Are high paid defense attorneys moral people?

Question

Like OJ's attorneys?

Answer 1

There are very few moral victories in our courts. It's all about who can out-lawyer whom, and that happens to be the party with the most money. Why do you think there are so many derogatory terms for attorneys, such as "bottom-feeder", etc.? Like you, I would hope that there are still some Atticus Finch types out there, fighting for the rights of the underdog, but the reality is that where there are large amounts of money, there are bottom feeders.

Answer 2

Well then, this could raise quite a discussion. People tend kick the proverbial sh*t all over lawyers because of their low "moral standards", but whos morals are they. Does a defense attorney not have a moral as well as a legal obligation to defend their clients? It is questions like these that can really drain fluid out of your own moral compass. A lot of these questions are not simply black and white, so to speak. One could argue with the point that high profile defense attorneys are nothing short of the devil while another could argue that they have no control over the story that their clients pass to them, that they simply using the information at hand to best defend their people. Often times we forget the very group of peers that decide on the the fates those who hire these attorneys: The Jury. It doesnt matter if your defense attorney is Mark Garagos, Johnny Cochrane, Elvis Pressley or Jesus H. Tapdancing Christ Himself, the jury chooses the outcome, and no one else. We saw most recently just 24 months ago. The government had absolutely ZERO physical evidence tying Scott Petersen to the murder of his wife. They had no witnesses and they had no motive, but still Scott Petersen was found guilty and actually sentenced to death, lol , for a crime that he most likely did not commit. Why, because a district attorney painted him up like the a**hole that he is and made the jury hate him. Is that not more despicable than letting a guilty man go? Its not black and white. So, even though defense attorneys may tread in grey area, let us not forget the real evil- ACLU and Government lawyers. ACLU lawyer tear down the fabric of society meanwhile government lawyers strike underhanded deals with other countries at the cost of the US people. At literally every problem with society, the government is the cause.

-J.

-J.

Answer 3

Regardless the offense, if the agents of the State fabricate evidence (whether wholly or in part, through any wilful act or omission) against a defendant, the defendant should be acquitted of all the charges against him or her arising from the investigation upon which the charges against him or her were predicated.

It was proved in the OJ trial that one or more agents of the State conspired to fabricate, alter and falsify evidence against the defendant.

Whether that conspiracy was affirmative or merely constructive in nature was not effectively challenged, so we can't say for certain whether the malfeasance arose from a personal assault against Mr. Simpson or from systemic corruption affecting one or more categories of suspected persons.

The boundaries for advocacy are established in both principle and in law; however, if you're a civil litigant, you'll find that defense attorneys are afforded (and generally avail themselves of) extraordinary (and often unreasonable) leniency with respect to the Rules of Professional Conduct and other binding prodecural law.

The same, of course, applies if the defendant in a criminal trial is dear to either the judge, judge's friend, court personnel's friend, etc. In essence, the "good ol' boy" system is prevalent.

However, when the defendant isn't exempted from jeopardy by the "good ol' boy" system, prosecutors generally apply the full force of the law and gratuitously embellish the alleged injury in order to secure upon conviction the most austere possible punishment against the defendant.

Beyond that, you've got to realize each attorney should be considered independently. The best that you can hope for is that the attorney will be competent (which is uncommon, but not quite rare), and that he or she will act in good faith (which is perhaps less uncommon).

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Answer 4

Morality is defined by culture and religion. And regardless of what rule or code or behavior you name, we can find religions and cultures that praise it, or religions and cultures that condemn it. So "moral" isn't a useful designation unless you specify the context.

Are they ethical? Sadly many are not. The more money and power and fame people have, the more they tend to ignore the rules and the ethical requirements of the profession.

Now, there are some very ethical attorneys that do defense work. And most just make the same kind of little ethical breaches that all of us do in day to day life. Sadly, those who are the most well known are often the worst, which gives the entire profession a bad name.

Answer 5

Highly paid, and poorly paid defense attorneys are, most often, moral people. They simply believe that every individual is entitled to the best outcome possible in their case, whether criminal or civil. They believe that the case against their client has to be proven to the requisite degree (beyond a reasonable doubt if criminal, beyond a preponderance of the evidence if civil).

Even those who defend the least popular recognize that each defendant, regardless of the alleged crime, is innocent until proven guilty, and is entitled to the best defense available (which may be no defense at all, but a guilty plea.)

The system doesn't work at all if only one side is represented.

Answer 6

No, niether are low paid defense attorneys, or low paid or high paid prosecuting attorneys for that matter. The word Moral and Attorney are complete opposites, and will not co-exist together, ever.

Answer 7

The "lawyers have no morals" thing is too cheap and easy. Everyone hates defense lawyers until they need one. Then suddenly they want an attorney who will use every legal means to help them. The ethics of the legal profession require that lawyers zealously represent thier clients. To any attorney worthy of the name, that is a moral committment.

Answer 8

Defense attorneys cannot stay afloat by being moral. It's an oxymoron. And the higher they get paid... the less moral they have to be.

Answer 9

I would say that high paid lawyers offer an important signaling effect. How else would one know which defense attorney to get without some impartial intermediary such as price?

Answer 10

Of course. The State has unlimited funds and all the coercive power of police and military.

If a defendant can't use the best counsel money can buy, s/he is denied due process.

The State's response should be to hire competent counsel.