Question
Scenario Mr Bellamy isa barrister and he has been appearing in court for the past few days, representing Zack Johnson.The court hearing has been adjourned
Scenario
Mr Bellamy isa barrister and he has been appearing in court for the past few days, representing Zack Johnson.The court hearing has been adjourned until tomorrow and Mr Bellamy is walking back to the Chambers where he works.On the way, he receives a telephone call from Zack Johnson. Zack has finished giving his evidence in court but he now informs Mr Bellamy that part of his evidence was a lie.If this becomes known, then it will be very detrimental to Zack's case.After the telephone call ends, Mr Bellamy feels like he is in a terrible professional predicament as to whether he should reveal this information to the court tomorrow.
When Mr Bellamy eventually arrives at the Chambers, his clerk tells him that there are some brand new instructions on a totally different case.The new instructions are for Mr Bellamy to represent a woman called Florence.The police have arrested and charged Florence with an alleged public order offence, including an alleged assault on an anti-abortion campaigner.The alleged victim had been protesting outside an abortion clinic. Florence denies all the charges and intends to plead "not guilty" at trial.Mr Bellamy has often successfully defended people accused of public order and assault offences, but as a Roman Catholic he has strong personal views against abortion.Mr Bellamy therefore does not want to represent Florence but he is unsure if he is entitled to refuse to accept the instructions.
Questions:
1.In relation to Zack Johnson's court case, what, if anything, should Mr Bellamy do?Your answer should explainwhat his professional obligations are in this situation and whether it would make a difference if Zack Johnson's court case is a criminal case or a civil case.
Explain what types of ethics/morality the problem illustrates and how this creates problems in relation to Mr Bellamy's professional obligations.
[50%]
2.In relation to the new instructions to represent Florence, what are Mr Bellamy's professional obligations in this situation?Are there are any situations where Mr Bellamy would be entitled to refuse to represent Florence in court?Explain your answer?
Explain what types of ethics/morality does the problem illustrateand how this creates problems in relation to Mr Bellamy's professional obligations.
[50%]
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