Question
Tasha is a seasoned attorney who represents wealthy clients accused of white-collar financial crimes. Stepping out of her element, she has agreed to represent Sergio
Tasha is a seasoned attorney who represents wealthy clients accused of white-collar financial crimes. Stepping out of her element, she has agreed to represent Sergio who was just arrested for stabbing a co-worker in her downtown office. The arrest is largely supported by an eyewitness account provided by Phillip, an elevator technician at the scene of the alleged crime. Tasha wants to investigate Phillip as a witness and decides to bring in her paralegal, Amber, to assist her. Tasha wants Amber to gain friendship with Phillip on Facebook because she knows Phillip would not willingly accept her friend request. Once achieved, Tasha instructs Amber to search for information that could be used to impeach Phillip's credibility as a witness.
What ethical problem or problems do you see in this scenario? Is Tasha crossing ethical bounds by asking Amber to do this? Is Amber acting unethically if she follows the directions given by the attorney? What should Amber do? What if Amber already knew Phillip, does this change your analysis? Suppose Phillip discovers the plan, to whom should he address his concerns?
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