The Verdict free essay sample

The Verdict Deborah Frick DeSales University The Legal Environment of Business AB 272 David B. Schwartz, Esquire February 5, 2012 â€Å"A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice. † (Preamble 1. ABA Model Rules of Professional Conduct. 2004) Every state has its own ethical code of conduct for practicing lawyers, which is typically modeled after the American Bar Association’s professional standards, Model Rules of Professional Conduct. These serve as a guide for the ethical responsibilities and conduct expected of the profession. Such leadership in ethics was first standardized by the American Bar Association in 1908 with the Canons of Professional Ethics, followed by the Model Code of Professional Conduct in 1969, and finally, in 1983, the Model Rules of Professional Conduct was adopted with numerous amendments added in the years since. With that short synopsis of the history of legal ethics, it was interesting to scrutinize the legal professional’s duty to ethical conduct in the movie, The Verdict, and argue whether or not justice was served in the end. We will write a custom essay sample on The Verdict or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page At first there appears to be such an exaggerated depiction of appalling conduct that it borders on comical. The story revolves around Frank Galvin, depicted as a down-and-out lawyer who seems almost incapable of getting his life back on tract. The audience is pushed to feel sorry for him, although some may conclude that he is just an irresponsible, self-pitying loser. In any event, the ethical issues abound. The movie is set in Boston in the 1980’s, and begins with scenes of Attorney Galvin hounding mourners in funeral homes for potential cases, and with this harassing solicitation the audience begins to grasp the depressing moral values in question. As the story unfolds a former associate hands Frank Galvin an easy malpractice case, and it is obvious that Frank is not acting in the best interest of his clients right from the beginning. He is drinking and is not prepared at the preliminaries, clearly unconcerned with the client’s worries and the case itself. A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. † (Rule 1. 1: Competence. ABA Model Rules of Professional Conduct. 2004). Frank visits the victim of the lawsuit in the nursing home allowing the audience to see that she is in a coma and a vegetative state. In another unethical action, Frank takes a few Polaroid shots of her, without consent, with the sole intention of presenting the pictures to the defense to elicit sympathy and promote a quick settlement. Remarkably, Attorney Galvin then begins to have a change of heart and decides that perhaps he should do the right thing and fight for his client; nevertheless, he goes charging to the other end of the behavioral spectrum and continues to act in an unethical manner. Subsequently, the defense offers a substantial amount of money as settlement. In his newfound righteousness, Frank turns down the offer without consulting with his client; and he does that, not once, but twice. He feels that he should do the right thing and fight for justice by going to trial; moreover he is confident that he has an expert witness, and a good chance at winning, which is his ultimate goal. â€Å"†¦ a lawyer shall abide by a clients decisions concerning the objectives of representation and, as required by Rule 1. 4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a clients decision whether to settle a matter. (Rule 1. 2: Scope of Representation and Allocation of Authority between Client and Lawyer. ABA Model Rules of Professional Conduct. 2004). Although the audience might see this as a good intention and a way to make amends for obvious medical negligence, the reality is that Frank is still acting in a self-serving and immoral manner. He wants to win this case to restore his own self-worth and his batte red, public integrity. He goes to ridiculous lengths to accomplish that agenda, even committing a federal crime by breaking into a mailbox and tampering with someone’s mail. The trial doesn’t go smoothly for Galvin, although in the end he prevails. The question remains†¦ was justice served by the verdict? Is it ethical to make decisions based on what one feels is ethically right without consideration to the client or the client’s agent? Is it really justice if the client doesn’t agree? No. Works Cited American Bar Association. (2010) Model rules of Professional Conduct. Retrieved January 22, 2012, from: http://www. americanbar. org. Duke Law. (8 2011) Legal Ethics. Retrieved January 22, 2012, from: http://www. law. duke. edu.