Go ![]() | New ![]() | Find ![]() | Notify ![]() | Tools ![]() | Reply ![]() | ![]() |
Member |
Have had a defense attorney agree to surrender his license in 90 days. 1. What ethical obligation do we have to assure that any future criminal action goes unchallenged? Do we need to make a record? Does a record need to be made concerning this issue? Should the defendant/client be notified? Any other observations would be appreciated. | ||
|
Member |
I'm not sure if you mean surrender as part of a plea agreement with your office or you've become aware of an agreement the defense attorney reached with the State bar. Regardless, in my opinion, from an appellate prosecutor perspective, if that attorney represents defendants in your courts and you know this issue exists, you should definitely make a record. Any defendants represented by this defense attorney who plea or are tried prior to the surrender of his license will surely later file a writ claiming involuntary plea, IAC, deprivation of constitutional rights or similar claims, if there is no record and point to the surrender as some evidence. Presumably the defense attorney will have to make arrangements for someone else to take over his/her cases or otherwise withdraw from all his/her cases. Better to make a record upfront to ensure any proceedings are voluntary and the defendant's rights are protected and avoid having to undo a plea or retry a case. Making the record may also prompt the defense attorney to hand off the case or the judge to reappoint or spur other appropriate actions that might avoid the quagmire of questions I assume spurred the question. | |||
|
Member |
He has reached a plea agreement with the AG. He has 90 days to "wrap things up" | |||
|
Powered by Social Strata |
![]() | Please Wait. Your request is being processed... |
|
© TDCAA, 2001. All Rights Reserved.