record of 64-0, never losing a case. He has the best record of any attorney in Florida and



Similar documents
Where can I get help after a sexual assault?

Roundtable on the ABA Defense and Prosecution Function Standards

Who Is Your Defense Attorney? 1 John 2:1-2. The text for this sermon, the theme of which is, Who Is Your Defense

Sexual Assault of a Child VOIR DIRE QUESTIONS

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated

TOP TEN TIPS FOR WINNING YOUR CASE IN JURY SELECTION

How To Choose Between The Law Firm And The Mob In \"The Firm\"

PROSECUTORS, KNOW YOUR CRIMINAL DEFENSE LAWYER *

There is an inherent flaw in the United States criminal justice system. The

NEW HAMPSHIRE E SCHOOL BOARDS ASSOCIATION Theodore E. Comstock, Executive Director Barrett M. Christina, Staff Attorney

Chapter 4 Legal Ethics

DOLCEFINO CONSULTING

It s Not Right! Neighbours, Friends and Families for Older Adults. What You Can Do to Keep Yourself Safe From Abuse

What is DOMESTIC VIOLENCE?

Domestic Violence Victims in Virginia

Please scroll down and continue reading for my response to the government s motion that I be examined by a government expert

Handling a Crime Committed by Someone You Know

CRIMINAL LAW AND VICTIMS RIGHTS

THE BASICS Custody and Visitation in New York State

MINNESOTA JUDICIAL TRAINING UPDATE

About DCJS. table of ContentS. ACknowleDgmentS. Introduction...2. Domestic Violence Defined...3. Plan for Your Safety...3

Franklin County State's Attorney Victim Services

Contemporary Ethical and Legal Challenges in Mental Health. University of South Alabama Mobile, Alabama March 11, 2016

CHAPTER 4 WHISTLE BLOWING

CASCADE COUNTY ATTORNEY S OFFICE PARTNER/FAMILY MEMBER ASSAULT PROSECUTION PLAN

How will I know if I have to give evidence in court?

Wisconsin Public Defender. Theory & Themes of a DUI Case. Jerry Cox & Wil Zevely 2010

What can I expect facing criminal charges?

The Police Have Left Word That They Want to Speak With You

Top Ten Ways to WRECK. Your Disability Claim

4 Criminal and Family Law

requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

THE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE Opinion (March 2009)

How To Appeal To The Supreme Court In North Carolina

So You Received A Sexual Harassment Complaint, What To Do and What Not To Do A Trial Lawyer s Perspective

Unplanned Pregnancy: Why People Choose Each of the Options

The Shawshank Redemption. In The Shawshank Redemption, our main character is Andy Dufresne who has just been

Legal Compensation & Ethical Duties of a Health Care Professional " Alexander M. Voudouris Pace Law Firm

Elder Financial Exploitation: A Prosecutor s Perspective. Page Ulrey November 18, 2014 Common Ground Meeting Seattle, WA

Forensic Training Manual for Fitness Restoration of Individuals found Unfit to Stand Trial (UST)

Alexis Naugle Intro to Special Education. Dr. Macy

RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant

The Continued Victimization Of Sexually Abused Children On The Stand. by Allison Arterberry ---

Kittitas County Prosecuting Attorney GREGORY L. ZEMPEL

Voir Dire in Domestic Violence Cases

IBM BREACHES CONTRACT: ORDERED BACK TO JURY TRIAL BY FEDERAL COURT

Parents Rights, Kids Rights

A Victim s Guide to Understanding the Criminal Justice System

WELCOME TO GOD S FAMILY

A Guide to Selecting an Attorney if Your Child Has Been Sexually Violated

A Guide for the Non-Professional Provider of Supervised Visitation

the criminal justice system and child sex offences

Know your rights. Q: What If police, FBI, or immigration agents contact me? Do I have to answer questions?

Medical Malpractice VOIR DIRE QUESTIONS

world will be driven out. 32And I, when I am lifted up from the The Character Satan in John s Gospel John 8.44

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

Is someone you know being abused? Do you know the warning signs?

NO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 3 December v. Buncombe County No. 11 CRS DANNY DALE GOSNELL

A Guide for Childhood Sexual Abuse Survivors

The Innocence Legal Team specializes in [defending against] false allegations of

An Introduction to the Federal Public Defender=s Office and the Federal Court System

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

Sexual Assault & The Juvenile Court Process A Guide for Victims/Survivors & Their Families

How To Defend Yourself Against A Child Sex Offender

JURY QUESTIONNAIRE [PLEASE PRINT]

I CASE- NO. 69,589. REPORT bf REFEREE

The Victims Code: Young victims of crime: Understanding the support you should get

INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RESOLUTION N. 3/2013

Posting Bail. First Court Appearance

Written Testimony of Sonia Ellis Submitted to the Special Committee on Aging United States Senate Hearing on the Jamaican Lottery Scam March 13, 2013

DESCRIPTION OF FORENSIC POPULATION

Our high school guidance counselor required us to take at least one. semester of physics. She had a good reason for this I suppose, but

Louisiana We are so proud to announce that we are 100% debt free! Praise God! We started our business with over a million and a half dollars in debt.

