1. Professionalism, Celebrity Justice & Representation of Unpopular Clients and Causes February 24, 2011 Presentation Pupilage Group 2

2. Louisiana Supreme Court: The Code of Professionalism in the Courts Rules of the Supreme Court Part G: Section 11. LAWYERS' DUTIES TO THE COURTS We will speak and write civilly and respectfully in all communications with the court. We will be punctual and prepared for all court appearances so that all hearings, conferences, and trials may commence on time; if delayed, we will notify the court and counsel, if possible. We will be considerate of the time constraints and pressures on the court and court staff inherent in their efforts to administer justice. We will not engage in any conduct that brings disorder or disruption to the courtroom. We will advise our clients and witnesses appearing in court of the proper conduct expected and required there and, to the best of our ability, prevent our clients and witnesses from creating disorder or disruption. We will not knowingly misrepresent, mischaracterize, misquote, or miscite facts or authorities in any oral or written communication to the court. We will not engage in ex parte communication on any pending action. We will attempt to verify the availability of necessary participants and witnesses before dates for hearings or trials are set, or if that is not feasible, immediately after such date has been set, so we can promptly notify the court of any likely problems. We will act and speak civilly to court marshals, clerks, court reporters, secretaries, and law clerks with an awareness that they too, are an integral part of the judicial system.

3. LSBA Code of Professionalism Code of Professionalism My word is my bond. I will never intentionally mislead the court or other counsel. I will not knowingly make statements of fact or law that are untrue. I will clearly identify for other counsel changes I have made in documents submitted to me. I will conduct myself with dignity, civility, courtesy and a sense of fair play. I will not abuse or misuse the law, its procedures or the participants in the judicial process. I will consult with other counsel whenever scheduling procedures are required and will be cooperative in scheduling discovery, hearings, the testimony of witnesses and in the handling of the entire course of any legal matter. I will not file or oppose pleadings, conduct discovery or utilize any course of conduct for the purpose of undue delay or harassment of any other counsel or party. I will allow counsel fair opportunity to respond and will grant reasonable requests for extensions of time. I will not engage in personal attacks on other counsel or the court. I will support my profession's efforts to enforce its disciplinary rules and will not make unfounded allegations of unethical conduct about other counsel. I will not use the threat of sanctions as a litigation tactic. I will cooperate with counsel and the court to reduce the cost of litigation and will readily stipulate to all matters not in dispute. I will be punctual in my communication with clients, other counsel and the court, and in honoring scheduled appearances.

4. What is not in the “Code” The obligation to represent those whose causes are unpopular, ignoble, or malodorous. However, the PUBLIC’s sense of our duty demands our accepting this responsibility even when it heaps mud upon those who do. Atticus Finch John Adams Tony Marabella, Frank Holthaus & Hillar Moore

5. Leopold & Loeb University of Chicago law students. Decide they want to kill someone to experience the thrill of the kill. Caught due to leaving physical evidence at the scene. Faced the death penalty.

6. The Caine Mutiny In wartime, a U.S. Naval Lieutenant takes control of the vessel by relieving his Captain claiming the Captain was mentally incapable of command. Captain objected and was arrested. Lieutenant charged with mutiny. Three military lawyers refuse the case prior to one agreeing to represent defendants.

7. Is the true test of Professionalism a Moral One? How many people in here can cast the first stone? When we are to be adjudged, will we seek justice or ask for mercy? What then is our true role as professionals in the representation of those who have moral failings? If we only choose to zealously represent those without sin, who shall we defend? If we refused the leper, the prostitute, the drug user and only took on saints and angels, would we be worthy of our oath?

8. Introduction to Tonight’s Program Celebrity Justice example There have been books and movies put out about this incident. It involves a burglary & a double homicide. We have multiple roles for people tonight to play and those in the audience will be asked for their opinions at the conclusion as well.