I'm a current 1L law student and have been questioning the ethical behavior of some defense attorneys. I have yet to take legal ethics, so I'm still limiting myself to "ethics" in the general sense of the word.

I understand the idea that defense attorneys are to fight for the client's rights, but when do they go too far? Is lying to the press acceptable? Obviously this doesnt apply when there is any question, but sometimes there may be videotaped evidence placing the accused at the scene and the defense attorney still denies it to the public.

For example, when there is clear evidence that their client was at least in the "knowing" if not "intentional" state of culpability and their attorney comes on TV or the paper as saying "my client is completely innocent. He had nothing to do with this". I would think a "my client denies all charges" would be equally persuasive. This seems even more unethical when it comes to a family violence case in which a not guilty verdict will increase the victims of being harmed again. Again, I'm not saying dont defend the client to the best of your ability, it just seems like these attorneys are actually blatantly lying and not just denying the charges.

Also how is it ethical for a defense attorney to tell a client what to do with his drugs so the police have a harder time making a case?

How are so many former prosecutors able to become defense attorneys and employ these very practices?

I didn't mean to ask too many questions, but I wanted to get an idea of various opinions before I ask the same question to my crim law professor.

Thanks for your time, 1L

Perhaps you should direct your questions to actual criminal defense lawyers. I think most responses you'd get from our membership could be objected to as "speculation" (you'll cover that in your 2L Evidence class).

1. A belief that the "ends justify the means" can be used to rationalize a lot of bad behavior, on both sides of the criminal court, and behind the bench as well.

2. There is noone who can stop unethical attorney behavior except other attorneys who are willing to turn someone in...which doesn't seem to happen too often, especially in border-lined areas, such as the ones in the above examples.

I sit on a grievance panel in my area and we have not had a real hearing in the 2 years I have been sitting. The Chief Counsel's attorney told us that the number of referrals has drastically declined in our region. Unfortunately, it's probably not because everyone is staying well within the rules.