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Legal v Moral Duty

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Re: Legal v Moral Duty

Postby Voldemort » Mon Jul 03, 2017 11:23 am

Why shouldn't all factual information be available to all parties? Indeed it should be a legal requirement of all parties to disclose anything relevant to the case.

Lawyers should only be there to debate the applicable law and evidence – not conceal it.
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Re: Legal v Moral Duty

Postby atticus » Mon Jul 03, 2017 12:14 pm

That comment misses the point that the disclosure was to a party in a case that did not involve the solicitor's client.

There are indeed duties of disclosure in civil cases, but these duties apply to the parties.

I am not able to comment on duties of disclosure in criminal cases. Plainly the duties are different for prosecution and defence.
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Re: Legal v Moral Duty

Postby shootist » Mon Jul 03, 2017 12:39 pm

I believe, (IIRC) that the rules of the time have since changed, with obligations on a defence solicitor to report some things that would simply have been unacceptable before the changes. I realise that's a big generalisation, but those details did not normally form part of my interest. I would wonder how he (or anyone else in his position) would have felt if, knowing what he did, the murderer committed a further like offence. Small comfort that the rule of legal procedure had been complied with.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
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Re: Legal v Moral Duty

Postby atticus » Mon Jul 03, 2017 2:55 pm

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Re: Legal v Moral Duty

Postby atticus » Mon Jul 03, 2017 6:58 pm

Here's the text of the "regulatory settlement":
http://www.sra.org.uk/consumers/solicit ... 2017-06-23
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