So today a potential client calls. Her whole family is arrested in a RICO case. Two family members are represented by one lawyer (something I never do). The third, is my potential client.
Appointment set. Time? After she goes to the other lawyer's office with her two other family members. (Criminal defense lawyers can stop reading here, as they know the end of this story).
At a restaurant, I see the other lawyer having lunch with a former judge. I mention to him that I received a call from the third family member, I know he's going to see the other two, and that I don't want to interfere with his representation, but family member three wants to hire me.
He comments to the judge "oh, we we're just talking about professionalism, how professional of you!" He also mentions that he's spoken to the prosecutor and that "all these cases can be resolved." (Should have been my clue).
Client just called to say she "can't make it." Wants me to call her back.
I do.
"I'm going to go with (other lawyer) because he says there's a plea deal."
Oink Oink my "colleague."
Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com
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22 hours ago
I agree with you that multiple representation by one lawyer of co-defendants in any case is questionable and dangerous. The lawyer runs the risk of having to refund money and possible loss of time. Even a written waiver is no gaurantee that a conflict may interferr with doing a good job on the case. The most "professional" thing to do is to always suggest that each defendant employ a separate "conflict-free" lawyer to represent them.
ReplyDeleteThe behavior of the other lawyer reflects poorly upon his "professionalism."
A bar complaint from a dissatisfied client can get your attention. Any complaint from a former client to other potential clients also can cost you in the long run.
Just do it right.
Brian you are right.
Yours in the Defense of Fellow Human Beings,
Glen R. Graham, Attorney at Law, Tulsa, Oklahoma - who is: http://www.tulsacriminaldefenses.com