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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?
 
Posts: 66 | Location: New Braunfels, Texas, USA | Registered: October 04, 2001Reply With QuoteReport This Post
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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
 
Posts: 532 | Location: McKinney, Tx | Registered: June 22, 2001Reply With QuoteReport This Post
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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".
 
Posts: 2330 | Registered: February 07, 2001Reply With QuoteReport This Post
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