Duty of Loyalty

Attorney Wood Co-Authors Brief on Duty of Zealous Advocacy

In Commonwealth v. Edwards, the SJC recently considered the question of whether defense counsel must disclose a fatal flaw in the Commonwealth’s case when questioned about it by a judge. Attorney Wood, on behalf of MACDL, argued forcefully in a brief co-authored with the ACLU and CPCS, that counsel have multiple ethical duties that require counsel not assist the Commonwealth in making its case. As Attorney Wood explained to Massachusetts Lawyers Weekly, this is a “no brainer.” If counsel has identified a flaw in the Commonwealth’s case, exploiting it is not “sandbagging.” Counsel has a duty of zealous advocacy, confidentiality, and loyalty to exploit that weakness.