Re: discharging an attorney

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Number 1. Motion in arrest of judgment withdraw plea fire
attorney play for time might not work the court may say the
delay's on you and be ready for trial. If the lawyer's court
appointed the judge may not let her fire the lawyer and then
y'all are stuck. However should be able to withdraw the plea
agreement but this will anger the federales so tread lightly,
specially if she did the crime.

Number 2. Person didn't shut their trap when attorney told
them to. Bad idea. Wanna bet it doesn't come back to bite
them? The DEA cannot control what a prosecutor does or does
not do...any agreement they make is subject to review. This
person has no way of understanding whether there is
collateral damage in the wings.

On 1/18/04, El wrote:
> Am I out of touch with reality, or is the following
> considered unethical behavior by an attorney?....
>
> Case #1: He led the interrogation against her in a meeting
> with the DEA, badgering her and reducing her to tears. He
> has not represented his client in her best interests, & had
> her plead guilty to things she didn't do. And all the
> while telling her lies, like "All federal jurors are
> retired military and they'll never find you innocent"; "You
> have no option but to plead guilty"; "The plea states 4-40
> years, but I can get you home detention".
> He also said, after she signed the plea, [and he was high-
> fiving with the DEA] "You know, they really didn't have
> anything on you."!!
>
> Is this typical behavior? Should it be tolerated? Can an
> attorney be discharged from a federal case, 2 weeks prior
> to sentencing? Should he be reported to the bar for this?
> Can she fire him, get a federal public defender, and change
> her plea? Will the judge look unfavorably on this action?
>
> Case #2: Her husband's attorney walked out of the meeting
> with 8 DEA agents, saying, "You don't need me here for
> this." I though an attorney should assist you thru such
> meetings, telling you what questions you should or
> shouldn't answer. "You have to roll, everybody rolls. Why
> won't you roll." Isn't it the client's decision or is it
> easier for an attorney to have a client roll? This
> attorney also told his client not to give up any
> information he had on an unsolved murder case, because it
> wouldn't do him any good. The client did disclose the
> details of the murder [without his attorney's knowledge]and
> as a result higher charges are not being sought by the
> DEA.
>
> Are these 2 attorneys engaging in unethical behavior?
> Should they be replaced? Reported? Any advice would be
> appreciated.

Re: discharging an attorney- hey Prairie Dawg, 2/18/04, by v.

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