have given you another link to an American Bar Association (ABA) Model
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Rules of Professional Conduct. To answer these questions, you will need
to read the rules that deal with the duty of candor toward the tribunal,
or court. Read rules 3.3, 3.4, and 3.8, and feel free to do outside
research as well. Then answer these questions:
1. You work for a defense attorney who is too busy to spend much time
on this brief, which is a motion to suppress evidence seized from the
client pursuant to a search warrant. Several cases are adverse to the
client’s interests, given the facts of the case. Must you disclose
these cases to the court? What about the material facts that are
unfavorable to the client? If the attorney is required to address the
cases and the facts in the brief and in the oral argument, how might she
minimize the damage to the client’s case?
2. You work for a prosecutor in a serious criminal case involving what
appears to be a coerced confession. You also find out that the
defendant in the case was never read his Miranda rights before
the police began the custodial interrogation which resulted in a
detailed confession. There is other evidence linking the defendant to
the crime that was discovered, both before and after the confession (the
evidence discovered after the confession was discovered as a direct
result of the confession). What are your boss’ disclosure duties? You
are sure the defendant is guilty.
Remember to respond to at least two of your classmates’ submissions and to give credit to your sources using Bluebook format! Additionally, your primary submission to this forum must be AT LEAST 500 words in length.