Question
Facts and opinions (Cite work, so i can go back and look into the articles read to gain more knowledge) Topic :Refer to the Buried
Facts and opinions (Cite work, so i can go back and look into the articles read to gain more knowledge)
Topic:Refer to the "Buried Bodies Case" in your textbook. Robert Garrow's attorneys, Armani & Belge, faced an ethical dilemma based on the information they received from their client. Did the attorneys act ethically, what could/should they have done differently, and why is the attorney-client privilege so important to our justice system?
Post 1:
Regarding theattorney-client privilege in this case, the attorneys were acting ethically. Information about a client that an attorney obtains through the attorney-client relationship is protected by the ethical obligation of confidentiality, which precludes the attorney from releasing the information to any third party or exploiting it for personal advantage. Any attorney who violates client confidentiality runs the risk of being disbarred. Belge should not have bothered the victim's remains. The privilege maintained by attorneys and their clients is an essential component of our legal system. It helps guarantee that those accused of crimes have access to legal representation that is both effective and fair and that they are able to communicate openly and honestly with their attorneys without fear of reprisal for doing so ("What Is Attorney-Client Privilege, and Why Does It Matter in Criminal Cases? - Skokie IL Criminal Defense"). In the reading, I felt the same way as the students did, should there have been a call made anonymously so that the parents of the victims would be at peace and so that there could be a burial? This must be a very hard thing to deal with internally. Knowing what you know (in this case) and not being able to say anything because you took an oath.
"What Is Attorney-Client Privilege, and Why Does It Matter in Criminal Cases? - Skokie IL Criminal Defense." ILDefense.com, 13 Jan. 2023, ildefense.com/lawyer/2023/01/13/law/what-is-attorney-client-privilege-and-why-does-it-matter-in-criminal-cases/#:~:text=Attorney%2Dclient%20privilege%20is%20a. Accessed 1 Oct. 2023.
Pollock, Joycelyn M. Ethical Dilemmas and Decisions in Criminal Justice. Cengage Learning, 2016.
Post 2:
Analyzing the "Buried Bodies Case" through the steps for evaluating an ethical dilemma helps provide a justification for the attorneys' decision to uphold their duty of confidentiality. First, in identifying the ethical dilemma, it's clear that Armani and Belge faced a stark conflict between their professional duty to maintain client confidentiality and the moral responsibility to alleviate the suffering of grieving families by revealing information that could help locate the missing victims' bodies. The attorneys believed that their primary ethical duty was to their client, Robert Garrow, and they were concerned that violating confidentiality could set a dangerous precedent undermining trust in the attorney-client relationship. In the evaluation of alternative courses of action, Armani and Belge may have considered various options, including negotiating with Garrow to disclose the information voluntarily or seeking legal ethics experts' guidance. However, their firm commitment to preserving client confidentiality led them to keep the information confidential, demonstrating a strong belief in the principle of maintaining trust and confidentiality in the attorney-client relationship. Ultimately, they believed that the duty of confidentiality took precedence over the moral obligation to report the crimes. While the public's reaction showed a strong desire for the attorneys to act differently, it highlights the ethical dilemma inherent in balancing professional duties and moral obligations. Their actions were consistent with their duty to the client and their interpretation of the ethical guidelines at the time.
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