SUPERIOR COURT, CHESHIRE COUNTY

EXPERT WITNESS TESTIMONY IN DOMESTIC VIOLENCE CASES

JUROR S MANUAL (Prepared by the State Bar of Michigan)

MAXIMIZING STRIKES FOR CAUSE IN CRIMINAL CASES BY ROBERT R. SWAFFORD

Legal and Judicial Ethics for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan

HANDLING CIVIL CHILD SEXUAL ABUSE CASES by Darrell L. Heckman Attorney at Law 107 North Main Street Urbana, Ohio (937)

DOMESTIC VIOLENCE IN FLORIDA

COURT OF APPEALS RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT

court. However, without your testimony the defendant might go unpunished.

Child Abuse, Child Neglect:

ETHICS IN JUVENILE CASES THE DEFENSE PERSPECTIVE

DRUG AND ALCOHOL ADDICTION. BY: Kristen Mehl AGE: 17 GRADE: 12. SCHOOL NAME: St. Clair High School

RIGHT TO COUNSEL State v. Langley, 351 Or. 652 (2012) Oregon Supreme Court

Ethics for the School Counselor. Gloria Montalvo, Ed.D, LPC, CSC Diana Villarreal, M.S., LPC, CSC

actus reus + mens rea = CRIME

The Legal System in the United States

Information for Crime Victims and Witnesses

Connecting with clients through authentic interactions that not only satisfy their practical needs, but also their emotional

PEOPLE V. HARRY POTTER

Glossary. To seize a person under authority of the law. Police officers can make arrests

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS

BEFORE THE EVIDENTIARY PANEL FOR STATE BAR DISTRICT NO STATE BAR OF TEXAS JUDGMENT OF DISBARMENT. Parties and Appearance

Youth Guide to the Juvenile Court System

Case 1:07-cr BSJ Document 30 Filed 08/17/2007 Page 1 of 11

THE VALUE OF A DIRECT VERDICT STRATEGY

Transcription:

The Devil s Advocate is a drama/suspense featuring the extremely successful defense attorney Kevin Lomax and his rise to power from rural Florida to New York City. He has a case record of 64-0, never losing a case. He has the best record of any attorney in Florida and

attracted the attention a very powerful New York City law firm that wants to lure him out to New York City to work for John Milton, the owner of the firm. Kevin s mother, who has a strong relationship with her church, is very weary of her son s departure to New York with his wife Mary Ann. She feels that New York City has become a dwelling place of demons. But despite her opposition and her bad feelings, Kevin and Mary Ann move out to New York into a high-class lifestyle. They are treated to a luxury hotel with all expenses paid during their stay by the firm. Eventually, they decide to stay and make New York their home. As Kevin begins his work with the firm, he is dedicated to meeting John Milton s expectations. He continually works late and spends all of his time at work instead of with his wife. He becomes more and more preoccupied with his cases that he fails to see Mary Ann s growing depression. Kevin also begins spending more time with John as they start to share their personal life going to boxing matches, dinners, and social gatherings. Kevin s first case is a minor health code case. After suspicious occurrences during the trial resulting in a victory, he is assigned to a very public triple homicide case. John Milton, whose faith in Kevin is becoming more and more suspicious, appointed Kevin to the case. The publicity of the case makes his relationship with Mary Ann more and more distant as she drifts further into psychosis. Her hallucinations increase as Kevin s success increases. She ends up in a psychiatric hospital and eventually commits suicide. In the final scene, it becomes apparent that John Milton is in fact Satan and Kevin is his son. It is a classic confrontation between good and evil. John has set the stage for Kevin fall victim to temptation and reproduce with his half sister to produce the Antichrist. John resists

