What is the name of your state? Georgia
An attorney is placed on a case by the court, the attorney visits the person charged in jail, the attorney is ofcourse required by law to inform the court appointed client of the offer made by the DA's office.
The client refuses the offer, at that moment the attorney stresses to the court appointed client of his that a police officer has stated he witnessed the whole event leading to the client's arrest.
The attorney once more tries to tell the client to take the plea offer, the client refuses. Tells his court appointed attorney to go and get the statements, 911 tapes, and other needed materials so he and the court appointed attorney can review them, allowing he and the attorney to then make a more informed decision, (First Visit, client in jail).
The Second contact with the attorney is in the form of a letter written to the client, and sent to him in jail. Included in the letter are the witness statements, police reports, and a hand written note by the attorney saying "Your wife tells me she wants your to take the plea offer and get out, she's not paying your car anymore!"
The Third contact with the attorney is doing a probation hearing in which the attorney was also appointed to the client by the court, once more the attorney tries to pressure the client into the plea offer, and he refuses.
The attorney does not visit, or write the client for two, or three weeks, when last they spoke the attorney made no bones about the fact he wanted the client to plea out, especially with the fact that a police officer has witness the alleged event, so the client now writes the attorney with a letter such as the following:
" you have shown disappontment and hostility towards me for not taking any plea. you have been insistence upon me taking a plea, because a police officer alleges witnessing this event. you have not thus far come and talk to me face to face about the conflecting statements made by the parties. You have tried to pressure me into pleading out, even using a note, written by you telling me my wife wants me to take a plea and get out in fact admit guilt to something I did not do. It would seem you have tried and found me guilty because a policeman alleges witnessing the act we have not talked about any trial strategies, should you feel that way about this case I would report you to the State Bar, if this is not the case I hope to see you soon, because our court date is not even a month away." The Fourth time the client hears from the attornery is with a Petition to be removed as legal Rep. stating reasons being "the client had reported him to the State Bar, and of course no such report had been filed, and no attempt to ease client's concerns had been made by said attorney, nor did the client state in the letter to the attorney that he had in fact filed, and sent a complaint to any State Bar, the attorney in fact lied, in his effort to be removed for the case.
In the judges chambers the attorney did state before the DA, and others that a police officer had witness the events and well, what other things could he do.....
It should be noted the client was appointed another lawyer and won the case after added months of waiting.
What would you do about the attorney?
Did this attorney fail to fulfill his constitutional duty?
Didn't this attorney overtly lie to be removed form this case?
An attorney is placed on a case by the court, the attorney visits the person charged in jail, the attorney is ofcourse required by law to inform the court appointed client of the offer made by the DA's office.
The client refuses the offer, at that moment the attorney stresses to the court appointed client of his that a police officer has stated he witnessed the whole event leading to the client's arrest.
The attorney once more tries to tell the client to take the plea offer, the client refuses. Tells his court appointed attorney to go and get the statements, 911 tapes, and other needed materials so he and the court appointed attorney can review them, allowing he and the attorney to then make a more informed decision, (First Visit, client in jail).
The Second contact with the attorney is in the form of a letter written to the client, and sent to him in jail. Included in the letter are the witness statements, police reports, and a hand written note by the attorney saying "Your wife tells me she wants your to take the plea offer and get out, she's not paying your car anymore!"
The Third contact with the attorney is doing a probation hearing in which the attorney was also appointed to the client by the court, once more the attorney tries to pressure the client into the plea offer, and he refuses.
The attorney does not visit, or write the client for two, or three weeks, when last they spoke the attorney made no bones about the fact he wanted the client to plea out, especially with the fact that a police officer has witness the alleged event, so the client now writes the attorney with a letter such as the following:
" you have shown disappontment and hostility towards me for not taking any plea. you have been insistence upon me taking a plea, because a police officer alleges witnessing this event. you have not thus far come and talk to me face to face about the conflecting statements made by the parties. You have tried to pressure me into pleading out, even using a note, written by you telling me my wife wants me to take a plea and get out in fact admit guilt to something I did not do. It would seem you have tried and found me guilty because a policeman alleges witnessing the act we have not talked about any trial strategies, should you feel that way about this case I would report you to the State Bar, if this is not the case I hope to see you soon, because our court date is not even a month away." The Fourth time the client hears from the attornery is with a Petition to be removed as legal Rep. stating reasons being "the client had reported him to the State Bar, and of course no such report had been filed, and no attempt to ease client's concerns had been made by said attorney, nor did the client state in the letter to the attorney that he had in fact filed, and sent a complaint to any State Bar, the attorney in fact lied, in his effort to be removed for the case.
In the judges chambers the attorney did state before the DA, and others that a police officer had witness the events and well, what other things could he do.....
It should be noted the client was appointed another lawyer and won the case after added months of waiting.
What would you do about the attorney?
Did this attorney fail to fulfill his constitutional duty?
Didn't this attorney overtly lie to be removed form this case?
