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Prosecutors and Literary or Media Deals: Conflicts of Interest Hiding in Plain Sight
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Journal Article
Prosecutors and Literary or Media Deals: Conflicts of Interest Hiding in Plain Sight
2017
Overview
Model Rule 8.4(d) states that it is professional misconduct for a lawyer to \"engage in conduct that is prejudicial to the administration of justice.\" Because there is a significant risk that the prosecutor's exercise of independent judgment will be influenced by the prosecutor's financial interests in the literary or media deal, entering into such a deal would be prejudicial to the administration of justice. [...]Standard 3-1.11(b) addresses the potential risk that a possible future literary or media deal poses, and reinforces the prosecutor's duty of client loyalty and the obligation to exercise independent professional judgment on behalf of the government in the face of the possibility of such a deal. [...]there are some instances, such as entering into a literary or media deal, in which the prosecutor's personal financial interests may interfere with the exercise of independent prosecutorial judgment on behalf of the government. First is the \"self as moral\" or \"illusion of objectivity\" bias, which is \"the tendency to believe oneself as more 'honest, trustworthy, ethical, and fair than others.'\" (Id.) Eldred explains that this bias leads to overconfidence that one is more objective and better than others, to which a prosecutor may be especially susceptible being charged with the responsibility of prosecuting violations of the law.
Publisher
American Bar Association
