When JB & AL disagree....which one will flee?

[Cat13067]

I think JB's ego was crushed when JS stated in a backward sorta way that he was not the lead attorney, by advising JB to confer with AL.

 

[denjet]

here is a pretty general overview:
In addition to these reasons, which may have exceptions, if the attorney is not key to the defense i think they can leave without much trouble.
When an Attorney Must or May Withdraw Mid-Case

Lawyers.comsm


As the client, you have an almost absolute right to hire and fire your attorneys for any reason you choose (or for no reason whatsoever). Your attorney, on the other hand, cannot "fire" you as a client at whim; he must have a valid reason. The exact rules that govern attorneys vary from state to state, but in general, an attorney is required to withdraw from a case in the following situations:

• If, by representing the client, the lawyer will be violating the law or the rules of professional conduct (such as if the lawyer is suspended from practicing law by the local attorney disciplinary committee).
• If the lawyer is physically or mentally incapable of representing the client.
  [*]If the client terminates his relationship with the attorney.

Otherwise, an attorney may withdraw from a case only for valid reasons, and only if it is shown that the client's interests won't be adversely effected. Valid reasons include:

• Conflicts of interest: Attorneys and their firms are not permitted to represent people or companies that are adversaries. In some circumstances, the lawyer may ask for permission (called a conflict waiver) from each party acknowledging the conflict and allowing the attorney to represent both of each. If, after the attorney has agreed to represent you, he learns that he or his firm also represents another person or company that is your adversary, and if the attorney can't get a conflict waiver from both you and your adversary, then the lawyer must stop representing you.
  [*]Client consent: If you give your attorney permission to withdraw from the case, then the attorney can stop representing you.
  [*]Differing case strategies: Sometimes lawyer and client won't agree on the best approach for handling a case. If you and your attorney are unable to reach agreement, then the attorney should withdraw.
  [*]A client's failure to cooperate, communicate, or fulfill obligations: In order for an attorney to provide quality service to his client, there needs to be regular communication and interaction between the attorney and client. Your attorney may need you to answer questions, provide documentation and otherwise assist him so that he can give the service that you need and deserve. If, as a client, you fail to respond to your attorney's legitimate requests, then he cannot provide you with quality representation, and may be permitted to withdraw from your case.
• Personality conflicts: It's human nature that sometimes people just can't get along with one another. Your attorney is supposed to be your best advocate, but if there's a conflict of personalities, it may be impossible for your attorney to give you the best representation possible.
• A client's failure to pay attorneys fees: As the client, you may have signed a contract when you hired your attorney, and that contract probably outlined the anticipated cost of your legal work, and your obligation to pay your attorney. You are hiring an attorney to perform a service, and if you fail to pay for those services, then the attorney usually has the right to stop working on your behalf. (This is true even if you don't have a signed contract.)
• A client's unethical, fraudulent, or criminal activity: Your lawyer is bound by certain professional and ethical obligations. As part of those obligations, your lawyer cannot help you commit unethical, fraudulent or criminal activities. If your attorney tells you that you're trying to do something illegal and you don't take his advice, the attorney can stop representing you.

http://research.lawyers.com/When-an-Attorney-Must-or-May-Withdraw-Mid-Case.html

bbm
Seems there would be valid reasons for the client AND the lawyer to end their relationship (for lack of a better word) ... I'm wondering how this works in Florida, but it looks like Lyon could walk away if she could not convince KC to take her advice ???

 

[Cat13067]

I think the remark JB made to JS about giving KC a bond on the fraud charges was proof he missed quite a few classes at law school. I'm sure AL gave him one of her lectures on how to conduct yourself in a court of law.

 

[denjet]

I think JB's ego was crushed when JS stated in a backward sorta way that he was not the lead attorney, by advising JB to confer with AL.

Ya, that wasn't exactly a vote of confidence for Baez, was it? I sure am glad they have a wise and patient judge like Strickland ... he's making sure that there's not chance for appeals ...

 

[Aedrys]

If the lawyer is physically or mentally incapable of representing the client.

Dear God, I think this is the strategy BOTH are starting to use. I saw that one line and went, THAT'S IT! It totally expalins why their behaviors and words keep getting more and more bizarre and don't make any sense. They're losing it and will be in padded rooms before a trial can even begin!

 

[Cat13067]

bbm
Seems there would be valid reasons for the client AND the lawyer to end their relationship (for lack of a better word) ... I'm wondering how this works in Florida, but it looks like Lyon could walk away if she could not convince KC to take her advice ???

I agree with you 100%. It certainly would cause a long delay finding another attorney who would take on this case.

 

[Aedrys]

[*]If the lawyer is physically or mentally incapable of representing the client

Yep, I can totally see this one as their strategy. They get more bizarre and nonsensical each hearing! I say padded cells for them both as a way to finally get away from Casey.

 

[denjet]

I agree with you 100%. It certainly would cause a long delay finding another attorney who would take on this case.

Yes, that would be one way Baez can be sure to have another year to come up with a defense .... Makes you wonder who on earth now would want to take it ?

 

[Cat13067]

One of the best defense attorneys in Florida is Barry Cohen who represented Baby Sabrina's family when they were POI in the disapperance of their daughter. He not only proved they had nothing to do with the disappearance of their daughter, but also won a large settlement in their favor against the State of Florida.

