of criminal defense representation, the trilemma analysis recognizes that: First, in order to give clients the effective assistance of counsel to which they are entitled, lawyers are required to seek out all relevant facts. Second, in order to encourage clients to entrust their lawyers
criminal defense lawyers have a “trilemma” because the rules of their. profession give them potentially contradictory instructions.1. First, competence requires lawyers to seek all information that can aid a. client's matter.2 Second, lawyers have a duty of confidentiality that.
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AnswerWhat is a a trilemma?
A trilemma is a difficult choice from three options, each of which is (or appears) unacceptable or unfavourable.
What is the cruel trilemma in law?
The "cruel trilemma". The "cruel trilemma" was an English ecclesiastical and judicial weapon developed in the first half of the 17th century, and used as a form of coercion and persecution. The format was a religious oath to tell the truth, imposed upon the accused prior to questioning.
What is the policy trilemma?
The theory of the policy trilemma is frequently credited to the economists Robert Mundell and Marcus Fleming, who independently described the relationships among exchange rates, capital flows, and monetary policy in the 1960s.
What is Clarke’s trilemma?
Arthur C. Clarke cited a management trilemma encountered when trying to achieve production quickly and cheaply while maintaining high quality. In the software industry, this means that one can pick any two of: fastest time to market, highest software quality (fewest defects), and lowest cost (headcount).
What is a trilemma?
Trilemma. A trilemma is a difficult choice from three options, each of which is (or appears) unacceptable or unfavourable. There are two logically equivalent ways in which to express a trilemma: it can be expressed as a choice among three unfavourable options, one of which must be chosen, or as a choice among three favourable options, ...
Who was the first to use the trilemma?
Epicurus' trilemma. One of the earliest uses of the trilemma formulation is that of the Greek philosopher Epicurus, rejecting the idea of an omnipotent and omnibenevolent god (as summarised by David Hume ): If God is unable to prevent evil, then he is not all-powerful.
What is the trilemma of censorship?
The trilemma of censorship. In John Stuart Mill 's On Liberty, as a part of his argument against the suppression of free speech, he describes the trilemma facing those attempting to justify such suppression (although he does not refer to it as a trilemma, Leo Parker-Rees (2009) identified it as such).
What is the trilemma of project management?
Arthur C. Clarke cited a management trilemma encountered when trying to achieve production quickly and cheaply while maintaining high quality. In the software industry, this means that one can pick any two of: fastest time to market, highest software quality (fewest defects), and lowest cost (headcount). This is the basis of the popular project management aphorism "Quick, Cheap, Good: Pick two," conceptualized as the project management triangle or " quality, cost, delivery ".
What are wage policy trilemmas?
A variant of this "horizontal" trilemma was the "vertical" wage policy trilemma associated with trying simultaneously to compress wages, increase the wage share of value added at the expense of profits, and maximize employment. These trilemmas helped explain instability in unions' wage policies and their political strategies seemingly designed to resolve the incompatibilities.
What is the MĂĽnchhausen Trilemma?
In the theory of knowledge the MĂĽnchhausen trilemma is an argument against the possibility of proving any certain truth even in the fields of logic and mathematics. Its name is going back to a logical proof of the German philosopher Hans Albert .
What is the third horn of the Trilemma?
The third horn of the trilemma is the application of a circular argument.
How can a lawyer protect his sense of ethics?
In some courts, the lawyer can protect his sense of ethics by simply putting the client on the stand and instructing him to “tell the jury his story,” rather than specifically prompting the lies. Advertisement. Advertisement. There’s also the controversial issue of “noisy withdrawal.”.
Can an attorney withdraw from a case without the judge's permission?
Unfortunately, it’s not that easy. As mentioned above, an attorney can’t withdraw in the middle of litigation without the judge’s permission, and it’s indisputably unethical for an advocate to directly inform the judge that his client is a liar.
Is withdrawal from representation a legal ethics?
Withdrawal from representation is a surprisingly lively area of legal ethics. Consider the classic case of the avowed perjurer. Criminal defendants have a constitutional right to take the stand in their own defense. Occasionally, one of them tells his lawyer in advance that his entire line of testimony will be lies.
Can an attorney dump a client?
