Hypothetical Ethical Case

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SUBJECT: ETHICAL CASE By Roberto Navarro OPINION: SHOULD A LAWYER TAKE THIS CASE? WHAT IS THE ETHICAL PROBLEM? Every day, lawyers come across many cases that need to be evaluated for litigation. Some of these cases may be easy and textbook-fit for representation while others may be far more complicated to evaluate. Making an assessment of these “not so clear cut” or difficult cases may discourage a lawyer from pursuing them and he might end up deciding that they are not worth the trouble at all. In my opinion, however, there exists a moral and ethical obligation on the part of any lawyer to represent clients who seeks legal counsel, even when there is an issue of ethics, legality, or when the odds of winning a case seem nil at best. Let us take, for example, the case of a client who comes to a lawyer with a problem where he has done some “under the table” work for a company and he is owed a lot of money for said work. Should the fact that he has been working “under the table” to avoid paying taxes deny him his right to collect the money he has rightfully earned? Is he solely to blame for trying to avoid paying his share of taxes or should the company that hired him also share some of the responsibility? Should a lawyer take or not take his case? Hypothetical speaking, would I take this case if I were a lawyer? I believe I would take it, and to the best of my ability, help my client collect his hard earned money. The government can decide later if it wants to prosecute this person for tax avoidance. However, it would be wise to consider that we could now be dealing with a complicated issue of work ethics, and perhaps even of legality. While it is true that all the citizens of a country must abide by the same tax laws or rules and everyone should pay his or her fair share of taxes, there are always those who will go to extreme lengths and try to do the impossible
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