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Essay / case study - 1430
Philosophy 324Case 9 Is a good lawyer simply considered good if he maintains the trust of his clients and wins his case? Or is he more of a good lawyer? I think there should be a lot more. Lawyers should be required to do the morally right thing, even if it means losing the case. This is what the notion of moral agent suggests. Given this concept, we can no longer believe that a good lawyer is simply an effective lawyer. Rather, a good lawyer must be morally effective and represent his client's cause. It is for this reason that we cannot conclude that a good lawyer is one who simply wins cases. A lawyer is not just a good lawyer. A lawyer must behave like a morally good person and adopt desirable character traits. I believe the concept of moral agency is the ethical way to behave as a lawyer. I will defend my thesis by offering reasons for my position, including moral theories, objections to my position using moral theories, and responses to the objections that are made. My first reason why the concept of a moral agent is ethical is that there is a point at which the concept of a moral agent is ethical. the moral agent will not care about winning the case, because winning the case would involve unethical actions. This reason is supported by the deontology of moral theory. The moral agent treats others as an end in themselves and not as a mere means to winning cases. For example, a defendant in a murder trial admits to his lawyer that he is indeed guilty of the crime. The moral agent would not allow this matter to continue. The lawyer would report to the authorities that his client is guilty. If the attorney did not report this to authorities and continued to represent his client, he would be treating the victim and her family as just a means to win the case. Doing so would be unethical. Someone might argue, using ethics, that in a circumstance where the lawyer denounces his client after the client admits to the murder, the lawyer is betraying his client's trust and treating him as a means. A lawyer cannot swear to his client that everything, including unethical information, will remain confidential if he wants to end up reporting his client. No one would hire a lawyer if they reported inside information to the authorities.