If an attorney is aware that a brain-dead person has been victimized in some way, can that attorney take initiative and represent that person even though not requested to do so? This is purely academic so feel free to be creative with the question and any related variables.
2007-09-17 17:44:22 · 5 answers · asked by - 3 in Politics & Government ➔ Law & Ethics
I guess what I'm really asking is how to assert this ability in court if the defenese were to object. Is there a statute or case law to reference?
2007-09-17 18:40:28 · update #1
No. What you're describing is called "champerty and maintenance," in which a lawyer who has no legal interest in a case brings it anyway.
The case would be dismissed, and the lawyer would be subject to disbarment.
If the family will not take steps, that reflects the family's decision to do nothing. Besides, if the patient is brain dead, then there is no client to represent.
2007-09-23 14:32:32 · answer #1 · answered by Anonymous · 0⤊ 0⤋
As a general rule if you are unable to secure an attorney on your behalf, for reason or another, you would be appointed an attorney from the public defenders office. However, if a brain dead person cannot ask that the volunteer attorney represent them, then there would be an immediate relative or someone representing the estate of this person to give permission to the volunteer attorney. I dont think he can volunteer on his own to represent this individual without permission and approval of the court. The volunteer attorney would have to petition the court to represent if he did not have permission from family of this individual. Sorry, don't know any case law on this. Also, each state has its own laws regarding situations like this.
2007-09-17 19:59:49 · answer #2 · answered by Anonymous · 0⤊ 0⤋
For justice, an attorney could initiate to protect the rights of a person by representing him in court proceedings.
2007-09-17 17:54:54 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Need more information. But, you should show it to a local lawyer. Most will answer one question without charge.
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2007-09-25 09:14:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Umm... what jurisdiction?
2007-09-25 15:26:50 · answer #5 · answered by AFM 2 · 0⤊ 0⤋