How far does it extent? Flashcards

1
Q

When MUST an attorney withdrawal from Representation?

A

1) Physical mental condition material impair
2) Fired
3) Client persists in a cause of action that lawyers believe is criminal or fraudulent.
4) Whether representation will result in violation of RP or other law.

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2
Q

When MAY a attorney withdrawal from Representation?

A

1) Client used lawyer SERVICE to perpetrate a CRIME or FRAUD
2) CLient objective is REPUGNENT to the lawyer
3) Client FAILS to substantially fulfill an OBLIGATION to the lawyer
4) the Representation results in a reasonable FINANCIAL BURDEN.

5) other good cause.
* * no material adverse effect on client.

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3
Q

Special Duties of a Prosecutor

A

1) Proceed only on PROBABLE CAUSE
2) Protect defendant’s RIGHT to COUNSEL
3) No seeking ADVANTAGE from UNREPRESENTED
4) Must DISCLOSE EVIDENCE tending to NEGATE guilt
5) Limiting extra-judicial statement of others under prosecutor’s control.
6) Promptly disclosure New credible materail evdiecn that creates a reasonable liklihood that a convicted Defendant is innocent, and if the conviction occured in the prosecutor’s jurisdiction, make a reaosnable inestiagtion in to the possible wrongful conviction;
7) Seek to remedy a conviction when the prosecutor know of clear and convincing evidence that a convicted defendant is innocent.

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4
Q

Accepting an Appointment

A

Lawyer must not seek to avoid an appointment by the court except for good cause.

1) You would violate the rules
2) an unforeseeable financial burden
3) So repugnant you cant represent them accurately.

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