Ethical Litigation Scenario

398 words | 2 page(s)

Q1 Explain whether you have an ethical obligation to bring the motion to quash the confession obtained by the police. Be sure to identify and cite to all provisions of the Model Rules of Professional Conduct that influence and support your decision.
The lawyer does not have an obligation to reject as invalid the confession obtained by the police about the murder incident from Mr Mohamed. Despite that, the lawyers need to win the case in the client’s cause. He should act with competence and proper care representing the client. The judicial hearing should be carried out in a dignified manner aimed at safeguarding the rights of all parties. The lawyers are obliged to represent their clients zealously within the law. ABA Canons of professional ethics.

Rule 4.15 requires fairness in the conduct of the lawyer. It also forbids all manner of frauds in defense of the client. It also states that lawyers should always uphold integrity and not engage in any act injurious act to the court or the public interest (American Bar Association, 1992). The attorney general effort to win his client’s cause should be within the bounds of the law. Mr Mohamed made a confession that portrayed that his murder was intentional and therefore, it is unethical for the lawyer to quash the confession obtained by the police.

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Q2 Is he still entitled to seek the protections afforded by the 5th Amendment? In this regard, analyses the importance of the procedural guidelines embedded in the 5th Amendment and explain your conclusion.
The 5th amendment is a bill of right that prohibits the government official from abusing power during lethal proceedings. Additionally, it protects an individual against self-incrimination. Self-incrimination refers to exposing oneself by making statements to a charge of crime. Mr Mohamed is entitled to plead the Fifth Amendment; the Fifth Amendment will protect him from answering any question or provide information in regards to the committed crime. These rights state that when an individual is detained, he can choose to remain silent. The individual may choose not to provide information because it may be used to convict him of a criminal offense. The Fifth Amendment process applies when testifying in the court of law. One may refuse to give incriminating information unless they are under the oath of testifying in a court. Therefore, it is appropriate for Mr Muhammad to seek protection under the 5th amendment.

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