How should I respond back to my professor?

John, this is how a defense attorney approaches a case... "However, the defense lawyer may not lie to the judge or jury by specifically stating that the defendant did not do something the lawyer knows the defendant did do. (On the other hand, the lawyer cannot admit guilt against the client's wishes.) Rather, the lawyer's trial tactics and arguments must focus on the government's failure to prove all theelementsof the crime." https://www.nolo.com/legal-encyclopedia/representing-client-whom-the-lawyer-thinks-is-guilty.html Your thoughts?

https://www.nolo.com/legal-encyclopedia/plead-go-trial-who-decides-how-decide.html

https://www.nolo.com/legal-encyclopedia/representing-client-whom-the-lawyer-thinks-is-guilty.html

MY DISCUSSION POST HE RESPONDED TO BELOW:

Defense attorneys play a crucial role in the legal system, primarily tasked with ensuring that every individual accused of a crime receives a fair and vigorous defense. This responsibility is anchored in the principle of presumption of innocence, which asserts that a defendant is considered innocent until proven guilty beyond a reasonable doubt (ABA, 2018). Defense lawyers are ethically obligated to provide competent representation, which includes conducting thorough investigations, maintaining open communication with clients, and advocating zealously on their behalf, regardless of personal beliefs about the client's guilt or innocence.

Defense attorneys must navigate several ethical obligations:

• Zealous Representation: They must advocate for their client's interests, even when it involves unpopular or morally challenging cases. This includes challenging evidence and presenting legal arguments effectively in court.
• Confidentiality: Maintaining attorney-client privilege is paramount. Defense lawyers cannot disclose any information shared by the client, even if this knowledge complicates their moral stance or could potentially harm third parties.
• Conflict of Interest: Attorneys must avoid situations where their ability to represent a client may be compromised by competing interests, whether personal or professional.

Defense attorneys are generally expected to pursue their clients' wishes, even if they believe those wishes may not align with the client's best interests. This principle is rooted in the respect for client autonomy and the right to make decisions regarding one's own defense strategy. However, attorneys must also ensure that they do not facilitate any illegal actions or unethical behavior. The ethical obligation is to provide informed advice while ultimately allowing the client to make the final decision regarding their defense. If pursuing a client's wishes could potentially harm a third party (but is not illegal), the attorney faces an ethical dilemma. While confidentiality remains critical, attorneys may need to weigh the potential harm against their duty to represent the client vigorously. In some cases, it might be appropriate for the attorney to discuss these implications with the client, encouraging them to consider alternative actions that would not endanger others. Ultimately, however, if no laws are being broken, the attorney's primary duty remains to the client.

Defense attorneys are bound by confidentiality rules that protect all communications with clients (ABA, n.d.). This obligation persists even if a client is involved in ongoing criminal activity that is not inherently dangerous. The rationale behind this strict confidentiality is to foster an environment where clients can speak freely without fear of repercussions, thereby ensuring effective legal representation. However, ethical guidelines suggest that if an attorney becomes aware of ongoing criminal activity that poses significant harm to others (e.g., violent crimes), they may have a duty to disclose this information under certain circumstances. In cases where the activity does not pose an immediate danger, maintaining confidentiality remains essential.In summary, defense attorneys navigate complex ethical landscapes while fulfilling their role as advocates for justice. Their responsibilities include upholding client autonomy, maintaining confidentiality, and ensuring that every accused individual receives a fair trialprinciples fundamental to the integrity of the legal system.