Cynthia Short-Local Attorney no longer representing Irwin and Bradley

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I imagine the person paying the bill can fire whomever they want.

No, not exactly. An attorney's duty is to their client, regardless of who is paying the bill. There are rules governing when an attorney is permitted to withdraw from the case - it can't be a capricious decision, or because the person paying the bills says to. The attorney-client relationship is with the person the attorney is representing, not with whomever is paying the bills.

For example, a parent hires an attorney to represent their adult child. The attorney represents the child, not the parent. Even if the parent stops paying, the attorney is still representing the child, until their is a formal withdrawal or discharge of services.
 
Yes, it's never good to changes horses in midstream, so to speak.

There is too much confusion, surrounding this case. Way too much.

IMO they would have been better off with a local lawyer who knew how to court the local media.

It's all too obvious, that someone with money is controlling this case behind the scenes. They don't want DB&JI talking to local media. This is a money maker, and IMO that's all the slick lawyer and PI care about. MOO

I pray that someone finds the baby, and really soon!
 
Does anyone think that the boys will go in to be interviewed next week? I wonder if that scheduled interview is what got Cyndi punted or if it was a combination of this and her inappropriate comments about the police.
 
Is that possible? Can someone else fire your lawyer without your knowledge?

I have a feeling that they didn't really hire her. I am sure they weren't paying her and I doubt there was any kind of contract. If I had to guess I would say that whoever is paying her is firing her.
 
Does anyone think that the boys will go in to be interviewed next week? I wonder if that scheduled interview is what got Cyndi punted.

I don't think so. The more I thought about it, the 8 year old probably knows a lot, maybe too much. I can't see JT allowing the boys to be interviewed. He will spin it, that's it for their own good, yada, yada...MOO
 
No, not exactly. An attorney's duty is to their client, regardless of who is paying the bill. There are rules governing when an attorney is permitted to withdraw from the case - it can't be a capricious decision, or because the person paying the bills says to. The attorney-client relationship is with the person the attorney is representing, not with whomever is paying the bills.

For example, a parent hires an attorney to represent their adult child. The attorney represents the child, not the parent. Even if the parent stops paying, the attorney is still representing the child, until their is a formal withdrawal or discharge of services.

There is no court case active in which CS must make a "formal withdrawal."
She said publicly she's pro bono and it's now a moot point because she's publicly stated she's no longer representing them.

JMO
 
Yep they sure do, but some lawyers will and do stop representing clients who have lied to them, that too happens all the time.

Clients lie all the time. As a defense attorney, you're used to it. Normally, you don't discharge your client for lying to you, unless its something significant that could get you in to trouble with your representation. Such as, Baez taking Casey at her word on something and not investigating. He got spanked by a judge for that.

As far as whether they are innocent or guilty, well, clients lie about that all the time. Continuously. As a criminal defense attorney, if you only represented clients who were truthful, you wouldn't be representing many at all. Most of the time, you can lecture and/or yell at them and get them to tell the truth after a few meetings, but having a client lie to you isn't shocking, out of the ordinary, or something worth discharging over. It's part of the territory in criminal defense.

Now, saying the decision wasn't Short's - that points to something other than discharge. If she was hired by JT as co-counsel to assist him, he could discharge her. Or the parents could discharge her as well.
 
I have a feeling that they didn't really hire her. I am sure they weren't paying her and I doubt there was any kind of contract. If I had to guess I would say that whoever is paying her is firing her.

You are correct, the family did not retain her. There have been no charges, no Court appearances, so she is not attorney of record in the Court, therefore no paperwork need be filed. She just volunteered for this moment and the moment was too much for her.

In addition to thinking she just didn't want to deal with JT, she couldn't handle the media pressures, that is all just my opinion btw. I also realize she made herself a witness if any charges do come against the parents. The house tour. Huge mistake.

JMO again, she may also realize the damage she has done with her blog and announcements.
 
There is no court case active in which CS must make a "formal withdrawal."
She said publicly she's pro bono and it's now a moot point because she's publicly stated she's no longer representing them.

JMO

There are still ethical rules that govern withdrawal outside of an active court case.
 
The possibility of Joe T hiring her as his co-counsel is a bit confusing to me. Why would he hire a co counsel and then have them work pro bono, when he himself is getting paid? :waitasec:
 
Clients lie all the time. As a defense attorney, you're used to it. Normally, you don't discharge your client for lying to you, unless its something significant that could get you in to trouble with your representation. Such as, Baez taking Casey at her word on something and not investigating. He got spanked by a judge for that.

As far as whether they are innocent or guilty, well, clients lie about that all the time. Continuously. As a criminal defense attorney, if you only represented clients who were truthful, you wouldn't be representing many at all. Most of the time, you can lecture and/or yell at them and get them to tell the truth after a few meetings, but having a client lie to you isn't shocking, out of the ordinary, or something worth discharging over. It's part of the territory in criminal defense.

Now, saying the decision wasn't Short's - that points to something other than discharge. If she was hired by JT as co-counsel to assist him, he could discharge her. Or the parents could discharge her as well.

I've heard plenty of lawyers (in interviews) who said they resigned from cases due to the client lying, not arguing with you here, but lawyers resign from cases all the time for various reasons, lying included, it really depends on the lawyer and the case and a multitude of other reasons I'm sure.

Anyway, a moot point now as it seems that is not the case here, but it does seem that case is one big mess now and that's not doing this little baby much good.
 
The possibility of Joe T hiring her as his co-counsel is a bit confusing to me. Why would he hire a co counsel and then have them work pro bono, when he himself is getting paid? :waitasec:

I thought it was due to her being local as he can't practice in that State.
 
You are correct, the family did not retain her. There have been no charges, no Court appearances, so she is not attorney of record in the Court, therefore no paperwork need be filed. She just volunteered for this moment and the moment was too much for her.

In addition to thinking she just didn't want to deal with JT, she couldn't handle the media pressures, that is all just my opinion btw. I also realize she made herself a witness if any charges do come against the parents. The house tour. Huge mistake.

JMO again, she may also realize the damage she has done with her blog and announcements.

CS can't be a witness against her clients.

JMO
 
Defense lawyers represent guilty people all the time.

BUT they dont ask them if they are guilty, they just come up with a strategy to get them off. They dont want to know if you are guilty or not.
 
I thought it was due to her being local as he can't practice in that State.

No, he doesn't need local counsel. It could help to talk with a local attorney to get an idea of the Judges, the local rules, the prosecutors, just the entire system in an unfamiliar territory - but he can file appropriate paper work to be attorney of record for this case and this case only in any state he wishes. Any attorney can, as long as they have a Certificate of Good Standing in the state they normally practice in, which I would think JT does. ;)
 
CS can't be a witness against her clients.

JMO

It happens all of the time, and they are no longer her clients at that point. Another attorney would be appointed or retained if there are charges. In the case of retained, any remaining retainer fee would then be transferred to the new retained counsel.
 
No, he doesn't need local counsel. It could help to talk with a local attorney to get an idea of the Judges, the local rules, the prosecutors, just the entire system in an unfamiliar territory - but he can file appropriate paper work to be attorney of record for this case and this case only in any state he wishes. Any attorney can, as long as they have a Certificate of Good Standing in the state they normally practice in, which I would think JT does. ;)


Sure, he can do that but has he? I don't know.
 

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