Decades ago my sister wanted to go to law school to become a lawyer. My Dad vehemently objected saying “All lawyers and attorneys are crooks, saying and doing whatever is necessary to win their case.” I remember and hold that statement to be true to this day. I was quickly dismissed from a Federal jury duty pool when I stated by belief before the Judge and Attorneys (I assume it’s on my “permanent record”
My bias is furthered by shows like Law and Order where both sides vie to get the greatest or least punishment for the accused. Is this what really happens in court and behind the scenes? Or do lawyers/attorneys not believe “It is better that ten guilty persons escape than that one innocent suffer”.
The role of a lawyer or attorney is to represent the client. To reach the best possible outcome for that client in whatever issue they are dealing with. Right, wrong, ethics, these things have little to do with that job.
I wish I’d gone to law school. They represent their clients, at least those that practice before a court. There’s nothing wrong with giving persons accused of the most heinous crimes an honest defense.
You do have to remember a man and his job are two different things. Used car salesman, Lawyers, and telemarketers represent the interests of their clients. They are expected to put that above everything else.
These men and women may be totally different in their personal lives. You can’t predict what they are like away from the job.
Many people don’t understand that lawyers operate under different assumptions than most people. What is “fair” or “right” is not really an issue, as opposed to what is permitted, required or prohibited under the law. And being a zealous advocate for a client under the law does not make one dishonest.
I think most lawyers are relatively honest. You can be an honest lawyer, and still be a total scumbag.
I’ve encountered many dishonest lawyers. IME, they are a minority. Far more common is for lawyers to be lazy, or stupid.
I’m not saying I or anyone else can definitively create a better justice system, but as I stated to the judge and attorneys, I refuse (to the extent that I’m legally allowed) to participate in the trial and judgement of others under our present system.
Lawyers have a strict code of ethics: they’re not allowed to suborn perjury, tamper with evidence, hide pertinent facts from the prosecution, etc. Their job is to set forth the best possible ase for their clients within the rules of law and evidence, based upon what the clients instruct them to do.
I once saw a tombstone that read, “Here lies a lawyer and an honest man.” Naturally, I assumed the local custom was to bury two people in the same grave.
I’ve (knock wood) only been involved in one criminal case and I was testifying on behalf of a friend. I met with the lawyer and disclosed everything I knew about her situation. He told me what I should and should not disclose and prompted me to speak using specific terms. Note: She wasn’t on trial, her husband was and I was called as a character witness on her behalf
From TV:
Knowingly withholding evidence that may positively or negatively sway the jurors*
Seek a conviction or non-conviction for political gain*
Plea bargain and give a reduced sentence for no conviction for defendants who provide evidence about another defendant*
Knowingly defend and cause the release of someone who disclosed their guilt to them (O.J.???)
Knowingly avoid information from a defendant so they may legally not having any knowledge of that particular event
Were the things that he told you to say untrue?
When he asked you to use specific terms, did those terms change the meaning of your testimony? Or was it “Don’t say ‘cerulean,’ say ‘blue.’”?
With the these, were these behaviors praised by other lawyers? Or were they held up by other lawyers as examples of what not to do? (Do you think lawyers see these things as the equivalent of “Man kidnaps 3, kills 2” or “5 things you can do today to get that raise!” or do you know?)
Piling onto this, did he ask you to lie? Or just not volunteer those things unless they were brought up? (And there are ways to not bring things up, even if you might have otherwise thought that a given question would require you to…)
From the lawyers I know, I doubt very much that they ask you to out and out lie. Or even hide evidence. A given client is rarely worth: going to jail for, losing one’s bar card over, or even just losing your credibility before a given judge or jurisdiction. After all, it’s a cliche, but, “If your name isn’t on the indictment, then you didn’t lose,” is a maxim for a reason.
So, to answer your question, I’d say that attorneys are very honest in their professional lives. They have someone opposite them who’ll poke holes in many of their stories if they aren’t.
IMHO, some of the terms and examples I was prompted to use were not what I would have normally used and swayed my testimony away from what I felt I wanted to express. Ironically, my friend told me that it was my testimony that damaged her character assessment.
Edit: I believe this answers the question answers the question if he asked me to lie. No. But some points he decided should not be volunteered were bright up by the opposing attorney. As this matter involves two others whose lives were dramatically changed, I won’t answer any more questions about this. I appreciate your understanding.
I’m sure those who know the Kealohas found them “honest” and “trustworthy”
Note: I purposely don’t follow the daily news as I find it too depressing. I was searching for a former Prosecuting Attorney to use as an example and remembered some negative press about Kaneshiro years ago. This current news was a complete surprise to me.
Addressing this part first -
I do this every time I need to do a presentation at work, especially when I’m presenting for a group. I listen to my co-workers, then I try to figure out “how do I present this so that the listeners will give us what we want?” (one of my co-workers, specifically, has great ideas. But when she tries to argue for them, she makes me want to say “no” and I’m on her side.) So, I change the words, I emphasize certain areas, I try to use (or not use, or get my coworkers to use and not use) specific buzzwords because I think they’ll be more effective. (e.g., if I’ve heard one of my listeners say “new paradigm” every time we’ve spoken in the past month, then you had better believe that I’m going to try to fit those words into the presentation at least once.)
Am I always right? no.
Sometimes, I completely misread the room and we don’t end up in a better position. But I don’t think of that as a type of dishonesty. I see it as trying to be an effective communicator.
If you do think that’s equivalent to lying, then yes, most lawyers and attorneys are liars.
The political gain one is a problem of the US system, I think.
Knowingly defending someone who has disclosed their guilt is fine as long as you are arguing that the prosecution hasn’t met its obligation of proving guilt beyond a reasonable doubt, and aren’t putting them on the stand to say “I didn’t do it” or something like that. Withholding of evidence is only a problem if you’re a prosecuting attorney. Defence attorneys aren’t obliged to present evidence that inculpates their client, that’s the prosecution’s job. “Innocent until proven guilty” and all that. With those caveats I don’t think any of these are examples of dishonesty. (Disclaimer: I am a lawyer.)
