Question
Following are three scenarios in which the limits of the adversary system may be tested by attorneys advocating zealously for their clients. For each of
Following are three scenarios in which the limits of the adversary system may be tested by attorneys advocating zealously for their clients. For each of the scenarios, write two-three paragraphs about the issue. Include the following in your discussion, for each scenario:
a) The applicable Model Rule(s) that have been violated, with a full explanation;
b) A suggestion about how the lawyer should have advocated for his/her client within the ethical rules.
1. Alan Attorney represents Felix, who has been indicted on burglary charges. During the course of pre-trial discovery, Alan learns that Felix's alibi is a lie, and that Matt, one of Felix's friends, is thinking about telling Priscilla Prosecutor. Alan knows that if Priscilla Prosecutor gets this information, his client's conviction will be all but assured. He makes a visit to Matt Friend and persuades him to keep the incriminating information to himself.
2. Lily Lawyer has just been retained by Connor Crasher, who is being sued by Henry Hiker because of injuries he sustained when Connor plowed him down in a crosswalk. Lily thinks that Henry's attorney, Bryan Bigfirm, is arrogant and pompous, and she doesn't like Bryan much either. Lily begins calling Bryan every day and harasses him on the phone. But she doesn't stop there; she also calls Henry, saying she knows he's exaggerating his injuries and is just out to get her client.
3. Greg Greedy represents Councilman Chuck Crook, who's suing the Small Town Gazette for defamation after the Gazette published an unflattering article about Chuck. Greg knows the article is probably true, but he thinks it would be a great idea to influence public opinion in Chuck's favor. He begins sending out hourly tweets about what a great guy Chuck is, about all the good he's done for his district and about how he'd never hurt a fly.
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