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Standard Fifteen: Disposition of Client Complaints
- American Bar Association, Standards for Criminal Justice, 4-5.1, Advising the Defendant:
- After informing himself or herself fully on the facts and the law, the lawyer should advise the accused with complete candor concerning all aspects of the case, including a candid estimate of the probable outcome.
- It is unprofessional conduct for the lawyer intentionally to understate or overstate the risks, hazards, or prospects of the case to exert undue influence on the accused's decision as to his or her plea.
- The lawyer should caution the client avoid communication about the case with witnesses, except with the approval of the lawyer, to avoid any contact with jurors or prospective jurors, and to avoid either the reality or the appearance of any other improper activity.
- Certain decisions relating to the conduct of the case are ultimately for the accused and others are ultimately for defense counsel. The decisions which are to be made by the accused after full consultation with counsel are:
- what plea to enter;
- whether to waive jury trial; and
- whether to testify in his or her own behalf.
- The decisions on what witnesses to call, whether and how to conduct cross-examination, what jurors to accept or strike, what trial motions should be made, and all other strategic and tactical decisions are the exclusive province of the lawyer after consultation with the client.
- If a disagreement on significant matters of tactics or strategy arises between the lawyer and the client, the lawyer should make a record of the circumstances, the lawyer's advice and reasons, and the conclusion reached. The record should be made in a manner which protects the confidentiality of the lawyer-client relationship.
American Bar Association, Standards for Criminal Justice, 4-5.2, Control and Direction of the Case:
National Legal Aid and Defender Association, Standards for Defender Services, Standard I-4:
- Counsel should be provided in a systematic manner, in accordance with an established and well publicized plan. This plan should include a procedure for insuring that complaints against attorneys, other appointed counsel or defenders, are promptly brought to the attention of the court for a hearing on the record concerning the substance of such complaints.
P/T Paralegal - TDA