 

[wonders]

When JB & AL disagree....which one will flee?
Could this be a moot point if no one is paying for KC's defense, as in could they both flee?
I don't picture either one of them there for anything but the money they thought they could make off this case. JMO.

 

[mikeysmommom]

Big time lawyers???? We're talking Baez here - he was scrounging around the County Jail looking for business before this case came along!

And I am sure after KC case he will be back to County scrounging around again.
I have only been in court once as a witness in an accident where a bus driver ran over a child. So I do not have much court time, but he comes off as a Buffoon LOL. Big time Lawyer he is more like Homer Simpson in a suit.

 

[Lexington]

If push came to shove between JB and AL, I can see AL getting all huffy and leaving. IMO JB ain't going nowhere. He has been there from the start and will finish this case come hell or high water. I think JB possesses a very thick skin and a certain amount of sticktoitness, which AL doesn't have. AL strikes me as a person who cannot take criticism or dissent, is much more egocentric than JB and also thinks she is a cut above everyone else. If the going gets tough, AL will head for the hills kicking up much dust.

 

[Cat13067]

If push came to shove between JB and AL, I can see AL getting all huffy and leaving. IMO JB ain't going nowhere. He has been there from the start and will finish this case come hell or high water. I think JB possesses a very thick skin and a certain amount of sticktoitness, which AL doesn't have. AL strikes me as a person who cannot take criticism or dissent, is much more egocentric than JB and also thinks she is a cut above everyone else. If the going gets tough, AL will head for the hills kicking up much dust.

Since JB is not qualified to try the murder case he needs AL. The pickings are slim for another DP attorney to join the "Dream Team". Since KC doesn't have any money to pay for a new attorney his/her services would have to be pro bono. Good luck with that one JB!

 

[hornswoggled]

If anyone noticed, during the hearing JB made a lame joke about a reasonable bond solving the problem. AL's head spun to the left, locking eyes with the attorney standing behind JB. She looked incredulous that he would make such a stupid joke. The other attorney took her by the arm to whisper something to her. I thought she wanted to belt JB.

If you taped the hearing, go back and play in slo mo the little scenario when JB made the comment. I was cracking up. JB's little "joke" fell flatter than a pancake under a steamroller.

 

[logicalgirl]

If anyone noticed, during the hearing JB made a lame joke about a reasonable bond solving the problem. AL's head spun to the left, locking eyes with the attorney standing behind JB. She looked incredulous that he would make such a stupid joke. The other attorney took her by the arm to whisper something to her. I thought she wanted to belt JB.

If you taped the hearing, go back and play in slo mo the little scenario when JB made the comment. I was cracking up. JB's little "joke" fell flatter than a pancake under a steamroller.

I was once in a bank teller lineup when a woman and a companion walked into the bank with a large dog. As the woman walked across the floor, the dog stopped and did a huge steaming dump. The woman continued on with the dog, looking oblivious, while her companion and the rest of us looked in shock and embarrassment - that's what JB's little bomb reminded me of.

 

[wenwe4]

If anyone noticed, during the hearing JB made a lame joke about a reasonable bond solving the problem. AL's head spun to the left, locking eyes with the attorney standing behind JB. She looked incredulous that he would make such a stupid joke. The other attorney took her by the arm to whisper something to her. I thought she wanted to belt JB.

If you taped the hearing, go back and play in slo mo the little scenario when JB made the comment. I was cracking up. JB's little "joke" fell flatter than a pancake under a steamroller.

Do you have an approximate time and link to the video you are reviewing? I would love to see this! TIA

 

[Bittiness39]

I think that neither attorney is going to leave this case. At this point, even if JB and KC disagreed about strategy, etc...it would be very difficult for him to leave the case and give good cause why he should do so (KC's actions would have to be repugnant, etc...for a Judge to allow him to just jump ship). AL won't leave because she knows if she does it will be very difficult to find a qualified DP attorney to replace her and she is all about saving clients (KC) from the DP punishment. JMO...two cents.

 

[hornswoggled]

Do you have an approximate time and link to the video you are reviewing? I would love to see this! TIA

I don't have a time because I had taped it on Tru TV - commercials and all. But it occurred a few minutes before Casey made her statement. The judge and attorneys were struggling with the probation terms, etc. It was while Casey and her attorneys were standing at the podium. Hope this helps.

FOUND A YOU TUBE LINK FOR YOU - START WATCHING AT THE 45 SECOND MARK. ALTHOUGH IT IS BETTER TO SEE IN SLOW MOTION, YOU CAN GET A GENERAL IDEA

[ame]http://www.youtube.com/watch?v=FKIVc2VLZFI[/ame]

 

[RainyGirl]

I think JB's ego was crushed when JS stated in a backward sorta way that he was not the lead attorney, by advising JB to confer with AL.

I agree! I got the impression that JS was not pleased with "trainee Baez" and was sending him back to "the Professor" for more lawyer lessons!! :loser:
He did look deflated and red in the face.....

 

[RainyGirl]

I think the remark JB made to JS about giving KC a bond on the fraud charges was proof he missed quite a few classes at law school. I'm sure AL gave him one of her lectures on how to conduct yourself in a court of law.

Yep...total ((crickets chirping)) and awkward pause after that dumb utterance of his. That was entirely the wrong time, place and setting for that remark!!