Adj 235 - Attorneys' Obligations

Attorneys' Obligations

Tonya Davis

Beverly Haley

ADJ/235

University of Phoenix

December 15, 2011

The defense attorney has certain ethical obligations to follow is to protect the due-process rights of the defendant to minimize mistakes in judicial proceedings that might result in a deprivation of life, liberty, or property (Pollock, 2004, p.243). To keep full Confidentiality is a primary ethical obligation of a defense attorney between defense attorney and his or her client. Another obligation of a defense attorney is to make sure all evidence is brought forward and shared so that the truth shall prevail (Pollock, 2004, p.242). Also a major obligation of a defense attorney is to make sure there is zealous representation, which means the attorney has a professional and ethical obligation to use all legal means available to protect the rights and advance the interests of his client. Conflict of interest is avoided is another obligation to the client's case. It is important that the defense attorney does not permit his or her professional judgment or obligations to be affected by his or her own political, business, property, or personal interests (Pollock, 2004, p.251). It is very important that the defense attorney does not intentionally giving the court false information as well as making sure not to allow a witness to intentionally perjury himself or herself.

The obligation of a prosecuting attorney is to seek justice for the society, not merely to convict (Pollock, 2004). Three ethical obligations of a prosecuting attorney is first to determine that there is reasonable ground to proceed with a criminal charge (Pollock, 2004, p.261) Another obligation of a prosecuting attorney is to see that impartial justice is done the guilty as well as the innocent (Pollock, 2004, p.261). Then there is a third obligation to ensure that all evidence tending to aid in the ascertaining of the truth be laid before the court, whether it be consistent with the contention of the prosecution that the accused is guilty (Pollock, 2004, p.261). The prosecuting attorney is influenced because it is important that the prosecutor needs to win the case as well as he or she wants to win. Prosecutors are also influenced by the fact that are brought to them for the case, for example if the witness is mental impairment than it may not stand firm in court and there may be less chance of getting a conviction (Pollock, 2004, p.261).

A defense attorney and a prosecutor attorney have similar obligations by providing justice, weather one be for a client as a defense attorney or for the society and other as the prosecuting attorney. Another similarity between these two is that all evidence