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Thread Part 1: A lawyer was hired to represent aclient on a speeding ticket. The
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Thread Part 1: A lawyer was hired to represent aclient on a speeding ticket. The client resided out of state, so the lawyerappeared in court on behalf of the client. On the day of trial, the lawyerargued to the court on behalf of the client and presented a clean drivingrecord to the court. The court agreed to take the matter under advisement withthe intention of dismissing the summons if the client paid court costs,maintained a clean driving record for six months, and completed a drivingsafety school. The court set a review date six months from trial to ensure thatthe client had completed all required steps.
One week before the review date, the lawyer made contactwith the client to ask if the client had completed all the imposedrequirements. The client indicated that all costs were paid, no new movingviolations had been received, but that the client had yet to complete thedriving school. In fact, the client had been busy and finally scheduled thedriving school for one week after the review date.
The lawyer explained to the client that this likely wasinsufficient and that the client could expect a guilty finding if the trafficschool was not completed. The lawyer asked the client to complete the trafficschool before the review date, and to make contact with the lawyer before thereview, to ensure that this was done. The client never contacted the lawyer.
The lawyer attempted to contact the client immediatelybefore the review, but the client did not return the lawyers call. On thereview date, the lawyer appeared before the court. Not having heard from theclient, the lawyer assumed but was not sure, that the client hadn’tfinished the traffic school and was waiting for the judge to enter a finding ofguilty. When the clients case was called, to the lawyers surprise, the judgestated, “It appears everything is done that needs to be, and nothing isleft to do other than enter a dismissal.”
Please answer this question: What ethical duties does thelawyer have to the court and to the client in this scenario? Discuss. Wouldyour answer change from the perspective of a biblical worldview? Wouldyour answer change if the lawyer knew that the client hadnot completed the traffic school?
Thread Part 2: Please answer this question:
The duty of confidentiality and the attorney-client privilegeare doctrines founded on the utilitarian principle that the justice system worksbest if clients can speak to their attorneys freely. Nevertheless, eachdoctrine recognizes several instances where the importance of disclosure isdeemed to outweigh the benefits of confidentiality. Should the death of aclient be a factor on the sale? Always, or under certain circumstances? If thelatter, what should these circumstances be?