Legal Malpractice?

[eagleone]

What is the name of your state? Missouri.

Hypothetical:

Individual is surprised that his attorney on theft charge has miraculously arranged a plea bargain which reduces the charge from a class b felony to a misdemeanor.

His attorney advises him to accept it, and he does.

In the last 2 weeks, individual discovers that sole witness against him, a city police patrolman, had been called up for duty in Iraq before his case was scheduled to go to court.

He further discovers that his attorney knew this when he advised him to take the misdemeanor plea bargain.

His attorney did not advise him that the complaining witness would be unavailable.

Is this legal malpractice?

 

[oberauerdorf]

It depends.

Are you at the Columbia or Kansas City campus?

 

[HomeGuru]

What is the name of your state? Missouri.

Hypothetical:

Individual is surprised that his attorney on theft charge has miraculously arranged a plea bargain which reduces the charge from a class b felony to a misdemeanor.

His attorney advises him to accept it, and he does.

In the last 2 weeks, individual discovers that sole witness against him, a city police patrolman, had been called up for duty in Iraq before his case was scheduled to go to court.

He further discovers that his attorney knew this when he advised him to take the misdemeanor plea bargain.

His attorney did not advise him that the complaining witness would be unavailable.

Is this legal malpractice?

**A: it is hard to say as this is a very complex issue that would require hours of research into statutory and case laws, attorney code of conduct and code of ethics etc.

 

[oberauerdorf]

Damn HG, you spoiled my fun. I was going to tell him to wait until his second year where all of his questions would be answered in 526L Professional Responsibility (3) usually taught by Jim Westbrook, professor emeritius .

 

[HomeGuru]

Why do these people expect us to do their homework for them?

 

[oberauerdorf]

L.A.Z.Y.

 

[eagleone]

**A: it is hard to say as this is a very complex issue that would require hours of research into statutory and case laws, attorney code of conduct and code of ethics etc.

Nah, you're all wrong. I'm too old to be in college. Real current life situation. Punishment already levied and time served before discovery. I was just checking to see if I was thinking straight about it or not.

I guess if it's that complex and ambiguous an issue, I oughta go ahead and contact mobar. I hesitate before stirring stuff up as it involves public defender's office and more than one case.

Any other suggestions appreciated.

Like the forum. First time here.

Thanks

 

[oberauerdorf]

He further discovers that his attorney knew this when he advised him to take the misdemeanor plea bargain.

O.K. I just called my brother (he's the smart one since he knows how to find the stud to nail the diploma to the wall) who is also a member of the Missouri Bar and his comments were:

What proof does exist that the attorney KNEW the witness would not be available?

Also, the witness may not have been the entire case so unless you can prove that there was no other evidence, it's going to be an uphill battle to prove malpractice or a continuing course of malpractice.

RockChalk JAYHAWK!!!

 

[eagleone]

Proof exists, but I wasn't looking for a pot of gold, just justice for my son. This incident was the first contact I had had with law enforcement for 20 years. Needless to say, when I found out about the deceitful way they dance around miranda with pre-arrest statements, I wasn't too proud of our system. Finding this out didn't make me any happier.

Rock Chalk JAYHAWK?

You got it. I think Self and the team did great this year considering everything. I have to say that I probably did enjoy Mr. Williams early exit from the tournament more than I should've.

Ever visit larryville.com? good forum.

BTW, where is the logout button? I'm trapped, lol.