What Defense Lawyers Don't Want You To Know


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KD7ONE
May 12, 2007, 08:47 AM
Corpus Juris Secundum (Complete restatement of the entire body of American law) Volume 7, Section 4 states: An attorney occupies a dual position, which imposes dual obligations. His first duty is to the courts and the public, not to the client and wherever the duties to his client conflict with those he owes as an officer of the court in the administration of justice, the former must yield to the latter.

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El Tejon
May 12, 2007, 09:05 AM
Incorrect. An attorney's duty is to his client but that does not mean that he may violate the law or rules of professional conduct to serve the client.

I don't know where you got the idea that idea that CJS is anything more than a thumbnail summary, but you can look at the Rules of Professional Conduct for Montana here: http://www.montanabar.org/attyrulesandregs/pdfs/rpc.pdf

KD7ONE
May 12, 2007, 09:11 AM
I am only passing on what is in the book. I didn't write the book.

pcosmar
May 12, 2007, 09:22 AM
I just did a search and found a bit of information. Thank you for pointing this out.
It explains a lot. I have never had a good experience with lawyers.
I made the mistake of thinking they were working for me.

lysander
May 12, 2007, 09:31 AM
His first duty is to the courts and the public, not to the client and wherever the duties to his client conflict with those he owes as an officer of the court in the administration of justice, the former must yield to the latter.

This is supposed to be a good thing...because it is intended to prevent lawyers from collaborating with clients illegally to job the system. Basically what this means is that a defense attorney can't HELP his client break the law. Like El Tejon said...if you want to know the specifics of attorney/client relationships see the appropriate code of conduct in your state.

tmajors
May 12, 2007, 12:56 PM
The defense attorney's job is not to get the defendant found not-guilty. The defense attorney's job is to insure that the defendant gets a fair trial, no matter the verdict. Not guilty is completely secondary and not really the absolute goal.

KD7ONE
May 12, 2007, 01:05 PM
So, are they doing their job when they allow the judge to tell them that constitutional arguments are not allowed in court? Is that part of a fair trial? Not letting the jury be fully informed?

grimjaw
May 12, 2007, 01:15 PM
Somebody adjust the sights on this thread, it's hitting outside the gun ring.

jm

Art Eatman
May 12, 2007, 01:31 PM
This is the sort of question where the best information comes from the legal folks in a particular state.

Art

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