American lawyer occupation moral

    2008Years4Month12A report AP caught my attention. A party to admit to his lawyer, he killed a McDonald's security, his lawyer helped him secure the whole26Years, and until the death discloses the secret. Source:Http://news.yahoo.com/s/ap/20080412/ap_on_re_us/the26_year_silence

   1982Years1Month, Chicago McDonald's security was shot dead and another wounded. Police have arrested a man named Arden Logan (Alton LoganCriminal suspect.1982Years2Month, a man named Andrew Wilson (Andrew Wilson) suspects arrested by Chicago police, in connection with the murder of two policemen. Wilson Dale Confaty lawyer (twoDale ConventryAnd (Jamie Kuntz)Jamie Kunz). Wilson told his lawyer, McDonald's security is also killed, while Rogan is McDonald's security murder trial.

   American lawyer occupation moral rules, the lawyer must client confidentiality, unless the parties told his lawyer that he will go to murder, harm or deceive (Death, bodily harm or fraud). Even in the exceptional cases, lawyers often still can not directly report to the police the parties, but may be publicly announced the cancellation clientage (Noisy withdrawal), to attract attention.

   However Wilson to his lawyer Frank has been done in the past, McDonald's security is dead, if they will tell the prosecution, their customers will be doubly guilty, that is against the law of the occupation morals, because their duty is to defend the party, not to report the parties. Paradoxically, innocent Rogan was tried for this.

   Face such dilemma, what do they do?1982Years3Month17Day, two lawyers decided to write down an affidavit Wilson confessed murder (Affidavit), and a notarized, if the situation changes, they can help Rogan, they can have a year of record, lest they say they are now part of the. Kang Fan Terry took the oath of books in a fireproof metal box in the lock, the lock is full26Years.

   Because the two lawyers Wilson silence, Rogan was convicted of murder and sentenced to death, but after two times of retrial and appeal to life imprisonment, a sitting26Years in prison.

   Wilson also for the murder of two policemen were sentenced to death, appeal, Wilson accused the police of his torture torture, finally commuted to life imprisonment, without bail.

   26Years, Wilson lawyer has repeatedly told the three lawyers has representative Rogan, their client was innocent, but did not tell them Wilson is the true murderer, it still can not save the fate of Rogan. When Rogan is likely to be killed, they had to discuss, in the implementation of the death penalty, they will work together to Illinois governor to intercede, request pardon Rogan. In addition, they also asked numerous famous jurist, solicit their opinions by neglecting the details, all the lawyers believe that they cannot open the secret. Con Venturelli thinks Wilson is likely to be executed, asked him, if he dies can open he shot McDonald's security secret, Wilson agreed.

   2008Years1Month, Wilson finally died in prison. Kunz then call Con Venturelli, let him take out the lock in the iron box affidavit.2008Years4Month18Day, the court will review the case of Rogan. In addition to the affidavit, the new lawyer Rogan and new witness, that the Rogan was not in the McDonald's. In addition, a letter of Wilson cellmate letter, said Wilson was in prison signed a statement, admit that McDonald's security is murder, has nothing to do with Rogan. Whether Rogan can be released after the unknown review.

   Remember repair lawyer moral class in law school, he learned a classic case.1974Summer Robert Galo (Robert Garrow) charged with rape murder, two lawyers to defend him. He confessed to his lawyer, he also killed three others, one of which is in a neighboring county. Lawyer Berki (BelgeAccording to the narration of the Galois) found the body, in order to photography, he also move the body, confirmed that the victim is Kiara, and then re buried corpse. But Berki did not tell the police.

   And then long complicated trial procedure, during which a20The age of the murdered girl father had asked Berki about his daughter, hoping to get clues, Berki or zip one's lip. When at last he will be sentenced to death, a lawyer for the interests of the parties, decided to use the Sinhalese have mental illness to defend him. In the direct examination of the court, he admitted that he had killed three other people, and will have three murder told his lawyer.

