Discussion Questions

Draft a response to each of the bulleted questions below. Each question must have its own response and have a minimum of 75 words.

1.       What is the difference between the role of a lawyer as a legal agent and as a moral agent? Provide examples of both. Which role would you prefer if you were a client? Which role would you prefer if you were a victim? Are the two mutually exclusive? Explain.

2.       Should a criminal defense attorney be sanctioned for developing a sexual relationship with a current client? What if the attorney­-client relationship is over? What if a relationship develops between a prosecutor and a victim? What about a prosecutor and a police officer assigned to the same pending case, a probation officer and probationer, or a correctional officer and an inmate? Explain your answers.

3.       Compare and contrast the roles of prosecutor and defense attorney, and highlight the similarities and differences in respective ethical obligations.

4.       Is the job of a defense attorney unethical? Why? 

5.       If a defense attorney knows that his or her client is guilty, should the attorney’s representation of the defendant differ from the attorney’s representation of another client whose guilt is not known, or a client who is believed to be innocent?

6.       Of prosecutors, defense attorneys, and judges whose role is more critical to the courts?

7.       Of prosecutors, defense attorneys, and judges whose role has a higher level of ethical expectations?

8.    Why is the attorney-client privilege protected?