In jail charged with drug possession F5, permitting drug abuse MD, PV and contempt of court. Yet to go to court. Attorney overheard to say she (inmate) caught another conviction and he shouldn't be representing her as he also represents the witnesses against her. The next day he offers her 22 months in prison.
If an attorney has a conflict of interest, they have a duty to disclose the conflict and to refuse the case. Some conflicts can be waived by the client, some can't. This is something that should be addressed.
If the attorney has a conflict of interest and you do not trust them, you fire that attorney. The court will allow you more time to hire another attorney.
An attorney can neither "side step" a conflict, nor force someone to take a plea. If the attorney hasn't raised the issue, the defendant should. It's very unlikely the attorney will continue to represent the defendant once this issue is raised. While some conflicts can be waived, few of us would be comfortable, even with a waiver, representing a defendant and a witness in the same matter.
Answers provided by attorney Matt Williams to questions on Avvo DO NOT form an attorney client relationship. Mr. Williams is available to represent persons charged with crimes in Ohio for a fee. Only after Mr. Williams is retained, or agrees to discuss a matter privately, shall Mr. Williams be deemed your attorney. Mr. Williams answers questions on Avvo only to provide general advice based upon the limited information in the question.
No. Once he discovers the conflict of interest, he must disclose the conflict and withdraw from the case. I believe the only way he can stay on the case is if he discloses the conflict to the affected parties/witness and that each person consent in writing to his continued representation. She needs to contact this attorney and tell him to withdraw.
Answers provided by attorney Jonathan Horwitz to questions on Avvo do not form an attorney client relationship. Mr. Horwitz is available to represent persons charged with crimes in Ohio for a fee. Only after Mr. Horwitz is retained, or agrees to discuss a matter privately, shall Mr. Horwitz be deemed your attorney. Mr. Horwitz answers questions on Avvo only to provide general advice based upon the limited information in the question.
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