During a confidential discussion, the murder-suspect confessed to her attorney that if she were let out on bail she planned to kill the judge in the case
Is it ineffective assistance of counsel to disclose the substance of the threat to the court? The police? The prosecutor? What if the threat were to kill all potential jurors in the case? Does the attorney have an ethical obligation to keep such confidences confidential? Does the lawyer represent his client zealously if he repeats what she told him? Why or why not?
What will be an ideal response?
ANSWER: Answers may vary: The question is deigned to engage student analysis on the ethical duties of defense counsel. The canons of ethical rules guiding attorney conduct permit, but do not mandate, disclosure of a client's plan to commit future crimes or harm. Students tend to believe that all crime should be prevented regardless of the circumstances, particularly in cases where physical violence is a threat. They need to see beyond the immediate issue to the repercussions within the criminal justice system if attorneys routinely ratted out their clients to the police, the judge or others.
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