ECP- TLI4801
PORTIFOLIO.Detailed working, solutions, memo, notes & explanations.QUESTION 1: CIVIL PRACTICE
(1a) Critically discuss the purpose of your interview with the potential client. (6)
TLI4801 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2023 (705030) - DUE 9
September 2023.
, a)
The relationships between defense attorneys, prosecutors, and investigating officers in the legal
system are governed by various rules and principles designed to ensure fairness, justice, and
ethical conduct. Here are some key rules of etiquette and considerations regarding these
relationships:
Presumption of Innocence: One fundamental principle of the legal system is the presumption of
innocence. Defense attorneys have a duty to vigorously defend their clients, who are presumed
innocent until proven guilty. This presumption should guide their interactions with prosecutors and
investigating officers.
Professionalism and Respect: All parties involved in a criminal case, including defense attorneys,
prosecutors, and investigating officers, are expected to treat each other with professionalism and
respect. This includes being courteous and refraining from personal attacks or disrespectful
behavior.
Open Communication: Open and transparent communication between defense attorneys and
prosecutors is essential to ensure a fair trial. Defense attorneys and prosecutors should exchange
relevant information and evidence as required by the law to prevent surprises during trial.
Privileged Communications: Defense attorneys have a duty to protect the attorney-client privilege.
Statements made by a client to their attorney are generally confidential, and defense attorneys
should not disclose privileged information without their client's consent. However, there are
exceptions, such as when an attorney believes the client may commit a future crime or when
required by law.
Without Prejudice Communications: "Without prejudice" communications are typically used in
settlement negotiations to allow parties to discuss potential resolutions without their statements
being used against them in court. It is not typically used during conferences between defense
attorneys and prosecutors regarding the case's merits.
Honesty and Candor: Defense attorneys should be honest and forthright in their dealings with
prosecutors and the court. Misleading statements, especially during negotiations or discussions,
can harm the integrity of the legal process.
Role of Investigating Officers: Investigating officers have a duty to gather evidence impartially and
present it to the prosecutor. Defense attorneys may challenge the validity or sufficiency of the
evidence, but they should do so through appropriate legal channels, such as court motions or
arguments, rather than making misleading statements.
Conflict Resolution: If disagreements or disputes arise between defense attorneys and prosecutors,
they should seek to resolve them professionally and in accordance with the law. This may involve
discussions, motions, or appeals as necessary.
Fair Play: All parties should strive to ensure a fair trial and the pursuit of justice rather than simply
seeking to win at any cost. Ethical considerations should guide their actions and decisions.
In the scenario you provided, Mr. Danny Crane's actions of making misleading statements and
disclosures "without prejudice" during a conference with the prosecutor raise ethical concerns. Such
behavior can undermine the fairness of the legal process and may have consequences, including
potential disciplinary actions against the attorney. It's important for attorneys to adhere to ethical
standards and the rules of professional conduct in their interactions with opposing parties to
maintain the integrity of the legal system.
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