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Carmen Lawrence and Teresa Venezia, members of Fried Frank Harris Shriver & Jacobson, and Brenda Cooke, an associate at the firm, write that the prohibition against deception set forth in the ABA Model Rules of Professional Conduct and New York's Code of Professional Responsibility does not distinguish between prosecutors and lawyers in private practice. But unlike lawyers in private civil actions, prosecutors are vested with the dual roles of law enforcement and the pursuit of justice. The distinctive role and attendant responsibilities create an environment that can arguably justify either exceptions or limitations in the application of the ethical rules.
July 21, 2008 at 12:00 AM
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