Since there are no current regulations pertaining to the unauthorized practice of law by non attorneys, however Vinny (the lawyer) would have the authority to make sure that Lisa follows rules consistent of ABA model rule 5.3, the responsibilities regarding non-lawyer assistants. In re Estate of Divine, the court ruled that non-lawyers could not be held responsible for the supervising attorney’s actions. However, Lisa stepped over the line and contacted her attorney friend in NY, and had him fax fraudulent biographical information on a Judge who Vinny was posing to be. Had she gotten caught, she would be in direct
It is not considered jury tampering because the prosecution and defense attorneys have the right to know the credibility of the person that would be deciding the fate of the defendant. Why or why not? The only way that I would see it being jury tampering is if after the jurors are chosen, someone starts threatening or trying to coerce the witness to not testify at the trial. Lawyers can also exercise a challenge for cause claiming the juror could not be
I would think that if a judge knowingly accepts a plea agreement knowing that the defendant is not admitting that he or she is guilty, and does not believe that the defendant is taking the plea out of an admission of guilt should not agree to the plea. At least with a trial a person has the
Investigation: A person can have reasonable privacy even in a public place. In this case, the person utilizing the phone booth would expect reasonable privacy because they would not think that their conversation would be recorded regardless of the conversations that took place. Under the Fourth Amendment, the taping of the phone conversations constitutes the search even though the search was achieved without a warrant. Conclusion: The evidence such as the tapes were inadmissible under the Fourth Amendment. Thus, the conviction was overturned.
If Joe Justice wants to get the deal done with Jim Lawbreaker, what options does he have in terms of bringing charges against him? I am not sure about the options the Joe Justice has regarding making a deal with Jim Lawbreaker, I think that the one of the charges would be accessory to commit a crime, and since he wasn’t the main character in the robbery and I think that in order to get to the main culprit the deal that Jim Lawbreaker attorney is offering is fair since the results of the lab tests are incomplete and a statement from Jim will help the prosecutor make sure that Martin goes to jail for the crime. The evidence does not place Lawbreaker on the scene and no witnesses can place him there either. 2. Does Joe Justice have enough evidence to take a case against Slick Martin to grand
The court held that in the instant case the court had either found that these conditions were met or they were undisputed. Therefore, the communication was privileged and protected from disclosure. I believe the criteria set forth in RFF Family Partnership, LP v. Burns & Levinson is a very practical and rational one. It allows the lawyer to protect and serve his fiduciary duty to his client, and at the same time if a conflict should come up, it allows the lawyer to seek advice of a lawyer without the fear intimidation by way of disclosure. Such privileged communications lead to resolutions in resolving existing conflicts, and avoiding potential conflicts.
If they told the truth, I had them. If they lied, I had them. I don’t relish the idea of embarrassing law enforcement officers in open court, but my hope was that they would lie. If a jury sees a cop lie on the witness stand, then the case might as well end right there. You don’t have to appeal a not-guilty verdict.
Anything more, however, runs the risk of giving legal advice and constitutes the unauthorized practice of law. The close working relationship between lawyers and paralegals creates problems in this area. A client who is aware of the relationship between the paralegal and the lawyer may rely on statements by the paralegal just as if they came from the lawyer (http://www.netplaces.com/paralegal/ethics-and-professional-responsibility/unauthorized-practice-of-law.htm). The client does not differentiate between a paralegal who is offering her own opinion (improper) and a paralegal who is relaying advice from the attorney to the client (proper). To the client, it is all legal advice.
Week #3 Discussion Question Discuss the difference between inculpatory and exculpatory evidence and the role each plays in the juvenile court intake process. Inculpatory evidence evidence shows a person's involvement in an act. Evidence which tends to show a person's innocence is considered exculpatory evidence. In many countries such as the United States, police or prosecutor are not required to disclose to the defendant any exculpatory evidence they possess before the defendant makes a plea (guilty or not guilty). [2] Per the Brady v. Maryland decision, prosecutors have a duty to disclose exculpatory evidence even if not requested.
When I did get caught up in the legal system, the first question my attorney asked was, “Are you an addict?” He further explained that if I was on drugs when I committed my crime, the District Attorney would be willing to make a deal for less jail time. The reasoning was that by being an addict I was not responsible for my actions, due to the fact that I was under the influence of a narcotic. The basic relationship between drug use and crime is simple. It is a crime to possess, manufacture, or distribute any drugs with a high potential for abuse such as marijuana, heroin, and methamphetamine. It is also illegal to drive while under the influence of drugs or alcohol.