Generally speaking, the states’ rules of professional conduct permit an attorney to dump a client if the breakup won’t hurt him, such at the very beginning of the case , or if there’s a suitable replacement waiting in the wings. (That’s the rationale King & Spalding have used to withdraw from the Defense of Marriage Act case.)
Trilemma Explained
- When making fundamental decisions about managing international monetary policy, a trilemma suggests that countries have three possible options from which to choose. According to the Mundell-Fleming trilemma model, these options include: 1. Setting a fixed currency exchange rat…
Government Considerations
- The challenge for a government’s international monetary policy comes in choosing which of these options to pursue and how to manage them. Generally, most countries favor side B of the triangle because they can enjoy the freedom of independent monetary policy and allow the policy to help guide the flow of capital.
Academic Influences
- The theory of the policy trilemma is frequently credited to the economists Robert Mundell and Marcus Fleming, who independently described the relationships among exchange rates, capital flows, and monetary policy in the 1960s. Maurice Obstfeld, who became chief economist at the International Monetary Fund (IMF)in 2015, presented the model they developed as a "trilemma" i…
Real World Example
- A real-world example of solving these trade-offs occurs in the eurozone, where countries are closely interconnected. By forming the eurozone and using one currency, the countries have ultimately opted for side A of the triangle, maintaining a single currency (in effect a one-to-one peg coupled with the free capital flow). Following World War II, the wealthy opted for side C under th…
Overview
A trilemma is a difficult choice from three options, each of which is (or appears) unacceptable or unfavourable. There are two logically equivalent ways in which to express a trilemma: it can be expressed as a choice among three unfavourable options, one of which must be chosen, or as a choice among three favourable options, only two of which are possible at the same time.
The term derives from the much older term dilemma, a choice between two or more difficult or u…
In religion
One of the earliest uses of the trilemma formulation is that of the Greek philosopher Epicurus, rejecting the idea of an omnipotent and omnibenevolent God (as summarised by David Hume):
1. If God is unable to prevent evil, then he is not all-powerful.
2. If God is not willing to prevent evil, then he is not all-good.
In law
The "cruel trilemma" was an English ecclesiastical and judicial weapon developed in the first half of the 17th century, and used as a form of coercion and persecution. The format was a religious oath to tell the truth, imposed upon the accused prior to questioning. The accused, if guilty, would find themselves trapped between:
1. A breach of religious oath if they lied (taken extremely seriously in that era, a mortal sin), as we…
In philosophy
In the theory of knowledge the MĂĽnchhausen trilemma is an argument against the possibility of proving any certain truth even in the fields of logic and mathematics. Its name is going back to a logical proof of the German philosopher Hans Albert. This proof runs as follows: All of the only three possible attempts to get a certain justification must fail:
1. All justifications in pursuit of certain knowledge have also to justify the means of their justifica…
In economics
In 1952, the British magazine The Economist published a series of articles on an "Uneasy Triangle", which described "the three-cornered incompatibility between a stable price level, full employment, and ... free collective bargaining". The context was the difficulty maintaining external balance without sacrificing two sacrosanct political values, jobs for all and unrestricted labor rights. Inflation resulting from labor militancy in the context of full employment put powerful do…
In politics
Following the Brexit referendum, the first May government decided that not only should the United Kingdom leave the European Union but also that it should leave the European Union Customs Union and the European Single Market. This meant that a customs and regulatory border would arise between the UK and the EU. Whilst the sea border between Great Britain and continental Europe wa…
In business
Arthur C. Clarke cited a management trilemma encountered when trying to achieve production quickly and cheaply while maintaining high quality. In the software industry, this means that one can pick any two of: fastest time to market, highest software quality (fewest defects), and lowest cost (headcount). This is the basis of the popular project management aphorism "Quick, Cheap, G…
In computing and technology
The RAID technology may offer two of the three desirable value: (relative) inexpensiveness, speed or reliability (RAID 0 is fast and cheap, but unreliable; RAID 6 is extremely expensive and reliable, with correct performance and so on). A common phrase in data storage is "fast, cheap, good: choose two".
The same saying has been pastiched in silent computing as "fast, cheap, quiet: choose two".
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