If a person comes to you needing representation and admits to killing someone and later the lawyer finds out he is related to this person killed, must a lawyer continue to protect this person as a client.
2007-07-24 09:19:41 · 7 answers · asked by William Z 4 in Politics & Government ➔ Law & Ethics
The lawyer is bound to continue representation until excused by either mutual consent or the court before which a case is being heard.
In this case, those who've discussed conflict issues are off the mark - this is not a case in which the lawyer has what is termed a conflict in representation. And if the lawyer only later finds out that he is related to the person killed, one would presume that the relation is at best remote...
The more believable situation might be that the client comes in and says "I need representation on a possible murder charge." The lawyer says, "OK."
The client then says "I killed X" and X turns out to be a relative. At that point the lawyer would simply say to the client, "Look, that's a relative of mine. He's my cousin (or whatever). Are you sure you want me to represent you?"
The client will probably say no - and then the attorney is merely bound by confidentiality.
2007-07-24 09:38:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
That will sometimes be up to the court, not the lawyer. Once you start defending someone, you can certainly raise the issue with the court, but they may not excuse you from defending the client. If this is a distant relative, and the trial has already started, you may be asked to continue.
If the investigation is still ongoing, you can choose to withdraw.
Anything said to you while you are acting for that person is protected as confidential, and cannot be used in evidence.
2007-07-24 09:34:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Generally, no.
The lawyer would still be bound by the ethical rules and evidentiary limits for confidentiality.
But the lawyer would have a conflict of interest that renders them unfit to continue representing the client, and in most jurisdictions MUST withdraw. In the rest, the lawyer MAY withdraw.
2007-07-24 09:28:39 · answer #3 · answered by coragryph 7 · 1⤊ 0⤋
Some lawyers provide the first appointment free. Ask about this when you make an appointment. This is a chance to see if the lawyer can meet your needs. You can leave after this without further obligation.
Do not waste a first interview. Prepare a written list of questions and a short summary of your problem. You may like to bring some of the more important documents as well. However, the lawyer may not be able to advise you without more time to read them.
What are my options?
After you have explained your problem, ask your lawyer:
to outline your options and how your problem can be solved. If you don't understand something ask the lawyer to explain
about ways to solve your problem without going to court
if you need a lawyer to handle this problem or if you could do it yourself.
Is your lawyer experienced in this area of work?
Many lawyers specialise in particular areas of law. Ask your lawyer:
What experience they have had with your type of problem.
Who will actually be doing the work.
To tell you if your case is referred to another lawyer either inside or outside of the firm.
What are my chances?
Ask about your chances of success. Discuss what you consider to be a successful result.
What work will your lawyer be doing?
Make sure your lawyer understands what you want to achieve. Ask your lawyer:
how the work will be done
to explain the steps involved
how you will be informed of the progress of your case.
How long will it take?
Ask if anything can be done to speed things up. Ask if there might be delays and how they can be avoided. The longer it takes, the more expensive it is likely to be.
Is legal aid available?
Your lawyer may be able to get legal aid for you if you are on a low income. Contact Legal Aid WA's InfoLine on 1300 650 579 or see Legal representation for more information.
How much will it cost?
Shop around and remember you can negotiate. In most cases your lawyer should be able to tell you how costs will be calculated. Ask if:
They will take the case on a 'no win, no fee basis'.
What else you might have to pay.
If you have to pay anyone else's legal costs if you lose the case.
Are there any tasks you can complete yourself to reduce costs.
Remember that cost is not the only factor in choosing a lawyer.
Don't sign any agreement about fees unless you understand it and are happy with it. You may need independent legal advice on the agreement. Tell your lawyer you want to be kept informed about costs as the case goes on.
When do I have to pay?
In most cases your lawyer must advise you in advance and in writing how and when you will have to pay. You are entitled to receive a detailed bill before you pay. Some lawyers will agree to wait until the matter ends before you pay them. Remember, how and when you pay can always be negotiated.
For more information see Costs and fees.
Where can I get more information?
A fact sheet "A guide to better communication with your legal practitioner" published by the Legal Profession Complaints Committee can be downloaded from the Legal Practice Board of WA website............Tomiko Ballard
2015-10-02 17:05:46 · answer #4 · answered by ? 1 · 0⤊ 0⤋
No, you can state conflict of interest.
(which means something personal would block the lawyer from doing their best job, so they can't continue)
2007-07-24 09:27:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No. they do not have to defend you. They can dismiss themselves because a conflict in interest. and would you really want to pay someone top dollar that really doesnt want to defend you?
2007-07-24 09:27:46 · answer #6 · answered by Anonymous · 1⤊ 0⤋
sold my house and the day before I am suppose to give them the keys he backs out said that he could not afford the insurance on it. both parties have signed papers and everything can he do that
2015-07-09 16:58:22 · answer #7 · answered by ? 1 · 0⤊ 0⤋