A Lawyer’s Dilemma: Justice vs. Misrepresentation

You: I have a serious ethical dilemma. A client recently passed away, leaving his entire fortune to his dog. While I have no doubt about the validity of the will, it feels like a terrible waste. This money could change countless lives by funding a foundation for the homeless. No one would be the wiser if I simply… adjusted the will.

Colleague: Whoa, hold on there. Tampering with a will is a crime, not to mention a massive ethical breach. You’d be betraying your client’s trust and potentially facing disbarment.

You: But think of the good I could do! Feeding the homeless is a noble cause, and surely my client wouldn’t mind if it ultimately helped people.

Colleague: Ethics aren’t a multiple-choice test. We, as lawyers, have a perfect duty – an absolute obligation – to uphold the law and represent our client’s wishes faithfully.

You: Perfect duty, huh? But what about the homeless? Isn’t there an imperfect duty, a moral obligation, to act for the greater good? Surely the 9th commandment, “Thou shalt not bear false witness against thy neighbor,” allows some flexibility in a situation like this?

Colleague: The 9th commandment focuses on preventing harm through false testimony. Lying in this case wouldn’t just be about a neighbor; it would be a complete fabrication of your client’s intent. Justice demands we respect the deceased’s wishes, even if we disagree with them.

You: Justice for the dog who will never need that money versus justice for the countless people struggling to survive?

Colleague: I understand your frustration. But justice has to be fair and impartial. We can’t pick and choose who deserves it. Besides, altering the will could lead to legal challenges from potential beneficiaries who might have been included in a previous version. The whole thing could unravel.

You: I suppose you’re right. There has to be another way to help the homeless. Maybe I can use my legal expertise to pro bono work for homeless shelters or advocate for better social programs.

Colleague: Exactly! That’s a much better use of your skills and upholds the ethical principles we hold dear.

Conclusion:

While the desire to help the homeless is commendable, altering the will violates the lawyer’s perfect duty to uphold the law and represent their client’s wishes honestly. The 9th commandment’s focus on preventing harm through false witness wouldn’t justify this lie. True justice requires respecting the deceased’s wishes, even if imperfect duties to help others pull us in a different direction. The lawyer must find alternative avenues to address the problem of homelessness while upholding their ethical and legal obligations.