posted
Maybe I have lived in a sheltered world but I just got a MNT alleging ineffective assistance of counsel and the motion comes from the "ineffective counsel" who represented the defendant in the forst place. Further, the motion comes with an affidavit saying: "Yep, I represented this guy...I knew he had psychological problems and I should have subpoened his records and a doctor to testify."
I'm I missing something here or is this just one of those motions thrown out their to take up air time? Do I need to respond? Any ideas...thanksPosts:
77 | From:
Hempstead, Texas, USA | Registered: 03-15-07
posted
Don't get me started on these. We're starting to see more of them. I have one guy who was found ineffective on appeal, represented the defendant on his new trial, and then admitted he was ineffective again on a MNT!
Just respond to it the same way you'd respond to any other MNT on these grounds. Get a hearing and cross-examine him on all the things he did. Be sure to find out when his little change of heart occurred -- if he knew about all of this soon enough to file a timely MNT, how did he not realize it in time to use at trial?Posts:
643 | From:
McKinney, TX | Registered: 12-09-04
posted
Texas Disciplinary Rules of Professional Conduct
I. CLIENT-LAWYER RELATIONSHIP
Rule 1.01 Competent and Diligent Representation (a) A lawyer shall not accept or continue employment in a legal matter which the lawyer knows or should know is beyond the lawyer's competence, unless:
(1) another lawyer who is competent to handle the matter is, with the prior informed consent of the client, associated in the matter; or
(2) the advice or assistance of the lawyer is reasonably required in an emergency and the lawyer limits the advice and assistance to that which is reasonably necessary in the circumstances.
(b) In representing a client, a lawyer shall not:
(1) neglect a legal matter entrusted to the lawyer; or
(2) frequently fail to carry out completely the obligations that the lawyer owes to a client or clients.
(c) As used in this Rule "neglect" signifies inattentiveness involving a conscious disregard for the responsibilities owed to a client or clients.Posts:
50 | Registered: 01-31-06
posted
Read Hatcher v. State, 11-08-00193-CR, (Oct 15, 2009). This guy did not want to fall on the sword -- filed his own appeal so he did not have to declare himself ineffective. I expect a writ and it is in the record that trial counsel purposely did not prepare for trial in the hope he would convince defendant to take the plea. However, I don't expect the disciplinary rules would do much -- at most a slap on the wrist.Posts:
337 | From:
Abilene, TX USA | Registered: 12-16-02
posted
Considering the Disciplinary Board didn't do anything when they had a case specifically referred to them by the CCA after finding the attorney in Cannon ineffective, I don't hold out much hope for mere mortals' complaints. Especially if it were the State filing the grievance, since that would just look like sour grapes or vindictiveness.Posts:
643 | From:
McKinney, TX | Registered: 12-09-04
About 8 years ago I had a trial attorney tell me he planned to file a brief in which he would confess to providing ineffective assistance at trial. I hadn't tried the case, but I knew the facts of the underlying trial and knew the defendant didn't have any arguable (let alone meritorious) basis for reversal.
I told the the attorney (in no uncertain terms) that if he asserted his own ineffectiveness as a basis for reversal on appeal, I would file a complaint with the bar. He filed a brief 2 weeks later that didn't raise an IAC claim.
Despite what you may think of grievance committees and their ability to police the bar, don't overlook an alternative remedy such as the court of public opinion. Small town newspapers (which was my case 8 years ago) might find it newsworthy to run a story where a lawyer bashes himself in a written filing to an appellate court.
Regardless of what you do, make sure your elected is on board beforehand.Posts:
134 | From:
Fort Worth, Texas | Registered: 09-16-02
quote:Originally posted by APorter: Despite what you may think of grievance committees and their ability to police the bar, don't overlook an alternative remedy such as the court of public opinion. Small town newspapers (which was my case 8 years ago) might find it newsworthy to run a story where a lawyer bashes himself in a written filing to an appellate court.
What if your attorney, say, gives an interview to a big legal magazine bragging about how he'll do whatever it takes to help his client, including throwing himself under the bus to the courts or the disciplinary board? Posts:
643 | From:
McKinney, TX | Registered: 12-09-04
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