As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client's legal affairs and reporting about them to the client or to
At Oberheiden, P.C. – we take pride in our many years of federal litigation experience and row of positive results for our clients. Our Rhode Island federal criminal defense lawyers have decades-worth of results in dropped charges on behalf of our clients across the spectrum, including healthcare providers, CEOs, and other high-profile individuals and businesses.
Michael C. Judge is a Rhode Island attorney concentrating DWI (Driving While Intoxicated) Defense, DUI (Driving while Under the Influence) Defense, Breathalyzer Refusal Defense, Criminal Defense and Persoanl Injury Law. Call now at 401-578-4951 for a free consultation.
May 14, 2015 · Case Description: When attorney Leonard L. Bergersen was entrusted with holding $28,000 in escrow for a client couple, he took out more than two thirds of the funds for himself, according to the ...
The one attorney listed above with the perfect record, Adam Unikowski, went 6 for 6, which is impressive. But Paul Clement, who put up a 65% win rate, argued 23 cases, meaning he won double the number of cases as Unikowski.Sep 14, 2018
The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to.
The ethics rules on unmeritorious claims do provide an important exception to the general rule against making claims or defenses that are not warranted by the law, that is, if the client is seeking to extend, modify, or reverse the law.
It clarifies that “this Rule prohibits the lawyer from having sexual relations with a client regardless of whether the relationship is consensual and regardless of the absence of prejudice to the client” (Comm'y 17, emphasis added).Jul 3, 2018
9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021
No. Lawyers have an obligation never to divulge any client confidences to anyone at any time.
Some abuses of the lack of paralegal regulation are: A. Uneducated, inexperienced lay people are preparing legal documents for the public; B. Graduates of unqualified “fly-by-night” paralegal programs do paralegal work for the public; and C.
The basis for most medical malpractice claims involves four elements: duty, breach, injury, and damages.
When a single fact is so significant that if it were changed, the outcome of the case would change, it is referred to as an individual key fact. Rules 30 and 31 of the ALWD Guide are most relevant for citing non-fee-based websites and other types of electronic media.
(a) Psychologists do not engage in sexual intimacies with former clients/patients for at least two years after cessation or termination of therapy. (b) Psychologists do not engage in sexual intimacies with former clients/patients even after a two-year interval except in the most unusual circumstances.Dec 4, 2004
relationship with a former client for a minimum of one year from the date at which the rD-client therapeutic relationship has ended beyond all doubt. the period of one year is the minimum waiting period required.
The NASW Code of Ethics, Section 1.09(a), prohibits social workers from engaging in “sexual activities or sexual contact with current clients, whether such contact is consensual or forced.” Section 1.09(c) states that “social workers should not engage in sexual activities or sexual contact with former clients because ...Oct 6, 2010
When an attorney from Oberheiden, P.C. represents you or your business, it is based on a relationship of respect and confidence. Our firm works closely with our clients to create a custom defense strategy that has a proven track record of success.
Even though we will begin our discussion with indictments, there are actually many other steps that come before this stage, including: the investigation, search warrants, administrative subpoenas, pre-charge resolution, and intervention. In federal criminal cases, indictments are utilized as a formal means to issue charges.
Oberheiden, P.C. has a history of defending physicians, nurses, lawyers, accountants, business owners, politicians, and anyone else seeking professional help against investigations involving the Drug Enforcement Agency (DEA), the Federal Bureau of Investigation (FBI), the Department of Justice (DOJ), the U.S.
Oberheiden, P.C. boasts a nationally recognized status and our proven methodology in every federal criminal case we handle is time-tested. Call our highly skilled Rhode Island federal criminal defense attorneys today for a free and confidential assessment of your case involving allegations of:
A close examination of the unique circumstances involved, as well as the relevant facts, is always required when crafting an efficient legal strategy. Every case has different circumstances, but in federal criminal matters, some of the most effective defense strategies are:
If you received word that you are being indicted, your first step should be to contact a Rhode Island federal criminal defense attorney. By the time you learn of an indictment, prosecutors have already been working on your case for months—maybe longer. They have all the evidence they need, and have already formed a belief that you are guilty.
Are you facing federal charges in Rhode Island? We urge you to contact us to speak to an attorney from our esteemed defense team. You can contact us 24/7. And if an attorney is not available immediately, we will schedule an appointment for you as soon as possible.
Alcohol and gambling are among the most common personal vices that can create very public problems for attorneys, Craven said. “Lawyers are not exempt from being human beings,” Craven added. “Maybe by reputation they are.”. Sometimes the professional drives the personal.
