Stephen McG. Bundy,
Moral Advice and Professional Obligation: A Case Study, 10
Ohio St. J. Crim. L.
Available at: http://scholarship.law.berkeley.edu/facpubs/1893
My young client, Steven, has told me that he committed a homicide. Another man has been wrongly convicted of the crime and faces a sentence of up to 30 years. "What should I do?" Steven asks. "What would you say?" asks the hypothetical. "Would you give moral advice?"
As Steven's lawyer I would feel bound, as a matter of professional obligation, to provide some forms of moral advice to Steven. Under my conception of my professional obligations, however, I would be reluctant to tell Steven, what, in my personal view, is the morally correct course of action for him, and would do so only if it were clear to me both that Steven wanted to hear that view and had no better sources of moral advice available to him. Let me explain why.