temptation and eventually regresses to his original case where he is forced to make his first ethical decision. The business world is portrayed in a very negative way with this movie. It shows that defense attorneys all engage in lies and deceit to get jury on their side. There are countless displays of deceit and deception on the part of Kevin. He continually takes unethical approaches to resolving his cases. My next three examples will give a detailed description on how the law firm and Kevin are deceitful and are portrayed in a very negative way. 1 st Ethical Dilemma During the first scene of the movie, Kevin is defending a schoolteacher who has been accused of sexually assaulting a female student. The student is on the stand testifying and it becomes extremely apparent to John that the teacher is guilty. John must take a break from the trial and collect himself. He is faced with two decisions as well as two loyalties. His first loyalty is to his conscience and emotional well-being and the second to his client who is writing the check. He can either retire from the defending attorney or try to manipulate the student into saying that she lied. John chose to scream and provoke the student with verbal abuse in an attempt to reduce credibility. He eventually gets the student to say she made up the story, which creates uproar in the courtroom. The victim s parents are infuriated, as the schoolteacher is found not guilty of the charges. I feel that the main unethical decision here is the manipulation of the student. Kevin s power of manipulation greatly outweighs the student s defenses. I feel that it s unethical to market to younger children who don t have the cognitive ability to decipher real from fiction,

therefore, I don t think that it was ethical for Kevin to continue the trial the way that he did. This portrayed the courtroom into a place that is loaded with deceit and manipulation. It creates a very negative image towards defense attorneys and what they will do or say for money. I would never have the moral flexibility to be a defense attorney, especially in this case. My best way to resolve this situation is to not put myself in the position in the first place. However, I would have liked to see Kevin retire as the teacher s attorney. I think it is unethical to manipulate a child for money so I would never have gone through with the trial if I were in Kevin s shoes. 2 nd Ethical Dilemma John Milton s successful law firm has grown globally and their revenue has now attracted the attention of the justice department. It turns out that the firm has a lot more going on than just legal representation. They have their hands in heavy-arms dealing, drug cartels, money laundering and many more violations. Most employees of the firm are unaware of the extracurricular activities but the managing attorney, Eddie Barzoon, is aware of the situation. Eddie mentions that he knows that the justice department has been watching and yet he has done nothing. There was no cinematic resolution to the issue because Eddie Barzoon and the representative from the justice department are both killed. I found this situation to be unethical because Eddie was aware of the illegal dealings of the firm and did nothing. He could have turned the evidence over to the justice department when he first discovered it but he did not. He continually put off and avoided any contact with the justice department. However, this situation was given a positive spin in the film. It

portrayed Eddie as negative for even contemplating the idea of turning the firm over to the justice department. The film glorified an employee s ability to follow instruction without question. I would have done things a little differently if I were in Eddie s shoes. I would have spoken with the justice department right away. After our class session on whistle blowing, I would feel much more comfortable dealing with a situation like this. I didn t want to see Eddie get murdered, I would have liked to seen him testify against Milton s firm after hearing all of the illegal activities they were involved in. This situation was not a focal point of the film, but I still found it unethical. 3 rd Ethical Dilemma Kevin is faced with another ethical dilemma as he is defending Alex Cullen in a highly public, triple homicide case. As Kevin gets more and more information on the case, he starts to believe that his client is guilty. The only evidence Kevin has is that Cullen s secretary will testify that Alex was with her during the murder. However, Kevin finds out that his assistant will be lying on the stand. Again, he has to question what he is doing. Kevin decides to put the lying secretary on the stand and Cullen is found not guilty. This was the final trial in the movie and again Kevin wins the case. He uses tactics would be considered false advertising in the business world. He bases his case of the false eyewitness testimony similar to how a company could base their research on a physician who is not certified. Both situations are unethical. I would have liked to see Kevin lose the case

because he became so wrapped up in himself that he has forgotten about his personal life and his relationships. This is another situation that I would have rather avoided completely. I find that I make the best decisions when I m not put into a situation like that. However, I would have not put the witness on the stand if I knew she was lying. He s making unethical decisions for money, which I do not agree with. Kevin was too wrapped up with winning and keeping his undefeated streak. The record would be something that I m less concerned about so I would not make unethical decisions to keep it. Concluding Remarks I learned that an attorney and a marketer have a lot in common. They are both trying to persuade someone into an action and there are ethical dilemmas for each profession. I would it very difficult to be a successful attorney and still meet my ethical standards. This is why I chose to study marketing instead of law. I also learned how many different professions use deception and manipulation to their advantage. I found it interesting on how the movie portrayed the law to be so open to interpretation and subjective. This exercise also helped me apply the strategies and information I ve learned in this course to situations that are outside of the workplace. Overall, I really found this exercise beneficial because of its ability to take the principles we ve learned throughout the semester and apply them to situations outside of the workplace. Bibliography

The Devil's Advocate. Dir. Taylor Hackford. Perf. Keanu Reeves and Al Pacino. DVD. Warner Brothers, 1997.