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Writing Assignment #1 Did Biegler And Mc Carthy Behave Ethically?

797 words - 4 pages

After reviewing the two scenes from an Anatomy of a Murder and the Maryland Rules of Professional Conduct, it’s clear that Biegler and McCarthy behaved unethically; because he disclosed client information without consent and he indirectly imposed what defense Lieutenant Manion should plea. In the first scene, Biegler and McCarthy are discussing Biegler’s first visit with Mr. Manion and whether or not he was going to take the case; McCarthy also proposes Biegler guide Mr.Manion into a defense. In the second scene, Biegler meets with Mr.Manion for the second time and he indirectly guides him into a plea of insanity. In each of these scenes, several Maryland Rules of Professional Conduct were ...view middle of the document...

(Maryland Rule 16-812(1.6) (5) (b)) McCarthy as stated previously suggested that Biegler guide Mr.Manion to find a defense. This behavior was unethical and a professional misconduct because he was suggesting that Biegler tell Mr. Manion what to plea as a defense. This violated Maryland Rule 16-812(8.4) which states that “It is professional misconduct for a lawyer to violate or attempt to violate the Maryland Lawyers' Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another”(a).
In the second scene of Biegler’s visit to Mr.Manion, he discusses possible defenses for a legal excuse for Mr. Manion killing Mr. Quill. He does not directly tell him to plea insanity but he guides the lieutenant into this defense by telling him to remember how crazy he was. Since Mr. Manion claims he has no memory of what happened Biegler saw this as reasonable grounds for him to win. Previously McCarthy had suggested that Biegler aid Mr. Manion to find a defense and Biegler did just that but indirectly. Biegler violated the Maryland Lawyer’s rules through the acts of McCarthy. If Mr. Manion told him that his defense was insanity and then Biegler asked him why or...

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