRJ530

Saint Leo University

Description

You are a court appointed attorney for an alleged murderer. During one of your attorney - client meetings, the accused discloses the fact one week ago he abducted a 5 year old boy from a local playground, murdered him and buried the remains behind his house. After your interview with him, you find an article in a local newspaper where a mother is pleading for information about her missing son. You are currently faced with an ethical dilemma. The information you received was provided in confidence during an attorney-client meeting, and you would be disbarred if you revealed this information. Your assignment is to write a response on what you would do in this situation. The response you provide is to be supported by research. NOTE: With this situation, your client will not disclose the information; therefore, attempting to convince him would not work, so do not focus on having your client do the right thing. Your paper should go beyond the obvious, and must be no less than 1200 words. You must use no less than three additional resources (other than your required text) that support your position. All resources used must be properly cited using the APA style. For credit, in your response, you must include at least three journal articles that support your information. Remember, all resources including, but not limited to, journals, magazines, and/or books must be properly cited using the APA style. Make sure that you follow the exact way to cite your references. S

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Explanation & Answer

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Running Head: RULE OF CONFIDENTIALITY

1

Ethical Dilemma
Rule of Confidentiality
Institution
Name
Course
Instructor
Date

RULE OF CONFIDENTIALITY

2

Ethical Dilemma
Strictly speaking, rule 1.6, the confidentiality of information regarding client-lawyer
relationships according to the American Bar Association disseminates key duties to attorneys
concerning using certain information that may disadvantage their clients, now and in the
future. Rule 1.9 © (2) for lawyers duty relates to the full representation of the client during
the trial concerning the information that prospective client provides. A fundamental principle
in this rule is that the attorney should not reveal any information provided by the client
without informed consent. This is a hallmark of trust in client-lawyer relationships to
preserve the subject matter and preserve the dignity of judicial proceeding (Simon, 2017).
Even though there are special circumstances when the attorney may reveal information
provided by the client without exception, maintaining the work-product doctrine is a good
start in this case.
Summary
In this case, my client reveals that he abducted a 5-year old boy from the school
playing ground, murdered him and buried his remains behind his house. Coincidentally, I
found a newspaper article where a mother is pleading for any information about her son. This
case juggles between confidential rules, adverse disclosure and condor towards tribunal. In
my own opinion, I prioritize confidentiality and client privilege. As an attorney, client
information should not be disclosed unless under special circumstances ordered by the court.
personally, I would proceed with client representation, carefully handling ethics and
protecting the rights of my client and third parties to ensure a strong persuasive force to
defend my client. Beyond defense, I will prove that all witnesses are wrong to prove my
client innocent beyond a reasonable doubt. All suspects including murder suspects have
constitutional rights...


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