A young man told a few people that he had served in Afghanistan and was awarded the Silver Star. Unfortunately, one of these people told a newspaper reporter that she suspected the young man was being untruthful. The young man found himself on the cover of the newspaper with the headline, "Liar!" Everyone in town is angry about the case. The local prosecutor intends to prosecute the young man

Question

under a law forbidding lying about military service. This young man has come into your legal office asking you to represent him. He has been rejected by many attorneys in town. Would you take the case? Why or why not?

What will be an ideal response?

Answer 1

This scenario asks the student to step into the shoes of an attorney who is asked to represent a person being charged with a reprehensible offense. Taking the case would certainly make the attorney a target for unhappy citizens and might hurt his or her standing in the community. On the other hand, the student should recognize the importance of defending an individual, especially in the circumstances—the free-speech rights of the young man are arguably at issue here. The attorney could make a good argument that the law is overreaching, since the young man has not really made any profit from the story and this would not be fraud. Additionally, it could have been a bit of bragging that went too far. All these arguments are possible if the student is willing to act in the best interest of the client and the justice system at large.