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From: rcj@burl.UUCP
Newsgroups: net.legal
Subject: Re: "The client is always right" considered harmful
Message-ID: <301@burl.UUCP>
Date: Thu, 25-Aug-83 20:18:36 EDT
Article-I.D.: burl.301
Posted: Thu Aug 25 20:18:36 1983
Date-Received: Fri, 26-Aug-83 12:45:03 EDT
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Organization: Western Electric, Burlington, NC
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
....  But it means that "winning the case"
takes precedence over the outcome for society, because that is the only
avenue of expression for the lawyer.  S/he CANNOT take the inside evidence
and judge the case; that's the jury's job.
  Thus information that may well demand a verdict of guilty is witheld
by lawyers, as a normal part of their job.  Worse, it appears that this
"the client is always to be defended" attitude may cause some lawyers to
counsel their corporate clients in circumventing or even breaking the law,
to the clear detriment of society.  An example of this would be a lawyer
reviewing court settlements in auto accident cases to come up with an
expected cost figure of defective brakes to compare to the cost of recalling
the cars involved.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
If you want a very poignant statement about this very issue, catch
"And Justice for All" starring Al Pacino the next time it comes around.
In one scene (I hope I am remembering correctly), Al Pacino (a trial
lawyer) is at his girlfriend's apartment when a friend of his (also a
trial lawyer) comes staggering into the apartment very drunk.  It turns
out that he has just won "The Big Case", but he almost gets hysterical
when they try to congratulate him -- he got the guy off on a technicality
even though he knew that the guy was guilty (murder), and he had gone
out on the street and almost instantly killed someone else.

Another good point was brought out when Al Pacino was threatened with
disbarment (is that a word?) because he helped the police track down
a killer.  The guy was an old client of his, and he recognized the
fellow's MO and gave the police leads on where to find him.  This, to
the legal profession, is known as "violating confidence"; it has its
merits because it prevents people from being hassled unnecessarily.
But isn't there a time to draw the line (i.e., use good common sense)?

My only other rather-non-related point is a reply to Dave Sherman's
analogy of saying that a C programmer who uses fancy structures and
pointers that are incomprehensible to the novice is analogous to the
point many people are trying to make about lawyers.  Partially true,
but the question *CONSTANTLY* needs to be asked:  Are the C Programmer's
fancies enhancing the speed, decreasing the size, or doing something
desirable to the program?  Or are they there simply for show?

Think about it,
-- 

The MAD Programmer -- 919-228-3814 (Cornet 291)
alias: Curtis Jackson	...![ floyd sb1 mhuxv ]!burl!rcj