Questions & Answers on Professional Responsibility.
The Legal Intelligencer
Tuesday, May 21, 2013
I am running for judicial office. What should a candidate for judicial office not do?
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Lawyers are obligated to present ? mitigating evidence
The Legal Intelligencer
Tuesday, May 14, 2013
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 may need to adjust in the wake of budgetary issues
The Legal Intelligencer
Tuesday, May 7, 2013
I am a lawyer who does a lot of court-appointed work and it is a substantial part of my law practice. I see there may be cuts in federal court-appointed payments and/or delays because of budgetary issues based on what is known as the sequester statute.
Bad prosecutorial behavior should not be condoned
The Legal Intelligencer
Tuesday, April 30, 2013
I do a lot of court-appointed criminal defense out of Philadelphia. At times, I see young assistant district attorneys make statements they should not make during closing and opening speeches. What is the responsibility of the District Attorney's Office in the Appellate Division when it is clear the young assistant has acted incorrectly?
It is unethical for insurance defense firms to submit legal bills to third-party auditors
The Legal Intelligencer
Tuesday, April 23, 2013
Is it ethical for insurance defense law firms to submit legal bills to a third-party auditing service and participate in "legal service programs" whereby an insurer may limit an attorney's representation or defense of the client, the insured?
Judicial officers can at times show mercy
The Legal Intelligencer
Tuesday, April 16, 2013
Is it unethical for a judge, in a summary criminal case or a summary traffic case, to acquit someone, even though the judge knows the person is guilty, for the sole reason of exercising some sort of mercy or to give the person a second chance?
Pledges to support organizations are prohibited
The Legal Intelligencer
Tuesday, April 9, 2013
I saw a candidate for the court of common pleas receive the endorsement of a county Fraternal Order of Police and in the endorsement agreed to sign a pledge to support issues involving police and other matters. Is that improper?
Lawyers should avoid changing fee arrangements on clients
The Legal Intelligencer
Tuesday, April 2, 2013
I am a lawyer who is representing a client and it is clear to me that my fee arrangement is inadequate. Can I change the fee agreement during the middle of the representation?
Lawyers cannot assist in any way someone avoiding a warrant
The Legal Intelligencer
Tuesday, March 26, 2013
I am an assistant district attorney and there is a criminal defendant who has been a fugitive. I called to try to locate the fugitive and he answered the phone. He refused to state where he was.
As long as there is full disclosure, the decision to recuse is up to the judge
The Legal Intelligencer
Tuesday, March 19, 2013
I am familiar with a case involving gas drilling in Pennsylvania. There is litigation involving the gas drilling before a judge. I discovered that the wife of the judicial officer is active in organizations that oppose drilling and fracking in Pennsylvania, particularly in the township where the issue is being raised. Should the judge recuse himself?
