What About Mormon Lawyers?

What Mormon Lawyers - Mormon Doctrine Studies - Posted: 30th Jul, 2009 - 11:28pm

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Post Date: 26th Jul, 2009 - 1:55pm / Post ID: #

What About Mormon Lawyers?

What about Mormon lawyers?

Name: Mohan

Comments: I was reading the Mormon cop post and it reminded me about a guy friend I know who thinks that having to tell lies is a natural part of his job as a lawyer. Actually he referred to it as "sharing some truth and holding back other truths" or something similar. Anyway I was wondering can your profession really be an excuse to not keep the commandments? Telling lies is part of the original 10 commandments.

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27th Jul, 2009 - 12:14pm / Post ID: #

Lawyers Mormon What

Mohan some members rationalize things all the time in the name of their profession, calling, health or what have you....they aint know satan is having a firm grasp on them.



30th Jul, 2009 - 1:24am / Post ID: #

What About Mormon Lawyers? Studies Doctrine Mormon

Mohan

QUOTE

sharing some truth and holding back other truths"


Lawyers have a responsibility to defend their clients. It is appropriate for them to emphasis positive aspects of the case, and try to persuade the Jury to look favorable on the accused. So your friend was not saying he was lying, just focusing on the positive aspects of his clients, a very appropriate action of an advocate.

And though I can hardly compare the two, Christ, as our advocate with the Father has himself done a similar thing. Through his atonement he will emphasize our positives if we are humble before him, and strengthen us in our weakness. Is Christ lieing because he does not bring forth evidence of our many sins that we have repented for. Ok its a weak comparison, but I can see some parallels.




30th Jul, 2009 - 1:36am / Post ID: #

Lawyers Mormon What

QUOTE (dbackers @ 30-Jul 09, 1:24 AM)
So your friend was not saying he was lying, just focusing on the positive aspects of his clients, a very appropriate action of an advocate.


Dbackers thats not what Mohan is saying, he's saying his friend is sharing some truth and holding back other truths...thats lying plain and simple. You can water down this one too but thats how it is.

QUOTE
Is Christ lieing because he does not bring forth evidence of our many sins that we have repented for. Ok its a weak comparison, but I can see some parallels.


The comparison is ridiculous. You're speaking about sins that have been forgiving and an ongoing sin that a person is committing in the name of his profession.



30th Jul, 2009 - 6:45pm / Post ID: #

Lawyers Mormon What

A defence lawyer may share certain truths during a trial and withhold others, and be perfectly in sync with the laws of the land and with the Gospel .
1. He puts a guy who usually wears a sleeveless shirt and sweats in a Suit and tie, which is in a way withholding the truth of who the accused is.
2. Tries to legally suppress evidence that may be damaging to his client.
3. Restricts the client from testifying if he or she may incriminate himself (thus withholding truth that may come from the client). This is actually a right protected in the Bill of Rights, but is in essence a way of withholding truth.


Lawyers however are legally and morally bound to not allow fraud to be perpetrated on the court during a trial (asking the client to lie, not turning over evidence that is requested, or admitting evidence that the Lawyer knows is bogus).

But a lawyer must obey and sustain the law, and part of that is giving the best defence, even to client's who he personally doubts is innocent. A Lawyer may recuse him or herself from a case that he really does not believe the case is ethical, and this would be the better choice.

An LDS Lawyer or any lawyer should not lie, and should try to persuade his client be honest in his dealings. If a Lawyer believes his client is giving false testimony, he is bound to correct this. But "holding back truth" in certain instances is perfectly Moral and required.








30th Jul, 2009 - 7:33pm / Post ID: #

What About Mormon Lawyers?

QUOTE (dbackers @ 30-Jul 09, 6:45 PM)
An LDS Lawyer or any lawyer should not lie, and should  try to persuade his client be honest in his dealings.  If a Lawyer believes his client is giving false testimony, he is bound to correct this. But "holding back truth" in certain instances is perfectly Moral and required.

What instances should I ask dbackers? WHat you're saying isnt in light with what the church teaches about honesty. All the things you mentioned are perfectly legal but not everything legal is moral you know what am I saying? I cant believe you can actually say holding back information is somewhat moral AND sometimes required.... Where did you get that from?

