http://bennettandbennett.com/blog/2007/10/ethics-of-snitching.html the tao of criminal defense trial lawyering Sun, 21 Mar 2010 02:16:46 +0000 http://wordpress.org/?v=2.9.2 hourly 1 http://bennettandbennett.com/blog/2007/10/ethics-of-snitching.html/comment-page-1#comment-604 Anonymous Tue, 30 Oct 2007 13:38:00 +0000 http://bennettandbennett.com/blog/?p=366#comment-604 Here is the ethical dilemma as I see it. Client A wants to cooperate. Atty represents Client A at a de-brief, stepping in to ensure that the prosecutor and the law enforcement agent believe Client A and are willing to work with him in order to secure a substantial assistance motion. Over the course of the next few months Atty occasionally runs into the law enforcement agent and asks how Client A is doing (in his opinion as Atty is in contact with Client A). Law enforcement agent is not happy with Client A's contributions. Atty passes this along to Client A. Client A is then back on track with law enforcement agent and well on his way to earning an assistance motion.<br/>The next week Client B reports that her "confession" was coerced by the law enforcement agent who took her statement, the same law enforcement agent working with Client A. Atty will file a motion and seek to suppress Client B's statement, and the fact that the law enforcement agent who is helping Client A earn his motion should not in any way influence Atty's advocacy on behalf of Client B. Nevertheless, is there still an ethical issue lurking somewhere in this hypo? Is the Atty who on the one hand is trying to work with a law enforcement agent on one client's behalf and yet at the same time putting the law enforcement agent on the witness stand seeking to undermine his credibility and attack his interrogation methods, not in an ethical dilemma? Do you pull punches on law enforcement agent - consciously or unconsciously? Here is the ethical dilemma as I see it. Client A wants to cooperate. Atty represents Client A at a de-brief, stepping in to ensure that the prosecutor and the law enforcement agent believe Client A and are willing to work with him in order to secure a substantial assistance motion. Over the course of the next few months Atty occasionally runs into the law enforcement agent and asks how Client A is doing (in his opinion as Atty is in contact with Client A). Law enforcement agent is not happy with Client A’s contributions. Atty passes this along to Client A. Client A is then back on track with law enforcement agent and well on his way to earning an assistance motion.
The next week Client B reports that her “confession” was coerced by the law enforcement agent who took her statement, the same law enforcement agent working with Client A. Atty will file a motion and seek to suppress Client B’s statement, and the fact that the law enforcement agent who is helping Client A earn his motion should not in any way influence Atty’s advocacy on behalf of Client B. Nevertheless, is there still an ethical issue lurking somewhere in this hypo? Is the Atty who on the one hand is trying to work with a law enforcement agent on one client’s behalf and yet at the same time putting the law enforcement agent on the witness stand seeking to undermine his credibility and attack his interrogation methods, not in an ethical dilemma? Do you pull punches on law enforcement agent – consciously or unconsciously?

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