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Old 09-09-2002, 11:58 AM   #1 (permalink)
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What is a lawyer's job?

Is a lawyers job to have you not found guilty?

Or are their jobs to ensure that the laws are fairly metered out?

Obviously if you are innocent their job is to get you off.

But in the case of guilt is their job to ensure that the jury hangs or comes up with a not guilty?

lawyers that I see seem to think that it is an all cost crusade to insure their client does no time. Is that really their job???

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Old 09-09-2002, 12:14 PM   #2 (permalink)
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Lawyers' first and only responsibility is to his client. If he thinks client is guilty and if the lawyer is a decent type, as most are, then he should refuse the case, no matter how much $$ or publicity is involved.
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Old 09-09-2002, 12:18 PM   #3 (permalink)
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Even if you think you client is guilty you can insure that they have a fair trial. So you should not have to refuse the case. You are still able to do that and know they are guilty. Their resonsibility is to their client but only in that they need to achive a fair trial and that sentencing is balanced. At least that is how I read their charter.
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Old 09-09-2002, 12:22 PM   #4 (permalink)
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Nope. Once a lawyer accepts a client, he has to give 100% to him. You are confusing lawyer with doctor. Doctor can't refuse. Lawyer can.

By the by you surfing in stealth/hidden mode? 'cause I see you post but you name is not on the list on top.

Why?
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Old 09-09-2002, 12:28 PM   #5 (permalink)
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A lawyer's primary duty is to his* client. If he cannot in good faith represent the client, he must step aside and let someone else do it. He may not lie on behalf of his client, or knowingly allow his client to lie; but he can certainly avoid knowing that his client is lying. If he knowingly acts in such a way that will oppose the best interests of his client (and trying to get him convicted is certainly so acting), he is acting unethically.

That doesn't mean a lawyer can't urge his client to plead guilty, if and only if that is in the client's best interest, as avoiding a long jail term or a death sentence may well be. Everyone is entitled to be represented by someone who will protect his interests. In China, one often sees defense lawyers merely parroting the prosecution's case, at most asking for mercy for the client; this is hardly representation.

I know you may not like the results of a particular case, especially when you think the bastard's obviously guilty. But that's what any decent justice system's about. There have been entirely too many people sentenced to death in this country who have turned out on the basis of later evidence (DNA, recanted testimony, perjury by forensic scientists) to have been actually innocent, rather than just wrongly convicted, for me to feel comfortable about calling anyone "obviously" guilty.

In this country, the single biggest factor in someone's getting the death penalty is not race, ethnic background, criminal record, or even poverty per se; it's inadequate representation. If your court-appointed lawyer is drunk or sleeps through the trial, if he's just represented your supposed victim, if he hasn't opened his mouth to raise a single objection, if he's let critical dates for filing an appeal slip by because it's not worth his time to check for the pittance the state will pay him, kiss your tuchis goodbye.

*For "his, "he", "him", read "hers", "she", "her" wherever you feel like it.
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Old 09-09-2002, 01:53 PM   #6 (permalink)
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Theo,

Is clouding a situation a proper tactic. In other words randomly trying to throw unrelated scenarios out to attempt to confuse the jury/ hang the jury. This is not seeking justice this is a form of lying.

I was on a jury trial of two drug dealers. The lawyer implied that the officer had planted the evidence. After the case I prompted the lawyer about their client. He asked if floating the crooked cop thing worked at all. I was horrified by the statement.

I feel for simply saying the stuff the lawyer should be in jail on slander charges.
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Old 09-09-2002, 02:00 PM   #7 (permalink)
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How can you put lawyers in jail? They are right up there with priests and doctors in what people think of them. Think of the uproar it would cause.

Lawyers are some of the finest and decent errrr.....people on the planet.

Jail a lawyer? Absurd.

Baaaah! Banish the thought.

Any other bright ideas?
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Old 09-09-2002, 02:34 PM   #8 (permalink)
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Epidemic, did the jury convict? Did the lawyer's attempt to throw dust in their eyes work? Were you and the other members of the jury as big fools as the lawyer thought? Or did the system in fact work?
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Old 09-09-2002, 03:27 PM   #9 (permalink)
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A lawyer's job is to rob you out of every dime you have.
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Old 09-09-2002, 03:54 PM   #10 (permalink)
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Quote:
Originally posted by ngc457
A lawyer's job is to rob you out of every dime you have.
I can't comment on criminal lawyers, but of divorce lawyers and civil-case lawyers, I can rant for days; and from my experience, the comment above is absolutely true.

I would add that they don't give a tinker's cuss about issues of right and wrong, either.

Also, with the advent of the computer age (and people trying to do it themselves,) the judges have been aiding their own profession by automatically finding AGAINST anyone attempting to represent themselves in court. The message is quite clear, (on the west coast, anyway,) if you don't pay a lawyer for your justice, you will lose your case.

It's legalized extortion. grrrr
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