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

Discussion in 'Caylee Anthony 2 years old' started by tweety933, Jan 27, 2010.

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  1. tweety933

    tweety933 New Member

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    Suppose for a moment that AL, who works so hard to keep people off of death row (Angel of Death Row).....cannot come to an agreement with JB concerning whether or not to go to trial, or whether or not to put Casey on the stand.....who would win out? Can you imagine Casey hearing one thing from one of them, and something completely opposite from the other.....HOW CONFUSING that would be.

    I'm gonna predict that Baez wants this to go to trial (His EGO and GREED), and wouldn't even consider a plea deal. AL, on the other hand, can't see a WIN for her client, given the circumstances, if it goes to trial, therefore recommending making a plea deal for LWOP.

    I also wonder if the networks are padding the pockets of Casey's defense team to take this ALL the WAY. Can they do that?
     
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  3. wenwe4

    wenwe4 Active Member

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    I would put my $ on the Amazon Woman!
     
  4. ZsaZsa

    ZsaZsa Active Member

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    Considering how 'hot shot' she is supposed to be, I am not really impressed with her appearances and statements so far, at all. I think JB will outlast her.
     
  5. tweety933

    tweety933 New Member

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    It sure seems as if Judge Strickland would prefer Baez confer with Lyon before he made any decisions, LOL (As seen in the last hearing).

    I wish I knew how to make this a poll.

    What really matters I guess, is who will Casey cling too?
     
  6. comomx3

    comomx3 New Member

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    If what we think about Casey is really true- that she will never "fess up" to this crime then I say Baez. If she really does have a soul in there somewhere and comes to her senses that she will DIE if convicted than I say the Angel of Death Row. I think if we were aware that it came down to that and then knew who she chose it would say so much about her psychological state.
     
  7. JBean

    JBean Retired WS Administrator

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    They really can't just 'flee" without a darn good reason. they are there for the duration unless KC fres one or something radical happens.
     
  8. logicalgirl

    logicalgirl Peace Hawk

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    Thanks for that JBean - I don't think I ever really understood that lawyers just can't quit. ( I guess if you can't quit you could just provoke the heck out of your client until they fired you)

    Just guessing by the way Lyons looks at Baez, and by how much control she seems to have (note the no comment media stuff - etc) But he needs her because he can't go into a death penalty case without her or someone like her. So he's between a rock and a hard place.
     
  9. JBean

    JBean Retired WS Administrator

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    Hi localgirl. There defintely are conditions under which an attorney can quit. But I don't think having a disagreement with co-counsel is one of them unless it is serious in nature. For example,if one counselor wants to put the defendant on the stand and have her lie.
     
  10. tweety933

    tweety933 New Member

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    So, who decides which direction the defense strategy should go? I am assuming it will be AL, since she is the only death penalty qualified attorney, but what if CASEY and BAEZ, disagree with her, she's just gonna have to sit around and watch the train wreck I suppose.
     
  11. tweety933

    tweety933 New Member

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    That would be a good question for the lawyers thread, I suppose.

    If she is found indigent, they can't quit....only accept what the state pays them to continue with the defense. Isn't that right, JBean?
     
  12. logicalgirl

    logicalgirl Peace Hawk

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    Thanks for that - since I've joined this site I'm constantly amazed by how little I actually do know - LOL.

    I don't know about Baez quitting - don't think his ego would let him, even if he is terrified of Lyons. I felt like shouting - somebody give that boy some meds he was so nervous in court. And the way she looks at him? Whew! Like he is something stuck on her shoe.

    But then there is her ego also. She wants this death penalty win. So I think both will stay.
     
  13. LinasK

    LinasK Verified insider- Mark Dribin case

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    No, I think they can quit under those circumstances, at least in California, and a Public Defender be appointed. They can't expect big time lawyers to work for pennies...
     
  14. logicalgirl

    logicalgirl Peace Hawk

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

    LinasK Verified insider- Mark Dribin case

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    That was a generalization, not implying in any way that Jose Baez is Big Time. Nonetheless, he isn't a public defender, and I think that he can walk away if indigence were the issue...
    But think about it, could you see for example, F. Lee Bailey, or Johnny Cochran, or a host of other famous lawyers staying on a case if their client pleaded poverty???:snooty:
     
  16. logicalgirl

    logicalgirl Peace Hawk

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    Sorry Linask - I was just razzing you - I knew you were generalizing - wasn't really mocking your statement at all and did understand and agree with your comments. I just can't resist sticking my :twocents: in about Baez, even if/when it's inappropriate. Sorry!:blushing:
     
  17. cecybeans

    cecybeans New Member

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    I believe an attorney can recuse him/herself if they believe that they cannot adequately represent their client because their client refuses to take their advice and insists on doing something detrimental to the case. I imagine any of our attorney friends can let me know if this is not true.

    If that's the way it goes, then JB has the opportunity to make an eleventh hour ditch to save what is left of his career. Since AL's only dog in this hunt is getting the DP rid of, I'm sure that a plea for LWOP would be in her best interest.

    I don't want to underestimate JB's idiocy in his believing he might continue to profit from being KC's lawyer - but I'm thinking he has not earned any respect from his peers for the way he's handled things so far, much less the general public (and future clients), so he might want to cut bait and run if he can find a decent excuse.
     
  18. JBean

    JBean Retired WS Administrator

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    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
     
  19. Cat13067

    Cat13067 New Member

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    I believe that KC has a special bond with JB, however AL is the attorney qualified to represent her during the murder trial. KC has no choice, but to retain AL as her attorney.
     
  20. cecybeans

    cecybeans New Member

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    True, she brings more than twizzlers to the table, and I don't see any FL DP qualified attorneys jumping up and down for this - IIRC, JB had to be gently reminded that he needed to replace TL, and it took quite a while before that happened.
     
  21. denjet

    denjet New Member

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    :laugh: Good one!
     
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