Legal Question in Criminal Law in Michigan

legal malpractice

my brothers attorney accepted a plea without his consent and even prio to a meeting with him to discuss the plea offer. my brother then expressed his disatisfaction of the plea agreement and made some requested changes to the offer before he would ccept the plea. His attorney never mentioned to him at this meeting that he had already accepted the plea 2 days earlier even after my brother had stated he would not accept the plea as offered. They just received a notice to appear to accept plea from the court, which is how they were informed a plea had been entered, and now their attorney says just show up. Is this not an ethical violation?


Asked on 8/01/08, 6:27 pm

3 Answers from Attorneys

Re: legal malpractice

It might be if you have all the facts correct.

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Answered on 8/01/08, 6:29 pm
William Morrison Action Defense Center

Re: legal malpractice

Your brother is not bound by a plea agreement unless its in writing in a federal court.

If he doesn't like the agreement to plea, he can always back out and go to trial - untill he actually pleads guilty and the judge accepts the plea as "knowingly and freely given".

Malpractice is almost never an issue in criminal law.

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Answered on 8/01/08, 7:41 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: legal malpractice

Are you talking about a Michigan case? Because judges do not allow attorneys to enter pleas on behalf of clients for misdemeanors or felonies - only civil infractions (traffic tickets, etc.). So I'm a little confused as to how this could have happened.

In any event, if the lawyer did NOT have his client's permission to enter the plea, your brother can inform the prosecutor prior to sentencing, and work out a different plea bargain. I would suggest he retain a new attorney immediately to help sort this out, and put any discussions with his new lawyer in writing (such as what plea he would be willing to accept, etc), so he has proof in the event he needs it.

He should also put something in writing to his current lawyer expressing his dissatisfaction and complaints, so that the new lawyer can perhaps fix this mess for free.

Thanks.

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Answered on 8/01/08, 11:17 pm


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