Conflicts of Interest: Difference between revisions
No edit summary |
No edit summary |
||
| Line 3: | Line 3: | ||
If the criminel defense attorney represents a client and the defense attorney has an existing conflict of interest, the client may later have an action against the attorney for malpractice or [[Ineffective Assistance of Counsel | ineffective assistance of counsel]] | If the criminel defense attorney represents a client and the defense attorney has an existing conflict of interest, the client may later have an action against the attorney for malpractice or [[Ineffective Assistance of Counsel | ineffective assistance of counsel]] | ||
=Conflict is Raised Prior to or During Trial= | |||
=Conflict is Raised After Trial= | |||
=Waiver= | |||
In some cases both potential and actual conflicts of interest may be waived by the defendant if the defendant provides informed and written consent to the conflict. | |||
The trial court has discretion in determining whether a conflict of interest is, or is not, waivable. <ref> Wheat v. United States, 486 U.S. 153 (1988)</ref> | |||
---- | ---- | ||
Revision as of 15:58, 6 August 2010
Background
It is crucial that the defense attorney is dilligent and zealous in advocating on behalf of her client. Any conflict of interest that creates an incentive for the defense attorney to undertake representation that is anything less than zealous should be avoided. Conflicts of Interest are often analyzed by examining whether the conflict would harm the defendant's right to counsel.
If the criminel defense attorney represents a client and the defense attorney has an existing conflict of interest, the client may later have an action against the attorney for malpractice or ineffective assistance of counsel
Conflict is Raised Prior to or During Trial
Conflict is Raised After Trial
Waiver
In some cases both potential and actual conflicts of interest may be waived by the defendant if the defendant provides informed and written consent to the conflict.
The trial court has discretion in determining whether a conflict of interest is, or is not, waivable. [1]
See Ethics and Professional Responsibility
Notes
- ↑ Wheat v. United States, 486 U.S. 153 (1988)
