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38 Pages

The Attorneys’ Duty to Disclose the Commission of Criminal Acts—Two Views on the Lake Pleasant Case

The Impropriety of the Attorney's Actions in the Lake Pleasant Case
ByThomas Hobin, David J. Jensen

The attorneys resisted direct inquiries from the parents of the girls and other interested parties. Lawyers have a duty to remain within certain moral, as well as legal bounds. The attorneys reasoned that the confidences of their client outweighed the interests that would be served by disclosure of this information. The Supreme Court of the United States has held that "a taxpayer's Fifth Amendment privilege was not violated by enforcement of documentary summonses directed toward their attorneys for production of accountants' documents which had been transferred to the attorney in connection with an Internal Revenue Service investigation." The problems faced by the attorneys in their defense of Robert Garrow brought to the forefront the public's lack of understanding of the fundamentals of justice in a democratic society under the adversary system. The attorney functions in an adversary system based upon the supposition that justice is best achieved by presenting both sides of a controversy to an impartial judge or jury.