It is
the duty of a criminal lawyer to «appropriately negotiate a guilty plea and sentence for a client who faces inevitable conviction at trial, or for a client who simply wishes to acknowledge guilt».
Not exact matches
In addition to the Burke - Loeb case, Newsday has reported that the comprehensive federal scrutiny
of Spota's office has included whether there was anything unlawful in the handling
of the investigation into the shooting
of Huntington Station taxi driver Thomas Moroughan by an off -
duty Nassau County police officer; the circumstances under which former Suffolk County Executive Steve Levy gave up a $ 4.1 - million - dollar campaign chest to the district attorney's office, and also agreed not to run for re-election; the legality
of a wiretap placed on the phone
of former Suffolk detective John Oliva; the resolution
of the
criminal case against well - known Suffolk
criminal lawyer Robert Macedonio; the office's distribution
of asset - forfeiture money; and the investigation into a number
of political associates
of Suffolk County Executive Steve Bellone.
(I'm going to bracket technical concerns about the implementation
of the Recommendation, which really reduce to drafting matters — e.g., presumably the statement
of principles will be drafted in such a way that it does not conflict with
lawyers»
duties to their clients (for example, presumably a
criminal defence
lawyer will not be put in a position where their representation
of a client charged with or convicted
of a hate crime is somehow a breach
of the statement
of principles).)
The CBA's Code
of Professional Conduct on Obligatory Withdrawal states: «4 (a) if the
lawyer is instructed by the client to do something inconsistent with the
lawyer's
duty to the court or tribunal and, following explanation, the client persists in such instructions etc.;» Regrettably, I believe the B.C. SC has totally missed the point: upholding the law comes first and therefore, anyone engaging in white - collar
criminal activity should be charged or the public will loose faith and confidence in the independence and impartiality
of the Justice System.
Joe Egan, Law Society president, said: «The justice system is facing a cliff edge scenario;
criminal duty solicitors are part
of an increasingly ageing profession, and government cuts mean there are not enough young
lawyers entering the field
of criminal defence work.
Professor Woolley's academic articles have discussed
lawyer billing, the good character requirement for law society admission, the regulation
of extra-professional misconduct, legal ethics teaching, access to justice, the regulation
of civility, independence
of the bar, the
lawyer's
duties as fiduciary and as an advisor,
criminal lawyer ethics and the theoretical foundations
of the
lawyer's role.
I am not challenging the existence
of peremptory challenges given their support in the
criminal bar, and nor do I accept the position that a defence
lawyer has any
duty in relation to the exercise
of such challenges beyond ensuring the best interests
of her client.
We understand the ethical
duties of lawyers and judges in a
criminal trial — what they ought to do, what their office requires
of them.
Arkansas Rule
of Professional Conduct 3.1 which governs a
lawyer's legal
duty to raise only meritorious claims and defenses specifically addresses the difference between civil and
criminal cases in this regard:
You might have a different scenario if, say, a teacher were accused
of abusing a student — though in that case, I think the experience is that the likelihood
of the teacher being fired, as opposed to transferred to other
duties or suspended with pay pending the resolution
of criminal or disciplinary hearings (in which the accused or his or her
lawyer is typically allowed to confront his or her accuser) is practically nil
The commentary on Ontario's Rule
of Professional Conduct 4.01 (1) about a
lawyer's responsibility as an advocate, says: «The
lawyer has a
duty to the client to raise fearlessly every issue, advance every argument, and ask every question, however distasteful, which the
lawyer thinks will help the client's case...» Many
lawyers believe fiercely that no holds are barred when representing someone, particularly in
criminal matters and family law.
The PRC the
Criminal Procedure Law and the PRC
Criminal Code were also revised respectively in 2015 and 2012 to include articles that could easily be manipulated, articles 37 and 73
of the
Criminal Procedure Law and article 309
of the
Criminal Code, for instances, to curtail
lawyers» capacity in conducting their professional
duties.
Our parenting project steering committee had the following experts [9]:
criminal and family judges, child protection
lawyers from the local child protection agencies, police from the Youth and Family Violence units
of the three divisions in Scarborough, representatives from community service agencies, defence
lawyer,
duty counsel, a family
lawyer and myself, as representative
of the local Crown office.
The case came before Justice H.A. Lamoureux and focused squarely on what
criminal lawyers describe as «implementation
duties»
of police when effecting a person's right to counsel under section 10 (b)
of the Charter
of Rights and Freedoms.
It noted that a number
of lawyers were facing
criminal charges connected with their professional
duties.
They address screening tenants; preparing leases and rental agreements; basic rent rules; security deposits; discrimination; property managers; getting the tenant moved in; co-tenants, sublets, and assignments; the
duty to repair and maintain the premises; liability for tenant injuries from dangerous conditions, environmental health hazards, and
criminal activity; right
of entry and tenant privacy; ending a tenancy; returning security deposits and other move - out issues; problems and dispute resolution; late rent, terminations, and evictions; and finding a
lawyer and doing legal research.