Reference no: EM133329771

The "adversary system" is the fundamental concept behind American jurisprudence. It is assumed by our system that when you have 2 people on opposite sides who are trying to win, the party who has the truth on its side will ultimately prevail. Of course, as we all know, it doesn't always work that way; but that's our system.

Following are three scenarios in which the limits of the adversary system may be tested by attorneys advocating zealously for their clients. For each of the scenarios, write two-three paragraphs about the issue. Include the following in your discussion, for each scenario:

a. The applicable Model Rule(s) that have been violated, with a full explanation;

b. A suggestion about how the lawyer should have advocated for his/her client within the ethical rules.

1. Alexander Attorney represents Fred, who has been indicted on burglary charges. During the course of pre-trial discovery, Alexander learns that Fred's alibi is a lie, and that Max, one of Fred's friends, is thinking about telling Paula Prosecutor. Alexander knows that if Paula Prosecutor gets this information, his client's conviction will be all but assured. He makes a visit to Max Friend and persuades him to keep the incriminating information to himself.

2. Lance Lawyer has just been retained by Calvin Crasher, who is being sued by Harriet Hiker because of injuries she sustained when Calvin plowed her down in a crosswalk. Lance thinks that Harriet's attorney, Brenda Bigfirm, is arrogant and pompous, and he doesn't like Brenda much either. Lance begins calling Brenda every day and harasses her on the phone. But he doesn't stop there; he also calls Harriet, saying he knows she's exaggerating her injuries and is just out to get his client.

3. Gabrielle Greedy represents Councilman Carson Crook, who's suing the Big City Post for defamation after the Post published an unflattering article about Carson. Gabrielle knows the article is probably true, but she thinks it would be a great idea to influence public opinion in Carson's favor. She begins sending out hourly tweets about what a great guy Carson is, about all the good he's done for his district and about how he'd never hurt a fly.