Fails to use/depose a witness (police officer) who would testify why he didn't arrest the suspect/defendant on the scene ie because there was no crime (suspect was later arrested with no new developments or evidnce instead of repeated complaints by phone by alleged victim the next day)
Fails to use wonderful argument he had at his disposal at a cop/sentencing to mitigate sentence or more specifically fight for a withold. (despite asking client for details of such before hearing)
Maybe, but lawyers are generally entitled to a good deal of leeway in terms of strategic decision making.
That said, my thoughts are that no responsible attorney should opine (I certainly won't) based solely upon your one sided and slanted proffer / question.
If you think you have a complaint to make then I suggest that you simply make it and don't try to vet in on AVVO.
Whether there was an ethical failure or not once you file the complaint the Bar will call the lawyer to answer, and if in fact it turns out that there was an ethical failure then rest assured that the Bar will take appropriate action.
I hope that I have been helpful in answering your question.
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This does not sound like an ethics violation to me. A lawyer is entitled to make most of the strategy decisions in a criminal case. If you do not agree with the strategy, you can fire the lawyer and hire one who agrees with yours. Your question actually goes more to whether the lawyer was ineffective, or whether he committed malpractice. We do not know enough about your case to make a judgment about that. You will get nowhere with the Florida Bar based on the facts you have given. The better route for you to take is to talk to a lawyer who handles ineffective assistance of counsel claims, or one who handles legal malpractice.
Taking a deposition is up to the lawyer, it is not unethical to either take a deposition or not. Failing to use a wonderful argument does not amount to an unethical matter to me.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Impossible to tell whether the failures, were good strategic or tactical decisions without knowing all the facts and details of the case.
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