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.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?
Ok now that we have that established, the question remains.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.
Thank you for the link.Read this:
Missouri Rules of Professional Conduct
I couldn't find anything there that would prohibit the aunt from representing her nephew, but maybe you can.
She is not doing anything improper. She can represent her nephew who is accussed of victimizing the other nephew.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.
Which is exactly what any other defense attorney should do in this case...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?...
Yes, any other, not a blood relativeWhich is exactly what any other defense attorney should do in this case
While defaming the other just to get the one offHer goal is to get her nephew acquitted of criminal charges. Nothing more, nothing less.
At the other family members expense...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.
Nevermind, looking for opinions, not rhetoric from armchair denny cranes.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.
Yeah all us regular folk outside of this forum is just stoopud.Now it sure seems as though you are lying to save face...
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.