Defending People

the tao of criminal defense trial lawyering

Racehorse in Conflict

Mark Bennett | October 23, 2009

Given how I feel about lawyers representing defendants with conflicts, I was a bit disturbed to read this piece (Lisa Falkenberg) about Richard “Racehorse” Haynes being accused of conflicted representation in a federal drug case. Richard’s client, Dong Huynh, sentenced to 22 years in prison, alleges that Richard had a conflict of interest because Dong [...]

Waiving Conflict II

Mark Bennett | October 14, 2009

From the comments to my post on Waiving Conflict of Interest:
Of course, sometimes it’s a prisoner’s dilemma.Both clients have a good chance of winning if neither cooperates.If one cooperates against the other, both clients will certainly lose — one more than the other.The government plays divide and conquer, trying to intimidate one into losing only [...]

Waiving Conflict of Interest

Mark Bennett | October 13, 2009

Recurring newbie lawyer question on criminal defense listservs:
“Does anyone have a conflict of interest waiver form they can share?”
(A little background for the nonlawyers: a lawyer is to represent her client’s best interests. Each client has his own best interests. A lawyer can’t choose between one client’s interests and another’s; she must serve both. Sometimes [...]