The “adversary system” is the fundamental concept behind American jurisprudence. It is assumed by our system that when you have 2 people on opposite sides who are trying to win, the party who has the truth on its side will ultimately prevail. Of course, as we all know, it doesn’t always work that way; but that’s our system.
Following are three scenarios in which the limits of the adversary system may be tested by attorneys advocating zealously for their clients. For each of the scenarios, write two-three paragraphs about the issue. Include the following in your discussion, for each scenario:
a)The applicable Model Rule(s) that have been violated, with a full explanation;
b)A suggestion about how the lawyer should have advocated for his/her client within the ethical rules.
1. Ally Attorney represents Tommy, who has been indicted on burglary charges. During the course of pre-trial discovery, Ally learns that Tommy’s alibi is a lie, and that Freddy, one of Tommy’s friends, is thinking about telling Peter Prosecutor. Ally knows that if Peter Prosecutor gets this information, her client’s conviction will be all but assured. She makes a visit to Freddy Friend and persuades him to keep the incriminating information to himself.
2. Larry Lawyer has just been retained by Charlie Crasher, who is being sued by Polly Pedestrian because of injuries she sustained when Charlie plowed her down in a crosswalk. Larry thinks that Polly’s attorney, Bob Bigfirm, is arrogant and pompous, and he doesn’t like Polly much either. Larry begins calling Bob every day and harasses him on the phone. But he doesn’t stop there; he also calls Polly, saying he knows she’s exaggerating her injuries and is just out to get his client.
3. George Greedy represents Councilman Carl Crook, who’s suing the Small Town Gazette for defamation after the Gazette published an unflattering article about Carl. George knows the article is probably true, but he thinks it would be a great idea to influence public opinion in Carl’s favor. He begins sending out hourly tweets about what a great guy Carl is, about all the good he’s done for his district and about how he’d never hurt a fly.