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Some of the cites we server are,
Question For Defense Attorneys.?
I'Ve Always Wondered This...
If A Defense Attorney Finds Out That His Client Is Guilty Of A Crime, Does That Lawyer Have An Obligation To Report It? In Other Words, If A Lawyer Finds Evidence That His Client Did Murder Someone, And The Client Insists On Pleading &Quot;Not Guilty,&Quot; Does That Lawyer Have To Continue Defending Him? Can He Testify Against Him?
It Just Seems Odd That A Lawyer May Have To Fight His Hardest To Get Someone Off The Hook Whom He Knows Is Guilty.
A very astute and interesting question, and a puzzle that has remained perhaps the most perplexing and difficult ethical problem for the legal profession for many, many years.
In order to even begin analyzing the problem, you have to realize that it is near impossible for an attorney to ever "know" that a client is guilty - that is, unless the attorney was there, at the time that the crime was committed.
A defendant who informs his attorney that he is guilty might be mentally deranged, covering for another person, hoping to negotiate a plea bargain, or maybe confused about what constitutes a crime, or who may have actually committed it. It's not enough just to have your client confess to you.
In the famous novel Crime and Punishment, by Dostoevsky, the readers know that the protagonist, Raskalnikov, has killed 2 women - however, during the course of the book, other people confess to those crimes. In that circumstance, Raskalnikov's attorney could not have known what to believe about his client's guilt or innocence. In real life, a client's guilt or innocence is rarely known, and rarely black or white.
Interesting articles, one of which I'll link below, have analyzed how an attorney's ethical responsibilities are drawn into conflict by a case where the lawyer "knows" that his client is guilty. An attorney is bound by his legal ethics to protect confidential client communications (his client's admission of guilt surely qualifies here), and he must "act with commitment and dedication to the interests of his client". At the same time, the ethics of law require that an attorney always proceed with "candor" and honesty towards the court.
In the 1967 Supreme Court case "U.S. v. Wade" (not Roe's Wade), Justice White wrote "[Unlike prosecutors] defense counsel had no comparable obligation to ascertain or present the truth...[W]e also insist that he defend his client whether he is innocent or guilty." White goes on to make other interesting and relevant points - I commend that dissent to you as interesting further reading.
The short answer is that - if it were possible to actually KNOW of a client's guilt - most attorneys would be torn between the responsibilities that they owe to their clients (especially that confidentiality issue!) and their own moral compass (cue the jokes that lawyers have no moral compass).
This is a very difficult issue, and one that brilliant minds have debated for many years within the profession.
Check the article I've linked below for a longer discussion of some of the points that I've raised.
I hope this helps!
Looking For A Site With Free Legal Advice?Irish Law?
Its Got To Do With Family Wills,Ive Also Heard That Some Solictors With A Heart Give Some Time To People Who Are Basically Broke Any Advice Much App.
Citizens Information Board give excellent free advice on many topics including will and inheritances
Scroll down to the end here http://www.citizensinformationboard.ie/p... and you can see what the basic entitlements are.
You can also contact them by phone and put your query to them. They will advise you of the best way to address the matter and where/how you might be able to get free legal advice.
Is This Grounds For A Medical Malpractice Law Suit?
Last January I Went To See A Doctor Regarding Unwanted Weight Loss And Flu Like Symptoms. She Set Me Up For A Ct Scan Of My Abdomen And A Colonoscopy And Gave Me A Prescription. Her Office Called About A Week Later Saying The Doctor Wanted To See Me Asap So I Went Right In. She Told Me I Had A Tumor On My Bladder That Was About An Inch In Diameter And To Prepare My Life For Radiation And Chemotherapy And See A Urologist Immediately Which I Did. Both Tests Were Negative. I Returned To The Same Doctor And Told Her The Prescription She Had Given Me Caused Severe Diarrhea,Stomach Pain And More Weight Loss And I Didn'T Want To Use It Any Longer. She Argued With Me In The Same Manner A Two Year Old Child Might Argue With Their Parents And Insisted I Take The Medication Three Times A Day Everyday. I Later Learned The Prescription She Had Given Me Was A Laxative That Goes By The Brand Name Of Miralax. By This Time My Normal Weight Of 120 Pounds Had Dropped To 98 Pounds, None Of My Clothes Fit And I Was Wearing Adult Diapers 24/7. I'M A Retired Woman Without Insurance So All These Medical Expenses Were Mostly Out Of Pocket And It Became Necessary For Me To Purchase Medicaid Which Cost 35% Of My Retirement Income Which Literally Broke Me. I'M Still Having Stomach Aches And Loosing Weight But Have No Money Left To Pay Further Medical Costs. I Picked Up A Copy Of My Medical Records To See What This Ding-Dong Doc Had To Say And Found She Had Authored My Records To Say She Prescribed Two Does A Day Rather Than Two. I'D Been Fortunate Enough To Have Never Experienced Being Sick Before Meeting This Doctor. I'M At A Loss As What To Do Next. Your Answers Are Greatly Appreciated.
