Free «Investigatory Deceit» Essay Sample

The magnitude of a case before the attorney can decide the importance of using deceit and misrepresentation through amending the ethical rules and in turn write the ethics opinion. Some of the situations that appear more useful to use deceit as an undercover investigation is those likely to confront both the prosecutors and defense counsel.

One example where deceit can be used and out turn the restrictions that guide the attorney is a position in which there is an undercover investigation (DC BAR., 2011). In such a position, the lawyer can give false identity and even purpose. To attain maximum credibility, these investigators may go a step further to make false statements in matters of criminal activity. This is by declaring that they have had a good relationship with the criminals and therefore the person under prosecution is forced to give only the correct information. In such a case, the use of deceit outweighs misrepresentation because using such deceit can help in retrieving some information from the person being prosecuted (Hastings, 2011).

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In the second example, the prosecutor can employ misrepresentation and deceit in cases ranging from drug distribution to prostitution among others. In such cases, the attorney may hide their identity to prevent from risks that may be brought from dealing with such cases. In this case, the attorney can use a different name as his identity to ensure is not released to the public, which may increase his chances of elimination (Hastings, 2011).

In conclusion, the use of investigatory deception despite being useful is also necessary to deal with crime and criminals as well. Therefore, it is also important in cases which only such action can retrieve certain information from the person. The name of the attorney is also protected. 

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