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3 Found helpful • 5 Pages • Essays / Projects • Year: Pre-2021 • Previously uploaded under: LAWS108 - Law, Lawyers and Society
Received a distinction. Hypothetical scenario: Molly Tutt is a solicitor who takes her ethics seriously. She has always had a clear idea of what is right and what is wrong and a determination to do what is right. There are no shades of grey with Molly. So, it surprised many of her family and friends when she decided five years ago to quit her job in the Department of Public Prosecutions and become a criminal defence lawyer. Molly reasoned that both jobs require a primary commitment to the proper administration of justice and that her role now, just as it was before, was to ensure a fair trial. Then she met Mickey. Mickey ‘The Scar’ Koniak is a thug and a gangster with a long history of violent crime. Mickey was the enforcer in his gang. When there was dirty work to do, the job went to Mickey. Mickey loved violence. Over the last ten years Mickey had been charged with many offences ranging from grievous bodily harm to murder. Not once had the police managed to make a conviction stick. But this crime was different. His victims were usually other gangsters. This time it was a child who had walked in on Mickey executing her dad. Mickey liked to leave no witnesses, no trace. So she died too. Mickey had no time for a conscience. He buried the murder weapon where it wouldn’t be found. Mickey was also confident. He’d been here before and always gotten off because Mickey was always careful to leave no evidence behind. Of course he’d done it, he told Molly, but the police evidence was thin. He’d get away with it just as he always had. Molly was distraught. She could win this case, but would that be the right thing to do? How would it serve the public interest for this assassin to be back on the street? All she could see was the face of that poor child – and the smug look of her killer. Molly picked up her phone. She still had her old DPP colleagues on speed-dial – and she had a story to tell. QUESTION: Did Molly do the right thing? Justify your answer considering the range of duties that lawyers owe, including any relevant conduct rules and references to the Uniform Law.
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