Candor Towards the Tribunal
Instructions
I have given you another link to an American Bar Association (ABA) Model Rules of Professional Conduct. To answer these questions, you will need to read the rules that deal with the duty of candor toward the tribunal, or court. Read rules 3.3, 3.4, and 3.8, and feel free to do outside research as well. Then answer these questions: 1. You work for a defense attorney who is too busy to spend much time on this brief, which is a motion to suppress evidence seized from the client pursuant to a search warrant. Several cases are adverse to the client's interests, given the facts of the case. Must you disclose these cases to the court? What about the material facts that are unfavorable to the client? If the attorney is required to address the cases and the facts in the brief and in the oral argument, how might she minimize the damage to the client's case? 2. You work for a prosecutor in a serious criminal case involving what appears to be a coerced confession. You also find out that the defendant in the case was never read his Miranda rights before the police began the custodial interrogation which resulted in a detailed confession. There is other evidence linking the defendant to the crime that was discovered, both before and after the confession (the evidence discovered after the confession was discovered as a direct result of the confession). What are your boss' disclosure duties? You are sure the defendant is guilty.
Answer
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