Legal Question in Legal Ethics in Michigan

attorney communication with client

My son who is 25 years old is bipolar and schizoaffective and has been arrested for downloading child pornographic material. He has been held for 7 weeks in the county jail with no contact from his court-appointed attorney. Is this ethical? Is it legal? I have spoken to my son's attorney for 30 minutes once and he took a lot of information I had regarding inpatient stays, test results, etc. He is arrogant and overbearing but I imagine that works well in the courtroom. I don't know how to deal with that type personality and I don't know what my son's legal rights are or how to find that out. As I am his DPOA, I feel responsible to make sure that his legal rights are met, but when I asked one yes or no question on another visit, I had to listen to a 15-20 minute diatribe on how I was taking up his time and of course I meant to take up his time or I wouldn't have asked the question, etc. Who can I go to? I have spoken to the public defender's office who assigned this man my son's case and the secretary said Pat could tell it to the judge but that she didn't think his behavior was ethical. Can I write a letter to the judge? Is that whining?


Asked on 12/29/05, 10:20 am

2 Answers from Attorneys
Thomas Loeb Law Offices of Thomas M. Loeb

Re: attorney communication with client

Yes, you are whining. Your son is 25 years old. The lawyer is your son's lawyer, and not yours. He has no right to even discuss the case with you unless he has his client's express permission. I suspect that your son would do a lot better on his case if you were less intrusive. There is no law requiring that an attorney visit a client in jail on a weekly or monthly schedule. Whether a visit should be conducted depends on the need of the specific case. Certainly, a letter from you to the judge would be uncalled for, and would not help your son.

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Answered on 12/29/05, 10:41 am
William Stern William Stern, P.C.

Re: attorney communication with client

You can complain to the judge but you bearthe risk that the judge will appoint someone inexperienced or a poor lawyer. It's a gamble. William S. Stern

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Answered on 12/29/05, 3:18 pm


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