Do you think the defense attorney has committed a violation of any disciplinary or ethical rules?
On 12/25/05 the defendant is charged with a class C assault. On 6/7/05 (knowing the grand jury meets on 6/10/05) the defense attorney gets the county judge to take a plea in J.P. court without any prosecutor (city, county, or state) signing any paperwork and writes in his own hand that pursuant to the Class C plea bargain, the felony charge of stalking will not be pursued by the state.
Of course we did pursue it on 6/10/05 when his client was true billed. We are now arguing a double jeopardy motion. I am not posting this in regard to the double jeopardy motion. I am confident it will be denied. My question is do I have anything to take to the state bar on this attorney's license?
That's egregious behavior. Depending on when he wrote on the plea papers, you might even want to look into filing a tampering case against the attorney
With respect to the motion filed in your case: "A lawyer shall not defend a proceeding unless the lawyer reasonably believes that there is a basis for doing so that is not frivolous [nor] take a position that unreasonably increases the burdens of the case or that unreasonably delays resolution of the matter [nor] make a false statement of material fact to a tribunal or fail to disclose a fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act [nor] falsify evidence [nor] accept or continue employment in [an] adjudicatory proceeding if the lawyer knows or believes that the lawyer is or may be a witness necessary to establish an essential fact on behalf of the lawyer's client or continue as an advocate in a pending adjudicatory proceeding if the lawyer believes that [he] will be compelled to furnish testimony that will be substantially adverse to the lawyer's client".
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.