The Ethical Dilemma And The Question Of Advocate Client Relationship
THE ETHICAL DILEMMA AND THE QUESTION OF ADVOCATE CLIENT RELATIONSHIP
The lawyer as a professional is engaged by persons who need legal advice and representation. To this extent the law has developed to grant them a special privilege when it comes to dealing with clients who share intimate information with them in the process of building a case or a defense. It would be impossible to represent clients, whether in criminal or civil matters were the law to kick away this shield that serves to ensure that the lawyer or the solicitor discharges his duties with little fear of being accused as an accomplice to the commission of a crime by the mere fact that he chooses to remain silent regarding some information client brings to his attention in this course of explanations and seeking of legal advice.
In the case of Halbert, we have a moral dilemma since there is a clash as to whether I am supposed to reveal the situation as he has told me. In this case, he committed the crime of rape and exposed the victim to the possibility of contracting the virus. This is information that comes at a point when the Crown is awaiting the Appeal it has filed against the 6 months decision which was given on the basis of an admission on the part of Halbert. Therefore, the question is whether I, as the Defence advocate ought to reveal the fact that I have been informed by my client that he is HIV positive and that there is a possibility that the Complainant is also…