What Would YOU Do? (Part 2)
Comrade Nebur and I faced this dilemma a little while back . . .
Your client has the chance of a dismissal with prejudice because the DA did not properly notice a request for a continuance. However, if you waive the defect, you keep the goodwill of your adversary and future clients will benefit.
What do you do?
posted by brainmarket @ 10:39 PM
1 Comments:
This is a significantly difficult problem. The most effective defense lawyers violate their ethical duty to zealously represent each individual client; this occurs through professional courtesies extended which may lightly assist the other side on any given day. (Prosecutors also extend these courtesies routinely to those who are likely to reciprocate.)
The net is a gain; the individual client may get a just result, which is (as is often the case) quite unfortunate for them. Yet it increases effectiveness for every other client.
This is less troublesome in civil practice, where one can clearly articulate to clients the interest served in not jamming the opposition. In criminal cases, informed consent by clients is impossible; the clients are mostly idiots.
I think each case needs to be evaluated; if your murder client is going to go free, you ought to irritate the other side. But as for reasonable requests made by reasonable opposition without severe consequences to client, I think all clients are best served by a reputation for reasonableness.
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