A Rather More Difficult Decision

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effilctar

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Jul 24, 2009
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Consider the situation that you are a highly esteemed legal representative who is currently grieving the passing of your most loved relative. This relative was killed, though it was accidental.

The killer, a middle-aged man with a wife and 3 children was rushing home due to a family emergency at night down a poorly lit road. Your relative, returning from a visit to a friend, stepped out onto the road without checking due to this road being vacant most of the time.

The driver attempted to swerve to avoid your relative but their reaction time was too slow. Now, due to a mix up in you particular company of employment, you have been given the job of representing the accidental killer at court and due to staff shortages it is not possible for you to pass the job on to a colleague.

Now, this is the killer of your relative, but it was accidental and he has a family. Do you accept that it was an accident that could have happened to anyone, and fight his case to the best of your ability so that a family does not lose a father; Or do you let the grief of losing your relative take over and do a shoddy job of representing this man, let him go to jail, a family loses their father, you risk losing your job and possible legal action against you.
 

pantsoffdanceoff

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Jun 14, 2008
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Um yes, it sounded like my relative was an idiot for not looking both ways. And its everyone's legal right to an attorney under the constitution, my feelings shouldn't get in the way of my job.
 

ae86gamer

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Mar 10, 2009
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TheNumber1Zero said:
I defend him,then strangle him later when we are alone.

Obvious choice.
Ninja'd. I wouldn't strangle him though. I'd shove his face into some water and hold it there until the bubbles stopped. ^_^
 

ZeroMachine

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Oct 11, 2008
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I would defend him. As much as I would hate losing a family member, and as tempting as it would be to let this guy sink under, it was an accident. He couldn't have known.

Swollen Goat said:
I don't see how this is legal. Doesn't the term "conflict of interest" pretty much gnaw someone's face off at this point?
That's what I thought at first, but I think that doesn't count with lawyers, just judges and jury members. People, correct me if I'm wrong.
 

The Shade

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Mar 20, 2008
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Swollen Goat said:
I don't see how this is legal. Doesn't the term "conflict of interest" pretty much gnaw someone's face off at this point?
Exactly. I know it's only a hypothetical, but it would never occur. Staff shortages or not, the law firm would re-arrange representatives or just not accept the case flat out.
 

LockHeart

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Apr 9, 2009
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I would alert my superiors, the police and the courts to the fact that I have a blatant conflict of interst in the case, and wait to be relieved.

Seriously, anything else would lead to a mistrial and could conceivably lead to a miscarriage of justice, leading to whatever sentence the man receives being annulled and him potentially going free under double jeopardy.
 

Echo3Delta

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Dec 8, 2008
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I'm pretty sure this would be absolutely impossible. Conflict of interest, anyone? No lawyer would ever find himself in this position without the option to recuse himself without penalty. I mean I get that this is a hypothetical situation, but it's gotta at least have some credibility to it.

*edit* damn ninjas...
 

kotorfan04

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Aug 7, 2009
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Yeah, even if you accepted, I doubt you would put your heart into what with you mourning the passing of your loved one, and then to pour salt on the wound you would have to think about it any time you worked on the case. Also if it was your loved one that was killed and you honestly thought the person was innocent you could just ya know NOT PRESS CHARGES.
 
Apr 28, 2008
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well, since my relative failed to look both ways before crossing the street, he kind of deserved it.

I will be pissed at the man, and hate him for killing my relative, but I would do my job to its fullest, and try my best to help him.

Just because he killed my relative, doesn't mean I should seperate a father from his family, especially if it was accidental. Revenge never solves anything, even though it feels great, for about 5 minuts.

"An eye for an eye makes the whole world blind"
-Ghandi
 

Beffudled Sheep

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Jan 23, 2009
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It was my relatives fault for not being careful. This relative deserved their fate. I would represent him to the best of my ability.
 

cleverlymadeup

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ZeroMachine said:
Swollen Goat said:
I don't see how this is legal. Doesn't the term "conflict of interest" pretty much gnaw someone's face off at this point?
That's what I thought at first, but I think that doesn't count with lawyers, just judges and jury members. People, correct me if I'm wrong.
nope it applies to lawyers as well

so i'd say it's a conflict of interest and not represent him
 

A Weary Exile

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Aug 24, 2009
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It was an accident plain and simple. I wouldn't end an honest man's life out of someone illogical hatred, putting him in prison would just hurt more people and it was an honest mistake so I'd forgive him.