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I'm having a hard time seeing how anyone could see the answer as "no". I hate hypotheticals, but let's do one here because the extreme helps frame potential is
by snuxoll 9y ago
I'm having a hard time seeing how anyone could see the answer as "no".
I hate hypotheticals, but let's do one here because the extreme helps frame potential issue.
Let's say the man standing trial disagrees with the strategy of his counsel, he fires them and gets new counsel. Rinse and repeat, no counsel is willing to actually follow the clients wishes and put up a proper defense - this hypothetical defendant is literally unable to obtain counsel to help defend him in court.
In reality, could he have likely found counsel willing to put up a defense? Likely. But factoring in financial burden or competence of his choice of counsel, it's entirely possible he would either A) be unable to pay for a more expensive lawyer actually willing to defend him and B) a lawyer he could afford is either unwilling to put up a defense or lacks experience to do it properly.
I'm not a lawyer, but from a novice understanding of the American Bar Association's Model Rules of Professional Conduct not abiding by a clients decision to enter a Not Guilty plea (which I would take to include defending that plea) is unethical - likely to prevent the model problem I described above from occurring. Specifically Rule 1.2(a).