Ethics: A Lawyer’s Perspective with Case Studies

By Dr. Orscini L. Beard

If you’re an aspiring attorney, law student, or new lawyer, this guide on ethics will help you avoid the pitfalls of everyday practice.

Dr. Orscini L. Beard, a faculty member with the Department of Criminal Justice at Southern University in Baton Rouge, Louisiana, explores the challenges practicing attorneys face on a regular basis. He examines common mistakes made by lawyers and provides clear explanations on how to fix them or avoid making them in the first place.

Get answers to questions such as:
• What are the main professional responsibilities you must fulfill to practice law?
• Are there areas where lawyers disagree about standards—and why?
• What ethical considerations are involved when a judge indicates that he or she will increase the sentence if the defendant seeks a trial instead of pleading?
• Is it improper to discuss a case with a member of a client’s family?
• Should an attorney attempt to force a client to plead when the evidence favors the state?

Whether you’re an aspiring lawyer, law student, or new attorney, you’ll learn best practices and how to avoid mistakes with this guide on criminal justice and ethics.

• Language: English
• Publisher: iUniverse
• Release date: Jun 20, 2022
• ISBN: 9781663233295

Dr. Orscini L. Beard

Dr. Orscini L. Beard joined the faculty in the Department of Criminal Justice at Southern University in Baton Rouge, Louisiana, in 2010, where he teaches numerous classes. He is a proud alumnus of Saginaw Valley State College in Saginaw, Michigan, where he majored in political science and minored in philosophy. He earned his juris doctor degree, Master of Science, and Ph.D. degrees from Southern University. His research interests include the deterrent effect of the death penalty.

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ISBN: 978-1-6632-3328-8 (sc)

ISBN: 978-1-6632-3329-5 (e)

Library of Congress Control Number: 2022909194

iUniverse rev. date:  06/20/2022

This book is dedicated to all of the people raised in Delray, Michigan; to my late brothers, Ronald M. Nicholson, Lester Earl Beard, and Tyrone Beard, whose loved and devotion to the family will never be forgotten; to my late mother, Leola V. Mayes, for her love; to my wife, Bertha M. Beard, who is what Jehovah God has given to me to help me along the way; and, of course, to my children, who are my inspiration. They are what I am.

CONTENTS

Preface

Acknowledgments

Introduction

Chapter 1   My First Jury Trial

Chapter 2   The Pleas

Chapter 3   The First-Degree Murder Trial

Chapter 4   The Ten Years and Six Months Rule

Chapter 5   The Jury Trials

Chapter 6   Drug Cases

Chapter 7   Malfeasance in Office

Chapter 8   Death Penalty Cases

Chapter 9   Personal Convictions

PREFACE

The purpose of this book is to assist aspiring young attorneys, law students, and future lawyers in avoiding the pitfalls of everyday practice. Attorneys encounter many challenging situations, many of which could have been very devastating; some were devastating. Accordingly, this book has been written to serve as an analysis of the most commonly made mistakes in the legal profession and presents clear explanations of how to correct them. It has also been prepared as a reference work for the general practitioner of criminal law, who may want to check questionable issues in criminal matters. Therefore, the book can be used either as a supplement or as a handbook as individual circumstances may decree.

As one peruses this book, he or she may ask, What right does this person have to tell me how to practice criminal law when he made a mess of it? The answer is simple. Most lawyers are unwilling to tell the raw, naked truth of their trials and tribulations. Preferably, as experienced lawyers, they present the upside of the practice of law with little or no emphasis on the downside of it, which is currently being observed by the most competent and carefully disciplined attorneys.

Thus, the writer says to this reader, Here are the principles of professional responsibility, which are necessary for an acceptable practice in the legal profession. From the above discussion, one can readily see that we all have this concept of right and wrong. It has been embedded in us since our inception by our parents, churches, and schools. Indeed, the terms must be equated with what is morally right or wrong. That is, the terms must be construed to mean legally right or wrong in the everyday practice of those persons whose very existence depends on making the correct choices or decisions in order to merit the respect of their colleagues.

After reflecting on this explanation of what is morally or legally correct, one must recognize another fundamental fact: Some questions cannot be settled unequivocally in terms of right or wrong. The reasons are quite clear. In some instances, lawyers differ in their observations of some given practices. In other instances, lawyers find in practice what was once widely endorsed is now disappearing, for example, the subtle distinction between what is considered right and wrong. In still other instances, the disciplinary counsels find situations that lie beyond any detailed analysis, such as the line between acceptable standards. As a result, no reputable lawyer dare proclaims final rulings on many practices.

However, even though the correct way to practice, in a sense, is an arbitrary and sometimes unsettled matter, specific standards do exist, and the careful practitioner must abide by them. These are standards upon which this author bases his compilation of these mistakes in the legal profession. To master the standards of legal responsibility, one should begin with the realization that he or she is engaging in a fascinating field. From the first lesson, one learns the central principle of conduct: how to practice within the challenging standards of this exciting profession.

ACKNOWLEDGMENTS

I want to give thanks to Jehovah God, through him in whom all things are possible. His guidance and blessing were with me every step of the way. When problems seemed overwhelming, he was there to strengthen me and place people in my path to assist in this endeavor. I am grateful to my wife for her understanding, patience, and continual support in pursuing this book, and for my children (Orscini, II, Tafari, Tarik, and Takiyah) and my many grandchildren. Finally, I am incredibly grateful to my daughter-in-law, Myiesha Beard, for her assistance and guidance in completing this book.

INTRODUCTION

On the twenty-first day of April 1983, I received the results from my bar exam. One day after the federal government declared the city of Baton Rouge to be in a state of emergency. I was sworn in as a member of the Louisiana Bar on the twenty-seventh day of April 1983. Shortly after that, I entered the private practice of law with the law firm of Johnson, Ritzie, Thomas, and Taylor on 72nd Avenue in Baton Rouge, Louisiana.

I was interested in pursuing a career in taxation, especially since I had just finished attending Emory University Law School’s taxation program. If someone would have told me that criminal law would be the essence of my practice, I would have laughed. The practice of criminal law was not on my agenda.

I initially received a few cases concerning tax issues, but they were not enough to sustain a living for my family. So I had to supplement my income with other civil matters, including divorce cases, successions, and corporation matters. Attorney fees derived from these cases were sufficient for my livelihood, and in a matter of months, I was able to save a substantial down payment for a new house. We resided with my in-laws for two years and then moved into a new home located on Buttonwood Street in the Glen Oaks subdivision.

My practice was doing well for an inexperienced lawyer of four months. Again, I saved a substantial amount of money from legal fees, but my tax practice was not flourishing as I had hoped. So I continued to practice civil law until a prospective client walked into the office and asked, Can anyone here handle a criminal matter? The client waved a cashier’s check for five thousand dollars for any takers. Ernest and the other lawyers declined the invitation. Then Ernest asked me, Would you want to handle a criminal case?

This was not a difficult decision. Hell, with $5,000 in hand, how difficult can it be to defend a client in a criminal matter!

As we talked about the facts of the case, I envisioned how I would defend him. Having little or no knowledge of criminal matters, I thought it best to spend time studying. I read several articles and books on the subject. They were of significant impact, not so much as to the case at bar, but on how I would defend future criminal cases. Still, I searched for a topic that would give me some insight into how to handle plea-bargaining. Deep down inside, I was not ready to take on the responsibility or burden of trying a criminal case, although subconsciously, I knew that going to trial was a remote possibility. I tried to negotiate a plea bargain, but the assistant district attorney, Joe Lockwitt, did not offer any deals. My client had to plead to the charges as billed by the district attorney’s office. Vince Wilkinson of the public defender’s office represented the other defendant involved in this case. Since there were no acceptable pleas in the case, we were compelled to try the case before Honorable Judge Doug Moreau.

The judge called our case for trial. I wore a blue suit, white shirt, and a maroon tie adorned with white polka dots for the trial. I felt extraordinarily sharp and ready for the occasion. Of course, I do not have to tell you how nervous I was. I had never tried a case before a judge and explained this to my co-counsel. He told me, Follow my lead, and you will be fine. I followed his instructions to the letter