You work for the State Bureau of Prisons, Office of the Inspector General, as an attorney and have been asked to review a case involving two correctional officers at your state prison and the conduct of the attorney assigned to represent these officers who is a colleague in your office.
The attorney retained to assist the correctional officers in the correctional officer misconduct case has now been charged with making inappropriate, frivolous, disparaging, and disrespectful remarks about you and your legal team. Your colleague even accused you and your colleagues of misrepresenting facts and tampering with case documents. In fact, your colleague has often been considered incompetent by other attorneys at in your office. He has a drinking problem and often neglects to prepare proper documentation for his cases. There have also been previous complaints about his behavior and demeanor.
Analyze the situation and include your analysis in a report in Microsoft Word document for the disciplinary committee. In your report, include the following details:
Analyze your colleague’s actions.
Describe the moral and ethical issues at stake.
Apply the legal code of the ABA that was broken, if any.
Explain the course of action that you consider appropriate along with an ethical theory to support this course of action.
For further information on the ABA Standards of Conduct, visit the following websites:
Model Rules for Lawyer Disciplinary Enforcement
Model Rules of Professional Conduct
For further information on ABA Disciplinary Actions, visit the following websites :
American Bar Association
Sanctions
Support your responses with examples.