Justin King- Ethical Dilemma Essay Example

Justin King- Ethical Dilemma Paper Justin King Ethical Dilemma PA 110: Civil Litigation April Paxton Allen, Paxton AND Associates, PA 123 Litigation Lane Suite 204 Raleigh, NC 27609 Phone (919) 555-1234 Fax (919) 555-6789 [emailprotected] com To: James Allen, Senior Attorney From: Polly Paralegal Re: Justin King Date: October 1, 2011 Upon speaking with Mr. King yesterday, I have learned some new information that is very important to the firm regarding his case. Mr. King informed me that immediately prior to the accident, he had met with some friends for pizza and beer. He stated that he had â€Å"quite a few†. We know that Mr. King was unconscious following the accident and that there was no sobriety tests performed. He has made it known to me that he intends to commit perjury if asked about any alcohol consumption prior to the accident. I contacted Paxton Medical Center to obtain a copy of the toxicology reports. They informed me that any reports had been destroyed in compliance with their retention policy. This matter needs to be addressed immediately. I urge you to either coax Mr. King into telling the truth or withdraw from this case. In this case, we are able, and in my opinion, required to abstain from keeping this information to ourselves. According to the ABA Rules of Professional Conduct, Rule 1. 6 (b)(2) states that disclosure is permitted to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyers services. We will write a custom essay sample on Justin King- Ethical Dilemma specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Justin King- Ethical Dilemma specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Justin King- Ethical Dilemma specifically for you FOR ONLY $16.38 $13.9/page Hire Writer By intending to lie about his consumption of alcohol, Mr. King may be asserting substantial financial injury to Anhueser Busch and Fran Cuellar. Furthermore, Rule 1. 16 (a) (1), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if the representation will result in violation of the rules of professional conduct or other law. This law firm is based on integrity and must not continue to represent Mr. King if he is adamant about his decision to commit perjury. Also, Rule 1. 2 (d) states that a lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law. We must discuss with Mr. King the possible repercussions if he should decide to lie on the witness stand. We must make an effort to change his mind. In light of this new information, I am suggesting that you sit down with Mr. King and set forth the two options of either finding new counsel or being honest if questioned about alcohol. If we choose to ignore this information, the entire case may be lost; the firm may be sued and could face sanctions for assisting our client with perjury. Mr. King may be found guilty of perjury and face criminal charges. If we cannot convince Mr. King to be honest, it is my opinion that under the law, we may divulge this confidential information and also decline to counsel.