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To: Conscience of a Conservative

[[I’m a lawyer. I advocate on behalf of my clients. If my client believes X, then for the purpose of my representation, I believe (and advocate for) X. Even if I personally believe Y. ]]

Ok- you have taken a PERSONAL stand on the issue- however, even lawyers are free to decline a case based on their belief, or involvement that might affect the case one way or the other- infact, a biased lawyer is required to recuse themselves from a case when it is clear they can not objectively defend their client- No?


26 posted on 04/22/2015 10:19:51 AM PDT by Bob434
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To: Bob434

by biased lawyer, I mean a lawyer who’s personal belief, or personal involvement in a case might affect an outcome, or even be perceived as affecting an outcome- just like the judges, if there is any chance that someone might perceive that a bias held by a judge or lawyer might affect the outcome, a Mistrial can be granted no?


27 posted on 04/22/2015 10:22:02 AM PDT by Bob434
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To: Bob434
Ok- you have taken a PERSONAL stand on the issue- however, even lawyers are free to decline a case based on their belief, or involvement that might affect the case one way or the other- infact, a biased lawyer is required to recuse themselves from a case when it is clear they can not objectively defend their client- No?

Yes. In private practice, a lawyer can (and in some cases must) refuse to take a case based on a conflict with their personal beliefs. Government lawyers, as a practical matter, can't really do that. An ADA who does not beleive that drugs should be illegal, for instance, cannot just opt out of any drug-related cases to which he is assigned. The only way a prosecutor in that situation can recuse himself is to resign.

31 posted on 04/22/2015 10:31:29 AM PDT by Conscience of a Conservative
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