This is arguably malpractice -- wrong diagnosis. But you are unlikely to have enough money damages to make the case worthwhile for any attorney to take your cases. Pursuing a malpractice case would be a waste of your time.
You also said you had to purchase "Medicaid." Medicaid is a government program for low income persons. You can't purchase it. If you purchased some sort of medical insurance, perhaps it would help with your medical expenses. If you are retired, and over 65, you are presumably eligible for Medicare, which would also help with your medical expenses.
I suggest you find a source of information -- perhaps your county health department -- who could refer you to the assistance and services you need.
If U Cant Afford A Lawyer In A Child Support Case , Do U Have To Speak For Urself ? ?
The Judge Asked Me If I Would Like A Lawyer To Help Me With My Case I Told Her Yes But I Can'T Afford A Lawyer But Can The Court Give Me A Legal Aid And She Told Me No That I Either Have To Provide My Own Attorney Or Have To Speak For Myself
You are only entitled to free legal representation in criminal prosecutions, not civil cases such as child support. If you can't afford an attorney, ask the court clerk's office for a listing of free or low-cost legal services in the area for low-income people. Most counties throughout the U.S. have non-profit organizations that offer help to low-income litigants. Some courts also have free legal assistance for family law matters (note that they are generally for advice only & will NOT actually represent you in court). Try contacting the local bar association as well...they may be able to refer you to local attorneys who offer pro bono (free) or low cost services to people in your situation.
If you absolutely can't find an attorney you can afford, then yes you'll have to represent yourself.
Resources For Alcoholic With Possible Brain Injury In Portland, Oregon?
A Family Member Of Mine Is An Alcoholic And Addict. Every Time He Stops Drinking For About A Day, He Has Seizures And Is Taken To The Hospital. After A Couple Of Days Kaiser Releases Him. He Immediately Goes Back To Drinking Because He'S In So Much Pain From Withdrawals. He Recently Had Brain Surgery (Twice) From When He Fell And Hit His Head (Maybe During A Seizure, Or Maybe From Another Cause). He'S Very Rarely Coherent And Often Does Not Know Who His Family Members Are When He Sees Them. Nobody Seems To Be Able To Tell If His Problems Are Entirely Based On His Alcoholism Or If They Are Caused By A Brain Injury. Does Anyone Know Any Resources In The Portland Area To Get Him The Help He Needs? He'S Too Out Of It To Check Himself Into A Rehab Program, But His Lawyer Claims That He'S Too With It For The Family To Have Him Committed To Anything. Does Anyone Have Any Idea What Can Be Done With This Situation? Doctors And Lawyers Don'T Seem To Be Providing Any Answers At All And His Family Is Having A Very Hard Time Watching All Of This Happen And Feeling Completely Helpless. Any Help Or Leads To People Who Might Be Helpful Would Be Greatly Appreciated.
Ultimately, this person needs to want to quit drinking. You cannot force them to quit. It may be that you actually get him help and have him recover, at least somewhat, just to have him come out of rehab/detox and go back to binge drinking.
Given that, as you say, he is rarely even coherent I have a hard time believing a lawyer has legal precedence to supersede the wishes of your family who can clearly tell this relative needs medical help now.
It really sounds like your relative is dying. And that may be a reality you should prepare yourself for because without immediate help, that is what is going to happen.
As far as answering medical questions about why he is the way he is, I cannot say. For one, he's still drinking. Which isn't helping anything. He's also already had seizures and brain damage. Any of these can affect judgment, especially if he's still drinking. That is why I wounder why this lawyer is trying to prevent this relative from getting medical help if he is clear that far gone.
What you can do is look up local rehab and intervention centers. Get in touch with an interventionist, find out about local treatment centers, make contacts with the people who run these things, tell them your story and find out what they can do for you. Again, a person has to want to quit in order to actually do so. But you still have options so don't give up hope. Maybe if this person can sober up for more than a week and stay stabilized, they will want to give treatment an honest try. Just keep in mind, if he doesn't get help, he is going to die. Probably pretty soon too.
Help Me Child Custody Rights?
My 10 Months Old Daughter Havent Seen Her Dad For Exactly A Month ...Since She Was 9 Month S Dad Is Suppose To Take Her Tuesday Wednesday And Thursday... But Its Been A Month Now He Just Textes Me Today Now To See If He Can Pic Her Up What Shpuld I Do ...He Is Not Responsible Can He Loose Custody
Okay, so as long as there is a court-ordered custody agreement in place that says he gets to take her on Tue, Wed, & Thu, then you must comply with that agreement even if he has blown it off a few times. He may be screwing up, but he's still her father and he has rights too.
On the other hand, if he is paying you child support (which he should be), AND he's skipping out on his visitation, you can go back to court and ask for more child support to cover the costs of you filling in for him as care-giver on those days. Those days when he is supposed to have custody are also days that he doesn't normally have to pay you for child support (because HE is providing for your daughter's care during that time). So if he's not taking her on his assigned days, that causes an increased financial burden on you, and he is to blame for that. The courts will often re-arrange the custody and child support schedule if one parent isn't honoring the original agreement.