Never Hire A Lawyer

[seeker]

Appreciate the honest post.

I agree with HB -- if this is true, why then, do lawyers pressure individuals to "cop a plea" when they know FOR A FACT it is a LIE?

I have a real problem with this whole plea bargain scam the courts have going. Saves them a lot of time, rakes in a bunch of FRNs, puts away a lot of good, honest folks who are scared of the alternatives.

What a System ... WHAT a Country!

Seeker

[macerico]

Originally Posted by HenryBowman

can you help me out with this?

Where can I find this as a requirement for lawyers and other officers of the court?

Thanks

HB

Off hand, I'm not able to look it up, but it should be under the ABA Rules of Professional Responsibility. Every state adopts them in some form or another.

I know lawyers who don't want to know if their client is guilty because it hinders their effort to defend them.

On plea agreements, the ideal is that if you are charged with burglary but the evidence is weak and you know you are guilty, they might save everyone time and trouble if they get to you plead guilty to a lesser offense (say breaking and entering) which you would still (technically) be guilty of. It's the same thing as being charged for a crime and asking for the jury instruction to allow them to convict of a "lesser included offense." So, if they don't want to hit you for 1st degree murder, they can see if the jury is willing to convict for manslaughter (a lesser degree of murder) without doing a new trial all over again.

However, often you see them trying to get a person to plea to a non-existent charge, and they shouldn't do that, but it happens all the time. :(

The United States is a Foreign Corporation.

What's next?

[macerico]

Here's what I get off the model rules for the ABA....

RULE 3.3 CANDOR TOWARD THE TRIBUNAL

(a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

You also have....

RULE 8.4 MISCONDUCT

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or

(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

Just because they made rules doesn't mean they are always followed. :(