Taking Questionable Cases

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vtoodler
Posts: 117
Joined: Thu Nov 09, 2006 7:19 pm

Taking Questionable Cases

Postby vtoodler » Wed Feb 09, 2011 4:05 pm

As a lawyer, can you be forced to take a case that violates your personal or ethical beliefs?

What happens if you continuously refuse such cases?

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AreJay711
Posts: 3406
Joined: Tue Jul 20, 2010 8:51 pm

Re: Taking Questionable Cases

Postby AreJay711 » Wed Feb 09, 2011 4:11 pm

Anonymous User wrote:As a lawyer, can you be forced to take a case that violates your personal or ethical beliefs?

What happens if you continuously refuse such cases?


Become a libertarian relevatist -- problem solved.

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clintonius
Posts: 1239
Joined: Mon Feb 08, 2010 1:50 am

Re: Taking Questionable Cases

Postby clintonius » Wed Feb 09, 2011 4:14 pm

If you work for yourself, you can take or not take any case you damn well please. If you work for a firm, you will take any case the partner damn well pleases. I believe there was some sort of accommodation by a big firm handling tobacco defense work for any associate who felt uncomfortable working on the matter, but I have no idea how common that sort of thing is. And my guess is, if you're a public defender, you don't really have much option to decline cases at all (at least while you're low in seniority).

Aqualibrium
Posts: 2011
Joined: Tue Feb 24, 2009 5:57 am

Re: Taking Questionable Cases

Postby Aqualibrium » Wed Feb 09, 2011 4:16 pm

Anonymous User wrote:As a lawyer, can you be forced to take a case that violates your personal or ethical beliefs?

What happens if you continuously refuse such cases?


You don't HAVE to take any case as an attorney. Some states even have provisions in their code of ethics or oaths that require you to evaluate whether a case is one that is just (those are holdovers from the field code and other bygone ethical rules for attorneys that no one pays much attention to).

At a firm though, you aren't allowed to morals or personal beliefs. You do what you are told.

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Big Shrimpin
Posts: 2468
Joined: Fri Oct 24, 2008 12:35 pm

Re: Taking Questionable Cases

Postby Big Shrimpin » Wed Feb 09, 2011 5:41 pm

Anonymous User wrote:As a lawyer, can you be forced to take a case that violates your personal or ethical beliefs?

What happens if you continuously refuse such cases?



Check your state's ethics code/ABA model ethics rules. As for your second question - probably nothing good for you.

HTH, 0L-anon ( :roll: ).

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Kohinoor
Posts: 2756
Joined: Sat Oct 25, 2008 5:51 pm

Re: Taking Questionable Cases

Postby Kohinoor » Wed Feb 09, 2011 6:44 pm

Anonymous User wrote:As a lawyer, can you be forced to take a case that violates your personal or ethical beliefs?

What happens if you continuously refuse such cases?

If you're working for someone they can fire you no matter how many cases you do or don't take.

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vanwinkle
Posts: 9740
Joined: Sun Dec 21, 2008 3:02 am

Re: Taking Questionable Cases

Postby vanwinkle » Wed Feb 09, 2011 7:09 pm

vtoodler wrote:As a lawyer, can you be forced to take a case that violates your personal or ethical beliefs?

What happens if you continuously refuse such cases?

You get outed because your vague hypothetical 0L question didn't need to be anonymous, for starters.

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vanwinkle
Posts: 9740
Joined: Sun Dec 21, 2008 3:02 am

Re: Taking Questionable Cases

Postby vanwinkle » Wed Feb 09, 2011 7:37 pm

Oh, and your thread gets locked after you PM the mod to complain that you did nothing wrong and were "embarrassed and publicly humiliated" by being outed.




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