Examples Where Criminal Lawyers Should Be Fired
Criminal lawyers at their very best are ideal partners for a defendant who needs a professional advocate in their corner.
According to one of best criminal law firms from Sydney, criminal cases are fraught with danger when there are charges handed down and it is up to the legal representative to argue the case with the support of evidence at their disposal.
Yet it is often the actions and practices that occur behind the scenes and away from the courts where the real progress is made.
If a client has invested their time and money in a solicitor to look after their livelihood, then they must be professional and adhere to industry standards and principles.
When they fail that duty, they should have no complaints if they are fired and dismissed on the spot.
Here we will look at some examples that are justified to end in a sacking and in some extreme cases, disbarment from the profession.
Issuing Promises or Making Outlandish Claims
No professional regardless of their background or experience can issue promises for their client. Whether it is new evidence that comes to light or the reactions of jury members who will interpret a case in their own unique way, no practitioner is ever in a position to state with complete certainty that they will obtain a guilty or not guilty verdict. There will also be grounds for dismissal if a lawyer makes outlandish claims in front of a judge or jury that attempts to support those guarantees, making desperate attempts that only hampers the argument.
Missing Deadlines and Appointments
According to O’Sullivan Legal, there will be basic logistical matters that have to be adhered to within the justice system. From filing a plea and responding to requests to fulfilling standard obligations like court dates, these appointments are vitally important. For a client who is relying on their service and diligence, any solicitor that continues to turn up late to miss the deadline is risking their livelihood. It is certainly grounds for dismissal and any judge would be sympathetic for an individual who wishes to change counsel in these circumstances.
Unable To Obtain Direct Evidence
A criminal law case can constitute a myriad of offences, from sexual assault, robbery, murder and manslaughter to fraud, breach of contract or drink driving. In order to win in a courtroom and successfully fight the charges, core evidence has to be obtained that ventures far beyond the testimony of the individual who is at risk of financial fines or a jail sentence. That will revolve around eyewitness testimony, police reports, DNA samples, documentation, personal references, photographic and video evidence or even social media posts that can place a citizen in a certain location at a certain point in time. Circumstantial and anecdotal evidence is one thing, but a solicitor should be fired if they cannot utilise direct forms that point to their innocence.
Not Operating in Good Faith
The final talking point over the correct dismissal of a criminal lawyer is something of a subjective assessment. It will be those solicitors who are not operating in good faith who deserve to be fired because that lack of trust between representative and client will underpin the success or failure of the argument. A lack of trust can create fractures on one side of counsel where the prosecution can begin to find new opportunities and leverage an absence of faith on their behalf. This will be seen when the solicitor tries to strike plea deals behind the back of the individual or has a conflict of interest that compromises the quality of their work. It can be hard to ascertain if that is the case, and it will often be a decision made on instinct.