Legal Question in Criminal Law in New York

when being represented by a lawyer in a criminal case can the lawyer ask to be recused on the basis that he believes he cannot represent his client zealousy? Can he tell the Judge, the Trier of the Facts that he is concerned his client will file a grievance of malpractice against him, and therefore he has to protect his own interests while protecting the interests of his client.

Can the lawyer go one giant step further and tell the judge that he cannot believe what his client is telling him about his situation.

Can the judge properly refuse to recuse based on the facts I have told you?

the defendant asked the court for an extension to find a lawyer that would represent him under the terms of an agreement. The defendant had his funds seized in a civil matter relating to the criminal matter.

the judge ruled that the defendant was engaging in dilatory tactics.

the defendant gave his 18B lawyer 30 boxes of documents to review for his defense, and was concerned that his attorney only afforded him 2 sessions of 50mins each. It was a complicated grand larceny matter.

was this a breach of the witness advocate rule.

peter fiorillo


Asked on 11/23/10, 6:19 pm

1 Answer from Attorneys
peter bark bark & karpf

A lawyer must ask to withdraw as an attorney if he cannot represent the client zealousy He must have been threatened with a grievance complaint or malpractice lawsuit before he can use tose grounds. He should not tell a judge that he does not believe his client, unless he has definate proof that his client is lying to him and that he me not disclose what the client actully told him because this is a confidential communication.

As to only two meetings, the document may be all the attorney needs to know.

Read more
Answered on 11/30/10, 4:48 am


Related Questions & Answers

More Criminal Law questions and answers in New York