How does the behavior of the attorneys at Bogle and Gates raise concerns about legal ethics in this case? Include specific examples from the discovery process
The concealment of important information regarding the case by the attorneys of Bogle and Gates raises concerns about the legal ethics of the case. In their argument, they posited that it was an important technique that would enable them to counter their adversaries in the case. For example, on a discovery response on behalf of their clients, the Bogle lawyers argued that the letters regarding the Somopyllin oral liquid would be produced to the Fisons and their counsel on record at their convenient time and place. However, the company decided not to produce them when they discovered the smoking gun letters (P. 2). Based on their argument, it was a proper action since there was no legal obligation that demanded them to produce them. They argued that one of the principles of legal ethics is the rationale of concealment that experienced lawyers use to dodge in case of a discovery. Therefore, they had no legal obligation to produce a document that the opposition had not requested (P. 7).
What do you think of the attorney's duty to "zealously advocate" for their clients in this case? Do you agree with the experts that the behavior of the law firm was appropriate and responsible, or do you agree with Washington State Supreme Court's interpretation, and why?
It is an obligation to most attorneys to zealously advocate their clients with honesty and maintain their loyalty to the rule of law. In my opinion, the behaviour of the firm was neither responsible nor appropriate, and therefore, I agree with the Washington state supreme court’s interpretation. This is because attorneys do not only have a duty to enthusiastically advocate for their clients but also ensure that they play a positive role in the administration of justice (P.16). It can, therefore, be regarded as a conspiracy to defeat justice when the lawyers and their clients decide not to reveal smoking gun shreds of evidence in this case.
What course of action would you have taken if you were the manager and you were aware of the case specifics regarding drug testing and what the company knew about the effects of taking the drug?
Honesty is one of the values that I would focus on if I were the manager at Fisons to ensure that the users of the drugs are well informed of the positive effects and defects of the drugs. Hence, I would ensure that the company discloses the effects of the drug and the results of the studies during research.
Transparency and accountability are also other values that I would focus on. Transparency would ensure that everyone is aware of the operations of the company and that every individual would be accountable for their actions.
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