Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1097-14

Filed 03/30/2007

Page 1 of 1

INSTRUCTION NO. SMITH 31D Action on the Advice of Counsel -- Explained Defendant Michael Smith also claims that he is not guilty of willful or deliberate wrongdoing as charged in the indictment because he acted on the basis of advice from an attorney, Gary Herbert, whose deposition you saw and heard. If before taking any action, Defendant Michael Smith, while acting in good faith and for the purpose of securing advice on the lawfulness of his possible future conduct, sought and obtained the advice of an attorney whom he considered to be competent, and made a full and accurate report or disclosure to this attorney of all important and material facts of which he had knowledge or had the means of knowing, and then acted strictly in accordance with the advice his attorney gave following this full report or disclosure, then Defendant Michael Smith would not be willfully or deliberately doing wrong in performing some act the law forbids, as those terms are used in these instructions. Whether Defendant Michael Smith acted in good faith for the purpose of truly seeking guidance as to questions about which he was in doubt, and whether he made a full and complete report or disclosure to his attorney, and whether he acted strictly in accordance with the advice received, are all questions for you to determine.

O'Malley, Grenig & Lee, Federal Jury Practice & Instructions, § 19.08 (5th ed. 2000)