Reference no: EM131651117
A lawyer was hired to represent a client on a speeding ticket. The client resided out of state, so the lawyer appeared in court on behalf of the client. On the day of trial, the lawyer argued to the court on behalf of the client and presented a clean driving record to the court. The court agreed to take the matter under advisement with the intention of dismissing the summons if the client paid court costs, maintained a clean driving record for six months, and completed of a driving safety school. The court set a review date six months from trial to ensure that the client had completed all required steps.
One week before the review date, the lawyer made contact with the client to ask if the client had completed all the imposed requirements. The client indicated that all costs were paid, no new moving violations had been received, but that the client had yet to complete the driving school. In fact, the client had been busy and finally scheduled the driving school for one week after the review date.
The lawyer explained to the client that this likely was insufficient and that the client could expect a guilty finding if the traffic school was not completed. The lawyer asked the client to complete the traffic school before the review date, and to make contact with the lawyer before the review, to ensure that this was done. The client never contacted the lawyer.
The lawyer attempted to contact the client immediately before the review, but the client did not return the lawyer's call. On the review date, the lawyer appeared before the court. Not having heard from the client, the lawyer assumed, but was not sure, that the client hadn't finished the traffic school and was waiting for the judge to enter a finding of guilty. When the client's case was called, to the lawyer's surprise, the judge stated, "It appears everything is done that needs to be, and nothing is left to do other than enter a dismissal."
What ethical duties does the lawyer have to the court and to the client in this scenario? Discuss.
Would your answer change from the perspective of a biblical worldview?
Would your answer change if the lawyer knew that the client had not completed the traffic school?