Attorneys must maintain the highest ethical standards to avoid disciplinary action and to earn the trust of their clients. Ethical dilemmas often arise when communications with clients break down and misunderstandings result.
Ethical Dilemmas... Flashcards | Quizlet Ethical Dilemmas... Ethical dilemmas... exists when two or more rights, values, obligations, or responsibilities come in conflict. Conflict may arise between the nurses personal values and those of another person or the organization. what are some factors that contribute to ethical dilemmas?
Attorneys must maintain the highest ethical standards to avoid disciplinary action and to earn the trust of their clients. Ethical dilemmas often arise when communications with clients break down and misunderstandings result. A client-attorney relationship can be established inadvertently and with serious consequences.
Ethical dilemmas often arise when communications with clients break down and misunderstandings result. A client-attorney relationship can be established inadvertently and with serious consequences. If a person asks an attorney a legal question and the attorney provides information, a legal relationship may have been established.
What special pressures do defense attorneys face? Securing cases, collecting fees, persuading clients to accept pleas, having to lose most cases, maintaining working relationships with court officers, serving clients in unpleasant surroundings for little money, being negatively viewed by the public.
Terms in this set (39)private attorneys.court appealed counsel.public defenders.
defense attorney. the lawyer who advises, represents, and acts for the defendant ( or, in post-conviction proceedings, the offender)
The Defense Attorney These fall into three broad categories: assigned counsel, contract systems, and public defenders.
The Brady rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.
Basic Ethical Issues for Defense AttorneysAttorney-client privilege. This is where the thorniest ethical issues can start. ... Who to defend? Attorney-client privilege is pretty cut-and-dried. ... A zealous defense. ... A necessary role.
The primary duties that defense counsel owe to their clients, to the administration of justice, and as officers of the court, are to serve as their clients' counselor and advocate with courage and devotion; to ensure that constitutional and other legal rights of their clients are protected; and to render effective, ...
At each stage of the case, juvenile defense counsel acts as the client's voice in the proceedings, advocating for the client's expressed interests, not the client's “best interest” as deter- mined by counsel, the client's parents or guardian, the proba- tion officer, the prosecutor, or the judge.
When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocence, constitutional violations, self-defense, and insanity.
The role of the defense lawyer is to provide the best public legal counsel and advocacy within the legal and ethical limits of the profession. the procedures followed by courts to ensure that a defendant's constitutional rights are not violated.
Five Common Criminal DefensesAlibi Defense. The alibi defense consists of presenting evidence that the defendant was elsewhere at the time the crime was committed. ... Self-Defense. Self-defense was the key question raised in the recent George Zimmerman case. ... Insanity Defense. ... Entrapment Defense. ... “Under The Influence” Defense.
The primary duties that defense counsel owe to their clients, to the administration of justice, and as officers of the court, are to serve as their clients' counselor and advocate with courage and devotion; to ensure that constitutional and other legal rights of their clients are protected; and to render effective, ...
At each stage of the case, juvenile defense counsel acts as the client's voice in the proceedings, advocating for the client's expressed interests, not the client's “best interest” as deter- mined by counsel, the client's parents or guardian, the proba- tion officer, the prosecutor, or the judge.
The Sixth Amendment gives defendants the right to counsel in federal prosecutions. However, the right to counsel was not applied to state prosecutions for felony offenses until 1963 in Gideon v. Wainwright, 372 U.S. 335.
First and foremost, the Solicitor General serves the dual roles of advocate for the government and an officer of the Supreme Court. In the latter role, the Solicitor General is sometimes described as “the tenth Justice,” and he actually has an office in the Supreme Court building.
Study with Quizlet and memorize flashcards containing terms like Ethical Decision Making, Ethical dilemmas, Personal Ethical Dilemma and more.
30) When recognizing an ethical dilemma exists the practitioner must a) identify what ethical principles and standards are in conflict. b) protect the client from knowledge of this conflict.
30) When recognizing an ethical dilemma exists the practitioner must a) identify what ethical principles and standards are in conflict. b) protect the client from knowledge of this conflict.
Study with Quizlet and memorize flashcards containing terms like Professional codes of ethics often add a word like _____ to further delineate the importance of professional ethics., Confidentiality is a/an _____ issue., Group members must be guaranteed that other members will maintain confidentiality. and more.
Attorneys must maintain the highest ethical standards to avoid disciplinary action and to earn the trust of their clients. Ethical dilemmas often arise when communications with clients break down and misunderstandings result.
An attorney may face ethical violations for failure to communicate with a client in numerous situations. Anytime a client’s consent is required, the attorney must notify him. The lawyer must notify and update his client regarding developments in a case. If the client asks for information, the lawyer is obliged to respond to him. If a client asks an attorney to provide a service the attorney cannot legally perform, the client must be informed. Failure to communicate properly with a client could result in a malpractice suit.
Because the Internet has no boundaries, an attorney may run afoul of restrictions in states where he does not reside. An attorney can avoid these problems and the ethical issues they cause by posting a physical address on his website and identifying the area where he can practice. Emails, too, can pose an ethical dilemma, since confidentiality may be compromised if emails are shared. If an attorney informs his client that communication by email is not secure, he can neutralize this ethical problem.
Attorney Impairment. Any condition that might cause a client to question an attorney’s ability to perform his job may create an ethical dilemma. While alcohol and drug abuse are obvious ethical problems, physician-prescribed medication might also be an issue if it impairs the attorney's performance.
Law firms may charge different rates for different clients based on the volume of business, past relationships or the nature of the legal research required. But without a legitimate reason, charging higher rates or expanding the number of hours billed to a client may pose ethical problems. Failure to inform clients of the rationale for ...
If the client asks for information, the lawyer is obliged to respond to him. If a client asks an attorney to provide a service the attorney cannot legally perform, the client must be informed. Failure to communicate properly with a client could result in a malpractice suit.
If a person asks an attorney a legal question and the attorney provides information, a legal relationship may have been established. Likewise, if an individual, based on past experience or conversation with an attorney, believes a relationship exists, then a relationship may have been inadvertently established.
refers to ethics as applied to human life or health.
client needs may conflict with institutional policies, primary care providers preferences needs of the clients family or even state or federal laws.
some of the most frequent disturbing ethical problems for nurses involve issues about euthanasia, assisted suicide, termination of life sustaining treatment, and withdrawing or withholding of food and fluids. nurses must learn to assist clients and families to discuss their options surrounding terminal care.
In these situations, healthcare providers may use the principle of justice by attempting to choose what is most fair to all. clear communication and good clinical decisions making skills help the nurse develop a positive relationship with clients and their families.
a nurse is morally obligated to withhold foods and fluids if it is determined to be more harmful to administer them than to withhold them.
legal documents representing a clients end of life decisions, they may include how clients wan medical decisions to be made or whom they would life to make those decisions.