The ethical requirement that I was referring to
applies when you are submitting a legal brief to a
court. In a legal brief, you have to disclose any
precedent contrary to your legal position. If you do
not, that is an ethical violation.
There are other requirements where lawyers have to
provide evidence for the other side. For example,
prosecutors have an ethical obligation to provide any
exculpatory evidence to the defense. Even the
defense, which for obvious reasons (constitutional
rights, burden of proof, etc.), does not have an
ethical obligation to provide names of witnesses or
testimony that can help convict the defendant, still
has an obligation not to withhold material evidence of
a crime. So, contrary to your popular misconception
there are requirements on lawyers to provide evidence
or argument contrary to their position.
There are lots of other ethical obligations imposed
upon lawyers that have the same effect, such as candor
before a tribunal (can't lie to or deceive a court),
not suborning perjury (can't knowingly let anyone lie
under oath), etc. Likewise, dishonest conduct outside
the profession of law reflects on character and could
be grounds for disbarment. So, despite the popular
misperception to the contrary, there are significant
limits to zealous advocacy by lawyers.
--- Lucy Masters <masters@cox-internet.com> wrote:
> Blake Nelson wrote:
>
> "Barring any glaring knock down data that go against
> your position
> (which as a lawyer you are ethically required to
> provide to a court in say a legal brief -- although
> you may try to explain it away), you will choose
> those
> data that make your case more compelling."
>
> Lucy responds:
>
> I don't know how far-reaching the idea of "ethically
> required...." goes,
> but it has not been my experience or my observation
> that lawyers who
> KNOW their client is guilty provide that "glaring
> knock down data" to a
> court in a legal brief or in any other way. This
> also goes for my
> experiences with and observation of Christian
> lawyers. By the same
> token, I don't believe Phil Johnson would reveal any
> "glaring knock down
> data" that defies his case.
>
>
>
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