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Murray v. O'Hara — Study Notes

456 U.S. 789 (2023)

Study notes for Murray v. O'Hara: professor notes, cold call prep, exam angles, and memory aids.

An attorney may refuse to act on client instructions that involve misrepresentation or concealment of evidence without violating ethical obligations.
Professor Notes

In Murray v. O'Hara, the court reaffirmed the critical balance attorneys must maintain between zealous representation and ethical obligations. Professor would emphasize that an attorney's duty to represent their client does not permit actions that involve deceit or misrepresentation to the court, highlighting that the integrity of the legal process is paramount. The court's decision serves as a reminder for law students about the ethical standards governing attorney conduct, particularly when client instructions conflict with legal principles or the truth.

The case also illustrates the importance of an attorney's decision-making process in criminal defense, especially regarding when to draw the line on client directives. The discussion could extend to rules of professional conduct, making it clear that the attorney’s allegiance to the truth must prevail over the duty to follow client strategies that could undermine the justice system.

Cold Call Prep
  1. 1What are the ethical obligations of lawyers regarding client instructions?
  2. 2How does the ruling in Murray v. O'Hara affect attorney-client privilege?
  3. 3What could be the potential consequences for an attorney who disobeys such ethical norms?
  4. 4Discuss the balance between zealous advocacy and professional responsibility.
  5. 5What standards are used to evaluate attorney conduct in such situations?
Mnemonic Device

ZAP - Zealous Advocacy Permitted only when it does not compromise honesty.

Distinguish From
CaseDistinction
In re GreenIn In re Green, the attorney was found to have misrepresented evidence, unlike O'Hara, who refused to act unethically.
Attorney General v. McNultyMcNulty dealt with attorney-client privilege while O'Hara mainly focuses on ethical boundaries in representation.
Policy Arguments

For the Rule

Maintaining ethical integrity within the profession safeguards the justice system and promotes public trust.

Against the Rule

Strict adherence to ethical obligations may hinder clients' ability to receive robust legal representation, particularly in potentially marginal cases.

Class Discussion Points
  • The role of an attorney in upholding justice versus advocating for the client.
  • Implications of attorney misconduct on legal outcomes.
  • How do different jurisdictions interpret ethical obligations?
Exam Angle

This case may appear on exams to test your understanding of attorney ethics and the limitations of zealous representation, requiring application of professional conduct rules to hypothetical scenarios.

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