Legal Question in Criminal Law in California

In a highly publicized trial, a lawyer was added to the defense team of a man accused of a horrendous double murder. It was said that this lawyer did not contribute anything to the defense of the accused but was placed on his team for only one reason. He had knowledge of the crime which would sink the defendant and that the defense team put him on their team to insure that he couldn't be subpoenaed by the prosecution.

Is this legal? And more importanly, how ethical is this?


Asked on 1/03/11, 5:43 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I doubt this story. An attorney either does or doesn't have privileged information about a crime, and if he does, he can't be made to testify about it, whether he is retained by the defendant on that same case or not.

The defendant has a right to hire the attorney(s) of his choice.

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Answered on 1/08/11, 10:19 am


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