Legal Question in Criminal Law in California

Your attorney under the influence during trial
Hello,

This might be a strange question but is there any rule or requirements under the Barr assoc or somewhere else that states an attorney cannot be under the influence of alcohol while in the middle of a trial (Meaning, actually in court)? I have a close friend that was able to have his attorney recused under a marsden hearing. In that hearing his attorney admitted to the judge that he was under the influence during the trial and case. That attorney was removed and a public defender was appointed. Does the defendant have any course that he can take in a civil court against said attorney?

Asked on 12/19/07, 6:45 pm

Allen Farshi Law Offices of Allen Farshi

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Re: Your attorney under the influence during trial

Yes this is an argument for ineffective assistance of counsel. The attorney can be sued for negligence.

Answered on 12/22/07, 3:49 am

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