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Attorney misconduct is unethical or illegal conduct by an attorney. Attorney misconduct may include: conflict of interest, overbilling, false or misleading statements, knowingly pursuing frivolous and meritless lawsuits, concealing evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument ...
Nonetheless, the Supreme Court has found notable examples of ineffectiveness. In Rompilla v. Beard, the Supreme Court faulted the defendant's lawyer for not reviewing a file that the attorney knew would be used by the prosecution in the sentencing phase of the trial. [17] In Glover v.
Where the attorney withdraws from representation, he has a continuing duty to maintain the confidentiality of information provided by the client during the relationship, except to the extent that the attorney may need to reveal confidences in a lawsuit to recover unpaid fees owed. However, the attorney must refund any portion of the retainer or ...
A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. [1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant.
Richard P. Liebowitz, a New York attorney focused on copyrights held by photographers, was disbarred by the state of New York in 2024 following suspension from the practice of law in the Southern District of New York. His disbarment followed what was described as a "pattern and practice of failing to comply with court orders and making false ...
An objection to form—to the wording of a question rather than its subject matter—is not itself a distinct objection reason, but a category that includes ambiguity, leading, compounding and others. Court rules vary as to whether an "objection to form," by itself, preserves the objection on the record or requires further specification. [8]
An investigation by the Massachusetts Supreme Judicial Court found that Troy, a Judge of the Dorchester District Court, had lied under oath while answering questions in a lawsuit brought by an insurance company following his wife's death, pressured an attorney into making a political contribution to Francis X. Bellotti, "willfully directed the ...
A form book is a tool used by attorneys in the United States to aid in the filing of pleadings, motions and other legal documents with a court or similar decision-making body. [1] A form book may be a bound volume or binder containing loose-leaf pages, containing forms, clauses and model documents that the attorney might use when preparing a ...