Violation of Code of Ethics?

Asked about 1 year ago - Houston, TX

MURDER TRIAL: Defendant interviews & hires counsel for his 1st trial based on the fact attorney claimed he did have previous experience handling cases such as his. (That was 20yrs ago & we just recently discovered that the attorney actually liked).

Not only did he not have any previous experience handling a murder cases but, he had no big jury trial case experience as well. Subsequently, he loses.
Defendant is granted a 2nd trial 2 years later. Judge court appoints the same attorney. From the 1st to the 2nd trial, attorney was hired counsel on another murder case that did go before the jury and lost and won an appeal for a 2nd trial. Judge court appointed a different attorney for the 2nd trial. (Different Judge)

Additional information

**attorney actually *lied* (typo)

Even though the attorney had lied to the defendant about his previous experience I assume that the judge would have known he lacked experience. Therefore the question I have did the judge who court appointed the same attorney for his 2nd trial violate any code of ethics or whatnot? Wouldn't a defendant have the right to be appointed experienced counsel and counsel that hadn't already failed them prior?

Attorney answers (1)

  1. James Donald Garrett

    Contributor Level 20

    2

    Lawyers agree

    5

    Answered . The attorney does have the ethical duty to be honest and not mislead his clients. However, it is also the responsibility of any potential client to do their own due diligence, particularly in murder cases where so much is at stake. I would have to imagine if the judge appointed this attorney for the retrial, the judge has confidence in this attorney's competence.

    If you have other questions regarding ethical obligations, you should contact the state bar to address your concerns.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more

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