Make an Ethical Decision
Your client, Justin King, has informed you that before leaving Chicago on the date of the accident, he met friends for pizza and beer. He informed you that he “had quite a few” before getting on his Harley. Because he was unconscious immediately after the accident, no tests were conducted to determine if he was under the influence at that time.
Subsequently, you have learned that his toxicology reports from Paxton Medical Center were apparently erroneously destroyed by the hospital as part of its standard document retention policy. Justin has told you that he intends to lie in the upcoming litigation if he is asked if he had any alcohol prior to the accident. How should Justin’s legal team handle this situation?
Keep in mind the applicable ABA Model Rules of Professional Conduct. Click here to access the rules. Draft a one to two page analysis of this ethical dilemma and submit to your instructor via the drop box in the basket titled Unit 9: Assignment.
In law, ethical dilemmas are likely to occur in many ways which prompts a paralegal to weigh their client’s decisions as well as their repercussions. In some states perjury is admissible however; Justin’s legal team has an obligation of advising him not to lie. Alternatively, if Justin’s legal team cannot convince and refrain him from lying; they can allow him to testify his ordeal of the night by “in the narrative” form. This will only be done without the client involving his legal team in the perjury. In addition, they may advise the court on what is happening prior to the plaintiff’s testimony.