   When the public learned of Berki informed not time, social public opinion. Berki because the client confidentiality, to make the victim can not be decently buried (Decent burial). Therefore, one of the families of the victims of the New York lawyers association request punishment two lawyers, lawyers say they do not violate the law and moral client confidentiality, refused to sanction the two lawyers. In addition, New York state's attorney general, has convened a grand jury investigation of two lawyers, the grand jury decided to sue Berki, because he was the only one who had been hiding a corpse spot. The prosecutor is a lawyer, they also know that the relevant provisions of law and moral, so in addition to sue Berki delay murdered human face buried outside, they also charged with a misdemeanor his prejudice to public health (Misdemeanor). Finally, the court the lawyer moral regulations on confidentiality obligations rejected interfere with decent burial charges, only Berki was sentenced to a hazard to public health.

   For Chinese, above two America attorney client confidentiality case indeed against society. The problem is, there must be a balance between individual rights and social interests of the parties. I grew up in Chinese, after graduating from university abroad and America education. As a USA lawyer, I have repeatedly asked myself, if I was Berki, see the bodies I will do? Will first think of is, if I betrayed the secret, it would be a violation of the lawyer's occupation morals, my years of studying obtained lawyer's license will be revoked. However, even though I have conscience, deliberation, decided to justice and would rather give up my license, I also face another difficult choices, I lost the license of small things, my client will because I leaks doubly guilty, sentenced to death. USA constitutional criminal suspects the right to remain silent, I open secret has harmed the interests of the parties, but also violates the spirit of the constitution. In the case of Rogan, if I keep a secret is to protect the rights of the parties, but also will make an innocent person put in prison26Years. For me, this is the contradiction between a pair of "heart" and "brain", though my heart told me that I should do the right thing, but my mind told me, in some special cases, but also to or wrong.

   This is no room for choice, in English calledHobson's choice (Hobson's choice). The allusions originated in16Century Britain, there was a man named Tobias Hobson (Tobias Hobson) businessman, his job is to run transport, driving a manned four wheel carriage in London between Cambridge and round, and the idle horse rent to University of Cambridge. Hobson always said to his customer: you can choose any of their own on horses, as long as it is from the stable door recently that a horse. Hobson be beneath the human character so that customers don't have any choice, therefore lead to a lot of people's criticism on horses. This example is American lawyers face choice is not the same as, and the tragedy of Shakespeare "Hamlett" facing "the survival or destruction" (To be, or not to beThe choice is more similar).

   If so, why America Lawyers Association for lawyers to undertake such confidentiality obligation be beneath the human character? The reason is very simple, because many parties would lie about his lawyer. In law school, professor often say "don't trust your customers ("Never take what your client says as true). Because if the parties for their lawyers do not speak the truth, often can cause irreparable damage to defend, so in order to encourage the parties to speak the truth of their lawyers, the parties must be sure that the lawyer told him everything strictly confidential, so lawyers can better for the client. However, lawyers often conservative secret and the interests of society and the moral conflict, and let the lawyers to make should be confidential judgment on different cases and it must be doped into the lawyer personal values and morals, the lawyer association had to make it rigidly uniform way, as long as the customer's secret will not causeDeath, personal injury or fraud, the lawyer must keep secret for the client.

   1997Years1Month1Article thirty-five China lawyer law, beginning of the implementation of the provisions of paragraph (five) "lawyers in the practice activities, and shall not provide false evidence, hiding the facts or threatening, luring others to provide false evidence, concealing the facts or obstruct the opposing party's lawful obtaining of evidence". Thus, if China lawyers that the bodies of victims of hiding place, or an innocent people are for their parties crimes trial and may be sentenced to death, they are not for the parties to hide (secret). Between me and Chinese legal colleagues exchanges, China lawyers most said they would not clearly informed for parties to plead innocent, but only to the court for the commutation of the defense. If they fail to report, not only will be disciplined Lawyers Association, may also be prosecuted.

   Will in2008Years6Month1China lawyer law on the beginning of the implementation of theThirty-eighth of the lawyers confidentiality obligations the supplement and Amendment: "a lawyer shall state secret, commercial secret known in practicing law, the parties shall not disclose privacy. The principal lawyer known in practice activities and other people do not want to reveal the situation and information, shall keep confidential. However, the client or other people for or are in the process of implementation of endangering national security, public safety and other serious endanger personal and property safety, criminal facts and information except."

   In view of this, the lawyer law Chinese will be geared to international standards. However, if you encounter a similar character that the possession of the case or Rogan generation serving grievance, China lawyers also will face the same tough choices.

   "The heart and mind which one is more important?" This problem is for every reader his answer.