Comments on: Covering Your Ass

By: Andino Lanyer

Andino Lanyer — Fri, 17 Aug 2007 03:55:00 +0000

I agree with 3:29, the accused is in a bad enough position without having to suspect that his lawyer is busy sabotaging his habeas. What’s more, at least in the Fifth Circuit, this type of claim requires independent and credible evidence that the lawyer never communicated the plea offer to his client — a standard few petitioners can meet. My experience has been that many defense attorneys called as witnesses decades later will throw themselves on their swords for their former clients. I applaud them.

By: Daniel Quackenbush

Daniel Quackenbush — Thu, 16 Aug 2007 20:29:00 +0000

So, many defendants are not actually paranoid when they think their defense attorney has or might sell them out? Thank goodness for attorneys like Mark Bennet.

By: David Tarrell

David Tarrell — Thu, 16 Aug 2007 14:21:00 +0000

My former boss (I quit my pd job a month ago and struck out on my own) advised us, in this situation or in one in which the client chose to testify against your advice, to bring the court reporter in without the judge or the pros and put it on the record that he or she was disregrading your recommendation. To me, however, this seemed like partially selling out your client because when you asked this, everyone talked about it and without a doubt the judge knew you were “covering your ass” somehow and your client looked both guilty and beligerent.

Isn’t the right way to do this with a letter? That way it’s hidden from public view unless the client waives the privilege with a complaint and you are covered without having to blatantly cover your ass in court which makes your client look bad even if the judge is left out of the courtroom?

By: Scott Greenfield

Scott Greenfield — Thu, 16 Aug 2007 13:28:00 +0000

and by the way, how about a little link to Simple Justice in your piece there, ol’ Texas Tornado? This is a floating crap game, and people have to know where to put their ante up.

By: Scott Greenfield

Scott Greenfield — Thu, 16 Aug 2007 12:34:00 +0000

Ah, boys. It ain’t over till the fat lawyer sings. We’re still up and kickin’ on this one.

By: Malum

Malum — Thu, 16 Aug 2007 04:26:00 +0000

Mark, I am glad that you explained your position on this and you bring up several valid points. I also appreciate the alternative response you proposed. i was in a similar situation on Monday and had mixed feeling about it when I chose not to respond to the question.

By: Matlock

Matlock — Thu, 16 Aug 2007 03:33:00 +0000

Ok, I understand what is being said here, but I have a question. If it is an ethical violation to comment on the fact that you spoke to your client about a plea agreement, how does that jive with the fact that we have an ethical obligation to take any reasonable offer to our client? The logical extrapolation would be that 1. an offer was made, 2. the client/ attorney chose or pursued a course of action contradictory to that offer, 3 therefore the offer was rejected.
Also, I’m not sure I agree with you on not commenting about a plea offer. You are not disclosing privileged material. The action pursued speaks for itself.