I attended a seminar on capital litigation and the question posed was whether a lawyer could be ordered by his client not to present any mitigation if the client had been convicted of murder of the first degree. According to the hypothetical, the client preferred death as opposed to life imprisonment and at least appeared to be competent. Can a lawyer ethically allow a client to go to the death phase without presenting any mitigating evidence?
Lawyers are obligated to present ? mitigating evidence
The Legal Intelligencer
May 14, 2013
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