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PJMcK

(22,037 posts)
Mon Apr 16, 2018, 07:55 AM Apr 2018

DU Lawyers: A question about representation

It's been reportedly very difficult for Trump to find good legal representation in his potential criminal cases. When John Down resigned, that left Trump almost entirely without relevant legal experience. This morning, there was a report that yet another attorney passed on working for Trump:

https://www.democraticunderground.com/10142038627

My question is simple. Did John Down have any responsibility to help Trump find a replacement lawyer? By leaving, Down has left his former client exposed. Is there any relevant ethics rules involved when a lawyer and a client part ways?

Make no mistake: I'm certain Dowd left because of the near-impossibility of effectively representing this client. The fact that so many other high-end lawyers won't take Trump's case indicates that there are a myriad of reasons why Trump is a dangerous person to be associated with.

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DU Lawyers: A question about representation (Original Post) PJMcK Apr 2018 OP
A lawyer has no obligation to find another lawyer. former9thward Apr 2018 #1
Thanks, that's interesting PJMcK Apr 2018 #2
Many reasons. former9thward Apr 2018 #5
Thanks, again! (n/t) PJMcK Apr 2018 #7
If the lawyer feels the client is acting in bad faith.... NCTraveler Apr 2018 #3
Sounds complicated PJMcK Apr 2018 #6
No jberryhill Apr 2018 #4
Hah! PJMcK Apr 2018 #8
When your job is specifically written into the Constitution as someone else's right... jberryhill Apr 2018 #9

former9thward

(32,016 posts)
1. A lawyer has no obligation to find another lawyer.
Mon Apr 16, 2018, 08:13 AM
Apr 2018

The lawyer might suggest others and the client may or may not contact them. Once a criminal case has actually started a lawyer needs permission from the court to leave. Often that permission is not given. I believe Trump's supposed problems with his legal team have been overstated like other aspects of this investigation. The main problem he has is that he doesn't want to accept legal advice that is contrary to what he wants to do. Some lawyers can work with a client like that and some won't do it.

PJMcK

(22,037 posts)
2. Thanks, that's interesting
Mon Apr 16, 2018, 08:16 AM
Apr 2018

Trump must be the most difficult lawyer in the world!

Why does the court have approval over a lawyer leaving once a criminal case has begun?

former9thward

(32,016 posts)
5. Many reasons.
Mon Apr 16, 2018, 08:25 AM
Apr 2018

First, it will delay the case while the client gets a new lawyer and that new lawyer has to get up to speed on the case. Second, a client could use that as a tactic to delay the case and thus cause undue hardship to potential witnesses and/or the victim in the case.

 

NCTraveler

(30,481 posts)
3. If the lawyer feels the client is acting in bad faith....
Mon Apr 16, 2018, 08:17 AM
Apr 2018

or simply not in his best interests, it might be an ethical concern to suggest another lawyer.

 

jberryhill

(62,444 posts)
4. No
Mon Apr 16, 2018, 08:24 AM
Apr 2018

There is no obligation to provide a referral.

If a lawyer has been representing a client in a court proceeding, then permission of the court would be required for the lawyer to withdraw.

But, no, the 13th Amendment still applies.
 

jberryhill

(62,444 posts)
9. When your job is specifically written into the Constitution as someone else's right...
Mon Apr 16, 2018, 10:19 AM
Apr 2018

...then you get a little sensitive to that fact.

Nobody ever has a Constitutional right to a dentist, a plumber, or an auto mechanic, as I am often reminded.

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