Friday, November 22, 2013

An Act Of Betrayal

The Nebraska Supreme Court has imposed an indefinite suspension of no less than three years of a criminal defense attorney who failed to respond to charges that she "disclos[ed] confidential information regarding criminal charges against a former client in order to ensure the client's conviction."

The attorney was retained to defend a client charged with first degree sexual assault. The client and his family hired another attorney and terminated her representation.

The attorney then called the prosecutor to discuss the case, told him "she knew that her former client was guilty, and that she wanted to make sure the prosecutor sent [him] to prison." She gave the prosecutor the names of witnesses and discussed the expected defense strategy.

The prosecutor called Disciplinary Counsel and informed the new attorney for the defendant.

The court declined to disbar the attorney, notwithstanding her failure to respond to the charges.

It is unfortunate that the attorney defaulted, as there must be a lot more to this story. A cursory google search suggests that there may have been mitigation evidence that did not get presented. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/11/the-nebraska-supreme-court-has-imposed-an-indefinite-suspension-of-no-less-than-three-years-of-a-criminal-defense-attorney-wh.html

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