Difference between revisions of "Ethics and Professional Responsibility"

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== Relationship between defense lawyer and defendant ==
 
== Relationship between defense lawyer and defendant ==
  
'''Formation of Attorney/Client Relationship'''
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===Formation of Attorney/Client Relationship===
  
 
The attorney/client relationship is formed when the defendant seeks advice or assistance from the defense lawyer; the advice sought is within the defense lawyer's professional competence; the defense lawyer agrees to render such assistance; and, it is reasonable for the defendant to believe the defense lawyer is representing him.  It is important to understand when the attorney/client relationship begins because this will determine which communications are protected by the attorney/client privilege.
 
The attorney/client relationship is formed when the defendant seeks advice or assistance from the defense lawyer; the advice sought is within the defense lawyer's professional competence; the defense lawyer agrees to render such assistance; and, it is reasonable for the defendant to believe the defense lawyer is representing him.  It is important to understand when the attorney/client relationship begins because this will determine which communications are protected by the attorney/client privilege.
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''' The Attorney/Client Privilege'''
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===The Attorney/Client Privilege===
  
 
At the time of the initial meeting with the defendant it is imperative for the defense lawyer to explain privilege and confidentiality.
 
At the time of the initial meeting with the defendant it is imperative for the defense lawyer to explain privilege and confidentiality.
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'''Developing the Attorney/Client Relationship'''
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===Developing the Attorney/Client Relationship===
  
 
The most neglected person in any criminal litigation is often the defendant.  Defense lawyers sometimes spend so much time preparing for the case, dealing with the other counsel and the court that they often forget about building a relationship with the defendant.  Typically, each case has a "critical point" where the defense lawyer urges the defendant to take his advice.  The defendant will not always follow that advice because the defense lawyer has not taken the time to build a relationship at the beginning of the representation.  The following are suggestions to foster the client relationship.
 
The most neglected person in any criminal litigation is often the defendant.  Defense lawyers sometimes spend so much time preparing for the case, dealing with the other counsel and the court that they often forget about building a relationship with the defendant.  Typically, each case has a "critical point" where the defense lawyer urges the defendant to take his advice.  The defendant will not always follow that advice because the defense lawyer has not taken the time to build a relationship at the beginning of the representation.  The following are suggestions to foster the client relationship.

Revision as of 08:47, 8 April 2010