Robert J. Matthews, an emeritus professor of ancient scripture at Brigham Young University had a great article in the ensign some years ago and as you know the talks are first presidency's approved...this is what he said on the issue of lying:

QUOTE
As members of the Church, having taken upon us the name of Christ, we obey the commandments because they come from God through his appointed representatives, his prophets and Apostles. The Ten Commandments can provide the ethical bedrock necessary in any society, and that alone justifies our obedience to them. But in the light of gospel knowledge, their ethical content is not the most important reason to obey them. The larger reason is that we have been commanded to do so by our Lord and Savior Jesus Christ or to suffer the spiritual consequences, and to shun the bearing of false witness is one of his saving doctrines. All that we know of our Heavenly Father and his kingdom teaches us that nothing false is acceptable to him-not lying,not withholding the truth, not manipulating facts in our favor. All such actions are unworthy of his children, and unworthy of the sacrifice of Jesus Christ, who was our beacon of truth. We must be true witnesses at all times and in all things and in all places (see Mosiah 18:9) if we would be among those that our Lord and Savior will count as his own when he comes again.


Reference: Source 9

I think the article speaks by itself. Thats how the Church views it.

Reconcile Edited: SuzieSu on 30th Jul, 2009 - 7:35pm



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30th Jul, 2009 - 11:00pm / Post ID: #

What Mormon Lawyers

QUOTE

What instances should I ask dbackers? I cant believe you can actually say holding back information is somewhat moral AND sometimes required.... Where did you get that from?


There are many instances where holding back the truth is required in our professional and our personal life and I believe would be supported by the lord.
Let me give you some examples:

1. An abusive parent who has had his or her rights taken from him comes to you for information on his children. As a social worker would it be more moral to give that parent the whole truth, or to withhold the truth to protect the Child.

2. As a member of Congress you receive sensitive information that could protect the citizens of the United States. If you divulge this information you could put the lives of many individuals at great risk. Would it be wrong to withhold a truth from a reporter, just because you want to be honest.

3. Your wife is feeling terrible, and looks to you for support and says "Do I look fat in this outfit?" I doubt there is any man who would say "yes dear, you do look fat in that dress" Withholding some truths that you have in your mind would be appropriate and replacing it with another truth "Honey, you look beautiful to me" would be more appropriate

4. Truths that a person is not ready for or should not receive can be withheld. We do not tell our children at 4 years old about our sex lives (or anyone for that matter), or we do not discuss what goes on in the temple outside of the temple. There are truths that are for us to know and should not be shared in the name of not withholding truth. There is something in the scripture about throwing ones pearls before swine, which I think is a commandment to withhold some truths from others to protect the sanctity of the truth, and to protect them from condemnation.

5. You are a priest in World War II Germany. Hidden in your barn are about ten Jews who have asked for asylum. The SS comes to your home and demands to know if you are hiding any Jews. You tell them no, to save there lives. Is withholding truth wrong in this instance?

6. In certain medical situations, if a person is seriously injured, being completely honest about the severity of the injury in the moment, is not necessarily advised. Shock from just telling them that they are in pretty bad shape can, and will cause the injury to be exacerbated. If telling them the full extent of their injuries could result in them going into shock, should you tell them the whole truth.

7. You come across some unpleasant information about a sister in relief society that is rumour. When another friend comes to you and asks "hey, what do you know about sister so and so". Do you politely withhold the truth or do you spill all of the gory details. I believe this is a case where withholding the truth is nesessay and required.

8 You are asked to give a Eulogy at a funeral. Because you have known him all of your life, you have plenty of unpleasant information about your friend that is technically true. To protect the family and the reputation of the deceased, should you focus on the positive aspects of the individual, namely his love for his wife and his children and not the fact that he had many weaknesses? You are in essence withholding truth if you do so.


These are all situations we may be morally justified in withholding a truth. I would say it would be ill advised in some cased to share certain truths, and even evil in others.




30th Jul, 2009 - 11:28pm / Post ID: #

What Mormon Lawyers Mormon Doctrine Studies

Listen dbackers I can agree sometimes people choose to withhold information but I wont say it is required as you're putting it almost like an obligation its a choice you know what am I saying? for instance I'm pretty assertive and I aint ashamed of that because I always speak my mind, its my choice... In the examples you're giving in most of them you're using lies to not hurt someone how that can be acceptable in your eyes? trying to do good through the wrong way?

You didnt say anything about the statement that I quoted. I thought it was fantastic.



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