How Lawyers Can Avoid Ethical Problems When Prepar

How Lawyers Can Avoid Ethical Problems When Preparing for and Handling Criminal Defense Litigation

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How Lawyers Can Avoid Ethical Problems When Preparing for and Handling Criminal Defense Litigation

INSTRUCTIONS:

You have been asked by the senior partner in your law firm to prepare a brief memorandum (2-4 pages) for the lawyers in your firm as to how to avoid ethical problems when preparing for and handling criminal defense litigation. Think carefully about the ethical issues which may arise in such litigation once the client has agreed to representation, and in particular situations where (a) you have been asked by the client to present an alibi witness who may be lying, (b) you know your client will not tell the truth when she takes the stand, and (c) your client promised to tell the truth but then lied on the stand. Include your suggestions as to the appropriate conduct necessary to avoid the problems. Focus on the direction given in the relevant rules, Comments, and materials in your text, including Supreme Court cases.

CONTENT:

How lawyers can avoid ethical problems when preparing for and handling criminal defense litigation Student: Professor: Course title: Date: MEMORANDUM TO: Senior Partner FROM: Junior Associate DATE: September 18, 2015 SUBJECT: How to avoid ethical problems in criminal defense litigation Lawyers often encounter ethical problems when they prepare for and handle criminal defense litigation. Defense counsel should understand how and when a lawyer has adequate knowledge of the client’s perjury to take the necessary action to remedy or prevent the efforts of the defendant to inject untrue evidence into the proceedings. An alibi witness who mi

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