Cicilline, the brother of Congressman David Cicilline and son of famed local lawyer John F. Cicilline, lost his license to practice law in late 2008 after pleading guilty to conspiracy, obstruction of justice, and making false statements. The charges stemmed from a case in which Cicilline promised to help a client get a reduced sentence after an arrest for possessing a large amount of marijuana. The idea was that the client would provide federal authorities with information on another drug dealer. The problem? The client had no such information.
He ended up getting three years in prison —approximately one for each $100,000 that he stole. At his sentencing Superior Court Judge Netti Vogel said that Wyzansky had “used his license to practice law to steal.” He lost that license on November 14, 2013.
Case Description: Jose Serpa charged an ‘illegal fee’ to an ‘indigent client’ who had been charged with a DUI, driving without a license, and leaving the scene of property damage in Massachusetts, according to the state Supreme Court. That may not be the worst part of it. Serpa was actually double billing: he charged his client after already being promised compensation from a state agency that provides public defenders. And, Serpa charged his poor client four times as much as the compensation to which he was officially titled, a difference of about $2,000 to $450, according to the court record. After Massachusetts officials suspended his license in May 2014, the Rhode Island Supreme did the same. His client meanwhile got a new trial and later had the charges dismissed.
Bevilacqua Jr., the son of the former state Supreme Court justice Joseph A. Bevilacqua. Cicilline would later go on to serve 18 months in federal prison.
Case Description: In July 2012, Steven A. Murphy was arrested by Coventry police on four felony charges including second degree sexual assault and assault with a weapon, according to a state Supreme Court order and locally published police logs. Murphy later pled no contest to the assault charge while the other three were dismissed, according to the court. He also pled no contest to a misdemeanor DUI charge on the same day, the court noted. Because Murphy was ‘seriously intoxicated’ during the first incident, the court opted for leniency, suspending his license to practice law for 18 months.
Case Description: When attorney Leonard L. Bergersen was entrusted with holding $28,000 in escrow for a client couple, he took out more than two thirds of the funds for himself, according to the state Supreme Court. When those clients later requested that Bergensen make payments from the escrow account to a bank, no money was left. That was no problem for Bergensen: he just took out $20,000 from another escrow account he held for a business, Jennifer Fisheries, to cover the payments requested by the other clients. The shortfall was not discovered until Jennifer Fisheries hired another attorney to represent it in federal litigation. Bergensen later paid back the money and revealed that a battle with depression had compromised his judgment. Still, the state Supreme Court suspended him for 18 months.
If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.
If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.
In the end, the most important thing is keeping parents and children safe, and maintaining the economic viability of parents. These all involve human and civil rights. What despairs me, is that the judiciary is far too willing to rule in favor of men in appeals, and not take cases of mothers and children.
Like federal scrip, you can create debt by articulating an argument on paper. That is what statutory law is, the creation of debt. On average if the paperwork is not a valid contract it is simply at best a billable script called attorney ‘work product’. know the difference, an attorney is a processor of statutory law.
And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.
The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.
[8] Even where there is no direct adverseness, a conflict of interest exists if there is a significant risk that a lawyer's ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyer's other responsibilities or interests. For example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others. The conflict in effect forecloses alternatives that would otherwise be available to the client. The mere possibility of subsequent harm does not itself require disclosure and consent. The critical questions are the likelihood that a difference in interests will eventuate and, if it does, whether it will materially interfere with the lawyer's independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client.
For example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others.
[18] Informed consent requires that each affected client be aware of the relevant circumstances and of the material and reasonably foreseeable ways that the conflict could have adverse effects on the interests of that client . See Rule 1.0 (e) (informed consent). The information required depends on the nature of the conflict and the nature of the risks involved. When representation of multiple clients in a single matter is undertaken, the information must include the implications of the common representation, including possible effects on loyalty, confidentiality and the attorney-client privilege and the advantages and risks involved. See Comments [30] and [31] (effect of common representation on confidentiality).
The critical questions are the likelihood that a difference in interests will eventuate and, if it does, whether it will materially interfere with the lawyer's independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client.
General Principles. [1] Loyalty and independent judgment are essential elements in the lawyer's relationship to a client. Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former client or a third person or from the lawyer's own interests. For specific Rules regarding certain concurrent conflicts ...
[21] A client who has given consent to a conflict may revoke the consent and, like any other client, may terminate the lawyer's representation at any time. Whether revoking consent to the client's own representation precludes the lawyer from continuing to represent other clients depends on the circumstances, including the nature of the conflict, whether the client revoked consent because of a material change in circumstances, the reasonable expectations of the other client and whether material detriment to the other clients or the lawyer would result.
[14] Ordinarily, clients may consent to representation notwithstanding a conflict. However, as indicated in paragraph (b), some conflicts are nonconsentable, meaning that the lawyer involved cannot properly ask for such agreement or provide representation on the basis of the client's consent. When the lawyer is representing more than one client, the question of consentability must be resolved as to each client.