Well now that I'm a full fledged attorney... (er of the student variety) I have become interested in ethical conflicts that exist within the Phoenix Wright game...universe. To help me practice my skills and to maybe edify a few people, I am offering to do some simple ethical analysis of what some of the characters in Phoenix Wright do.

For those of you who don't know, when I say "ethics" I don't mean whether an act is right or wrong, but rather whether it violates the complicated rules the American Bar Association has created for lawyers in America. These rules are known as ethical rules and tell a lawyer what she may or may not do. (interesting note: most of legal hypotheticals characterize an ambiguous third person as "she.")

(If people really do take me up on this offer, I foresee a lot of Evidence issues as well. An evidence issue is the one most prominent in my mind so I'll start with one of those.)

For starters I'll cover the use of as Edgeworth called it "illegal evidence" in AA:Investigation. Without giving away any spoilers in that game Edgeworth mentions that he cannot call himself a prosecutor if he uses evidence that he received from an illicit source, and if he does it will somehow be unlawful.

You don't have to be a lawyer to get the feeling that this is most likely not true. For arguments sake lets pretend that everything in that game is happening during a real trial. (because if its not a real trial it matters even less.) Both of the items in question in that case are items that likely would have been turned over to Edgey during the discovery process. The discovery process is the period after the initial pleadings (the paperwork where each side tells each other what their claims and defenses are) but before the actual trial. Its the process by which each side requests paperwork and evidence from the other side they feel is relevant. If the other side fails to comply they can be sanctioned. (sometimes even have their case thrown out if the violation is severe enough.)

Here both items that Edgeworth had in his possession are items that certainly would have been included in any discovery request sent by him to the defendant. By not producing these items the defendant is breaking the law and subject to sanctions. Therefore the moment Kay shows this stuff to Edgey, he can then make a motion for sanctions. Included in this motion would be a demand that the evidence be turned over to the prosecution. Kay would give it to Edgeworth, Edgeworth would give it to the court, and the court will likely give it right back to Edgey to be used in the trial ahead. There, now the evidence is legal, calm down Edgey-poo.

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Last edited by Naruhodou on Tue Mar 30, 2010 9:35 pm, edited 1 time in total.

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