At trial, counsel argued that the individual captured on camera was not his client along with the frailties associated with such evidence, leading to an acquittal. Charges: P4P X3 Fentanyl — After lengthy pre-trial discussions, the client resolved by entering a plea of guilty to one count of simple possession of cocaine 2. Charges: Unauthorized Possession of Firearm and RelatedCcharges Result: After reviewing the disclosure and lengthy pre-trial discussions, the crown agreed to withdraw all charges as the case lacked the requisite knowledge to prove she had possession of the gun.
A warrant was later executed at his house which recovered a firearm along with readily accessible ammunition. In reviewing the Information to Obtain the warrant, counsel was able to highlight the deficiencies in the warrant, resulting in the crown withdrawing the firearm-related charges. The client resolved to simple possession of cocaine charge, and all the remaining drug charges were withdrawn by the crown.
The money seized was also returned to the client. Automated page speed optimizations for fast site performance. Driving Offences R v. