When it comes to legal ethics, examples of lawyers' misconduct are numerous and varied. Conflict of interest, overbilling, and making false or misleading statements are examples of misconduct by an attorney that can have serious consequences for both the lawyer and his client. Likewise, refusing to represent a client for political or personal reasons, or knowingly bringing baseless lawsuits to generate fees, are other examples of misconduct by an attorney that can compromise the integrity of the legal system. Allegations of improper argument are evaluated in the context of all the arguments that are presented to the jury during the trial.
When a defense attorney hears an inappropriate argument, they must object. The fact that they do not object is a factor that can be taken into account when examining the impact of the prosecutor's argument and can “demonstrate that the defense attorney believes that the live argument, despite being recorded without a record, was not too damaging”. Such retention is not equivalent to turning the fox into the keeper of the chicken coop or letting the wolf keep an eye on the flock, because a prosecutor who violates ethical standards is subject to the disciplinary authority of the State Bar Association like any other lawyer. However, remember that participation in such acts does not in and of itself necessarily constitute a reason for the annulment of the trial or for the holding of a new trial.
It is misconduct for prosecutors to obtain inadmissible evidence in witness interrogations, and especially inappropriate when the interrogation violates a specific court order. Gershman has stated that a prosecutor's failure to disclose favorable evidence causes more judicial errors than any other type of malpractice, but it is rarely sanctioned by the courts and almost never by disciplinary bodies. Laws that govern the fairness of the procedures in which they have power (often referred to as due process violations) and ethical violations that go against codes of ethics that bind all lawyers and force prosecutors to meet even stricter standards. These types of prosecutorial misconduct in criminal cases can lead to unfair trials and, consequently, to false convictions for defendants.
If such threats prevent testimony, they violate due process by interfering with the defendant's right to present witnesses in their own defense. The prosecution's misconduct in relation to the burden of proof required for conviction is an especially serious violation. Bonet, the Washington Supreme Court ruled in August 2001 that Bonet had violated the ethical standards of state attorneys and referred the case to the disciplinary board for appropriate sanctions. Although originally this doctrine was intended to eliminate the need to repeat several judgments for small technical errors, it has evolved to the point that it now applies even to constitutional violations.
Every state has a disciplinary system under which lawyers can be punished for violating ethical standards.
