Letter to State Bar, Prompts Supreme Court inquiry. How to file from prison.
This is a discussion on Letter to State Bar, Prompts Supreme Court inquiry. How to file from prison. within the Attorneys & Legal Ethics forum, part of the ATTORNEYS, COURTS, LITIGATION category; If somebody hires a lawyer for an assault indictment, pays them their up front fee to take the case and ...
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If somebody hires a lawyer for an assault indictment, pays them their up front fee to take the case and take care of the warrants. Then, upon seeing how friendly he was with the prosecutor and his low morale for the case, while asking for an absurd amount of money to continue his service, I fire him.
Can he tell investigators and the prosecutors lies and fabricated stories that lawyer claims he told him? The defendant was told by "court personel," and in front of his attorney, right before the jury read their verdict, that his first attorney told him that the defendant had planned and premeddittated an assault, provided an innacurate and manipulated details about the events. At that time the defendant realized where the prosecutor came up with those exact same "scenarios" while cross examining the testifying defendant. The Judge was allededly witnessed to be sleeping on occasion as well. The newly appointed attorney heard the court personal divulge the information about the report that the first hired attorney claimed the defendant divulged to him. Upon this revalation the judge denied the motion for a new trial based on this prejudice. The judge denied it with vague description. Wouldn't this not only call upon the Bar Association and State Supreme Court for client priveledge? Would that prove bias and the deprivation of the right to a fair trial? "Respect of rights of 3rd party. In representing a client a lwyer shall not use means that have no substancial purpose other than to embarrass, haras, delay or burden a thrid person, or use methods of obtaining evidence that violates the legal frighs of such a person." Does that not also deprive him the right to confront all witnesses? Again, the charges were dropped and later sent to a Grand Jury for indictment for felonious assault. When the Supreme Court of appeals looks into the matter after contacting the bar association, how does the defendant present in response? The newly appointed attorney, will not "turn in" the other "personel" that revealed my previous attorneys malicious act" he advised to have the defendant have the Supreme Court supoena him to avoid any retribution in his work environment. |
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#2 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,612
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I wish to inform you that you may either contest a matter yourself or by a lawyer. In this regard if your old lawyer has given a witness then you have a right to question witness. In this regard in case of your previous lawyer there exists a lawyer client privilege in which the lawyer must not disclose any information share by client. In this regard in the case of Swidler & Berlin v. United States the court held that attorney client privilege exists even after death of client. Therefore any information which you may have given while you were client cannot be disclosed by your lawyer. You may appeal the decision on the ground that your rights have been violated. You may inform your new attorney that he must present all facts of your violation of rights to court. You may show necessary evidence to Bar Association for breach of duty of a solicitor.
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#3 |
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Thank you for that educated response and Citation.
The problem here is the Barr has already recieved the notice and they immediatly contacted the Supreme Court. The major problem is his current attorney,that witnessesd the prosecutor reveal the breach of client priveledge breach, will not write the appeal for him. He does not want backlash for turning in this attorney who was the the county's prosecutor, and has 3 immediate family members holding positions in the county's court. Should he write the supreme court w/ just the facts and let them find the unconstitional acts with their investigations? Or is he going to have to cite and reference each probable cause like a lawyer would? I feel if he writes it poorly or not in the correct format, the Supreme Court might just glance at it and walk away.... Should I find all the references and citations from the State Supreme Court, along with the facts of the case? Would it be best to have a pro bono laywer file this to the Supreme Court, they've already inquired to him and said the investigation would take 6 mos after they recieve his statement. |
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