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Who Wouldn't You Represent? | 29 comments (29 topical)

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Interesting (5.00 / 1) (#18)
by Steve M on Sat Mar 29, 2008 at 11:30:46 AM EST
It kinda seems to me that even if a client doesn't want to cooperate with the government, you have a professional obligation to advise him on the topic if it might be in his best interests.

I've always been amazed at how the childhood admonition against tattletales survives into adult life.  To me, if a drug dealer testifies against the kingpin to get a lighter sentence, a social good is served.  It would never occur to me to think he's a worse human being (a "RAT") than some other drug dealer who refuses to flip, but that's me.

Definitely disagree with you on one of those (5.00 / 1) (#20)
by Jeralyn on Sat Mar 29, 2008 at 12:13:28 PM EST
whether people should rat for a lesser sentence. It's purchased testimony, testimony the government buys with promises of leniency and liberty is a far more precious commodity than money. The overuse of the practice has morally bankrupted our federal system. Snitch testimony is fraught with credibility problems. The incentive to lie and tell the "Government's truth" is enormous.

On your other point, if the Government makes any plea offer, whether it involves cooperation or not,  we are ethically bound to relay the offer to our clients. It's ultimately the client's decision as to whether to take it.

If the client says from the get-go he or she will not cooperate, there is no obligation on the part of the lawyer to seek out a cooperation deal.

Cooperation is distasteful to many of us. On the other hand, it's how the system works and we're not the ones looking at (in many cases) 20 years to life and leaving spouses and young kids at home. Some clients will opt for cooperating and a sentence of 5 or 10 years in order to avoid the risk of 20 or 30 or life if they lose at trial. Others will seek plea deals without cooperation, even if it means they have to do more time.

Bottom line: It's the client's choice. The lawyer doesn't have to recommend cooperation or seek out a cooperation deal, only relay one if it's made by the Government.

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Who Wouldn't You Represent? | 29 comments (29 topical)

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