Legal Ethics Assignment 1

Legal Ethics Assignment 1
Mary was in need of money. She convinced her friend Duncan to rob a bank with her. Not the most adept thieves, they were caught by police immediately after they exited the bank. Attorney McNeill has agreed to defend Mary in the criminal case against her for armed robbery. Attorney McNeill has learned from the District Attorney, Monte Marshall, that Duncan has turned state’s evidence and is going to testify that the robbery was Mary’s idea. Duncan only agreed to take part because she was afraid that Mary might harm her if she refused. When Attorney McNeill informed her client of this, Mary became enraged and said to Attorney McNeill, ‘I’m going to waste Duncan before she has a chance to testify against me!’ Getting very worried, Attorney McNeill asked Mary, ‘Are you saying you are going to harm Duncan so she doesn’t testify against you?’ Mary, appearing to calm down a bit, replied, ‘No, of course not.’

The next day, Attorney McNeill was informed by District Attorney Monte Marshall that Duncan had been beaten up in her jail cell and that the word in the prison was that Mary had paid Duncan’s cellmate ‘to give Duncan a lesson not to be a ratfink.’ Given this situation, Attorney McNeill is considering whether to tell the authorities about the threat that Mary made in her presence. Attorney McNeill is afraid that Duncan’s life could be in danger if she still plans to testify.

Based on this situation, answer the following questions:

1. When Mary first made this threat in the presence of Attorney McNeill, should Attorney McNeill have kept quiet, as she did, or should she have revealed the threat to the District Attorney or another appropriate authority? Explain in detail the attorney-client concept of confidentiality, and discuss the basis for this important ethical concept. Then discuss whether Mary’s threat would fall into one of the exceptions to the concept that Attorney McNeill must keep her client’s statements confidential. Identify this possible exception, and then discuss whether Attorney McNeill should have disclosed Mary’s threat immediately, if she should disclose it now before more harm might occur to Duncan, or if she should continue to keep the threat confidential.

2. If the authorities learn that Attorney McNeill heard Mary’s threat and failed to immediately disclose it to the proper authorities, could Attorney McNeill be disciplined for this conduct? If so, what types of sanctions could be imposed on her for failing to disclose this threat?

3. If you were Attorney McNeill, would you have immediately disclosed Mary’s threat to the proper authorities? Why or why not? If you would not have disclosed the threat immediately, would you disclose it now, to prevent Duncan from experiencing possible further harm?

This assignment should be 4-5 pages in length. Applicable rules should be properly cited. All direct content should be quoted. All utilized materials must be referenced.
Points: 100