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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 ...
Ineffectiveness claims can be brought by defendants who pled guilty to a plea deal and did so following the bad advice of counsel. Such claims typically arise when the defendant's lawyer fails to inform their client about the "collateral" consequences of their guilty plea. Collateral consequences include the loss of the ability to vote ...
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.
Dec. 15—WILKES-BARRE — An attorney for the man seeking the recusal of all Luzerne County judges from his divorce and child custody case filed a motion to preserve phone, computer and any and ...
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 attorney may also raise an objection against a judge's ruling, to preserve the right to appeal that ruling. Under certain circumstances, a court may need to hold some kind of pretrial hearing and make evidentiary rulings to resolve important issues like personal jurisdiction, or whether to impose sanctions for extreme misconduct by parties or counsel.
Requests for admission are a list of questions which are similar in some respects to interrogatories, but different in form and purpose.Each "question" is in the form of a declarative statement which the answering party must then either admit, deny, or state in detail why they can neither admit nor deny the truthfulness of the statement (e.g. for lack of knowledge, etc.).
For example, in 1990 Florida passed a 'Sunshine in Litigation' law which limits confidentiality from concealing public hazards. [9] Washington State , Texas , Arkansas , and Louisiana have laws limiting confidentiality as well, although judicial interpretation has weakened the application of these types of laws. [ 10 ]