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Defense attorney related to victim

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peeps

Junior Member
Nevermind, looking for opinions, not rhetoric from armchair denny cranes.
 
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latigo

Senior Member
What is the name of your state (only U.S. law)? MO

Hi all, first post.

My question is, would it be an ethics issue if concerning a criminal case, the defense attorney is related to the victim whom the state is representing? What we have is two brothers involved, one is the victim, the other is the defendant charged with both a felony and a misdemeaner. The defendant's attorney is the aunt of both involved.

Is this allowed?
Your premise is faulty. The office that is prosecuting the lady's client is not representing the victim. It's only client is the State of Missouri.
 

peeps

Junior Member
Doesn't answer the question

Your premise is faulty. The office that is prosecuting the lady's client is not representing the victim. It's only client is the State of Missouri.
Ok now that we have that established, the question remains.

Nevermind, looking for opinions, not rhetoric from armchair denny cranes.
 
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Ohiogal

Queen Bee
Thank you for the link.

The attorney in question can hardly be considered a neutral third party due to her relationship to all involved and I understand that is not a clear cut argument, what in the US judicial system is. I have read our actual states rules governing ethics as well, naturally within all the legalise it doesn't spell out specifically such an occurance as this. I would bet it is likely a rare event. It just seems ludicrous to me. The family relationship isn't a passing thing, it will always exist. I just can see how it's ethically justifiable as an attorney, to get involved by formally defending a client while the states witness/victim holds the same relationship to the attorney as their client does. I mean doesn't this just sound silly? The attorney in question practices probate law and is only involved because the defendant can't afford an attorney that practices in the area of criminal law.
She is not doing anything improper. She can represent her nephew who is accussed of victimizing the other nephew.

Question: Who are you in all this?
 

Tex78704

Member
...How can this attorney defend one nephew, put him on the stand and build him up as an angel while putting the other nephew on the stand and tear him down?...
Which is exactly what any other defense attorney should do in this case ;)

A lot of attorneys have relatives that need legal help, such that they occasionally feel a duty to run interference for... pro bono. The aunt may feel that even with her limited criminal law experience, she will represent him better than a court appointed attorney.

Her goal is to get her nephew acquitted of criminal charges. Nothing more, nothing less.

And in terms of the "family relationship" not being a passing thing as you note, she may feel that in the bigger picture of that, she should do what she can to avoid a member of the family having a felony conviction.
 

peeps

Junior Member
Which is exactly what any other defense attorney should do in this case ;)
Yes, any other, not a blood relative

Her goal is to get her nephew acquitted of criminal charges. Nothing more, nothing less.
While defaming the other just to get the one off

And in terms of the "family relationship" not being a passing thing as you note, she may feel that in the bigger picture of that, she should do what she can to avoid a member of the family having a felony conviction.
At the other family members expense...

So thusfar, the opinion is there is no conflict of interest? Ridiculous.

As far as who I am, what does that matter?
 

Tex78704

Member
Your personal opinions on "conflicts of interest" and "ethics" in this case are irrelevant, since there is nothing in the law or attorney code of ethics that supports your arguments.

Bottom line is this attorney can and will defend her nephew.

If there was truly a legal or ethical issue here, the prosecutor would be all over it.
 
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peeps

Junior Member
Your personal opinions on "conflicts of interest" and "ethics" in this case are irrelevant, since there is nothing in the law or attorney code of ethics that supports your arguments.

Bottom line is this attorney can and will defend her nephew.

If there was truly a legal or ethical issue here, the prosecutor would be all over it.
Nevermind, looking for opinions, not rhetoric from armchair denny cranes.
 
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Tex78704

Member
Now it sure seems as though you are lying to save face... :rolleyes:

Any attorney worth their salt would NOT point you "to the proper state governed office" for this kind of issue, but should inform you that the judge presiding over this case is the only one with the authority to make the call on this. But since you are not a party to this suit, you do not have standing to question the attorney's involvement in this case. This would have to come from the prosecutor, who would not be concerned with your opinions in this matter. :p
 

peeps

Junior Member
Now it sure seems as though you are lying to save face... :rolleyes:

Any attorney worth their salt would NOT point you "to the proper state governed office" for this kind of issue, but should inform you that the judge presiding over this case is the only one with the authority to make the call on this. But since you are not a party to this suit, you do not have standing to question the attorney's involvement in this case. This would have to come from the prosecutor, who would not be concerned with your opinions in this matter. :p
Yeah all us regular folk outside of this forum is just stoopud.:eek:

Exactly why I don't do the forum thing for factual advice but merely to gain some opinions and you know what opinions are like. Don't assume too much, you have no idea whether I'm a party or not. Just because I'm not spilling my guts like a LMN watching housewife looking for sympathy from a bunch of people I don't know and never will doesn't mean I'm on the outside looking in.;) "Lying"? Really? You think I care to "save face" on a forum that I won't be a member of past today? Don't kid yourself. I fully expected to get bombarded by armchair denny crane types. Discovered what I was curious of, opinion wise mind you, you all just don't know for sure either. Post count does not dictate knowledge base. Silly rabbit, cliques are for kids. Bye-bye
 

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