SAMPLE PROJECT QUESTION

.docx

School

Kenya School of Law**We aren't endorsed by this school

Course

ATP 105

Subject

Philosophy

Date

Jan 8, 2025

Pages

Uploaded by CorporalAardvarkMaster1166

PROFESSIONAL ETHICS SAMPLE PROJECT QUESTION (CLASS B AND C 2016)You have practiced as an Advocate representing crime suspects since your admission to the Bar. You have taken instructions from a client who has been arraigned in court on a murder charge. During the conduct of that the prosecution case you realize that the trial is in your client’s favor and an acquittal is very likely.However before the close of the prosecution case, your client comes to your office one morning and tells you that although he did not commit this homicide, he did commit another homicide five years ago and that an innocent person was charged, tried and convicted of the offence and is serving a life imprisonment. The confession of your client of committing another homicide besides the one you are representing him presents a challenge as to your relationship with him.Although you should zealously pursue your client’s case relentlessly regardless of consequences to others provided your zealous representation is within bounds of law, as an advocate you are under no obligation to reveal information relating to your client unless he has waived the privilege. However, you are alive to the fact that your duty of confidentiality to your client has exception in this instance where you may reveal information that you reasonably believe is necessary to prevent the client from perpetrating committing or abetting a criminal act. As an officer of the court committed to the administration of justice, you have a duty of fairness both to the court and to the public. So important is this duty on both fronts that it presents a challenge to the practitioner.(i)Is there a conflict presented by this situation (5 marks)(ii)Identify the ethical issues that arise in this scenario and determine how you would convince your client to confess to the court the earlier homicide (15 Marks)