Defending People

the tao of criminal-defense trial lawyering

Racehorse in Conflict

| October 23, 2009

Given how I feel about lawyers representing defendants with conflicts, I was a bit disturbed to read this piece (Lisa Falkenberg) about Richard “Racehorse” Haynes being accused of conflicted representation in a federal drug case. Richard’s client, Dong Huynh, sentenced to 22 years in prison, alleges that Richard had a conflict of interest because Dong [...]

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Waiving Conflict II

| October 14, 2009

From the comments to my post on Waiving Conflict of Interest: Of course, sometimes it’s a prisoner’s dilemma.Both clients have a good chance of winning if neither cooperates.If one cooperates against the other, both clients will certainly lose — one more than the other.The government plays divide and conquer, trying to intimidate one into losing [...]

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Waiving Conflict of Interest

| October 13, 2009

Recurring newbie lawyer question on criminal defense listservs: “Does anyone have a conflict of interest waiver form they can share?” (A little background for the nonlawyers: a lawyer is to represent her client’s best interests. Each client has his own best interests. A lawyer can’t choose between one client’s interests and another’s; she must serve [...]

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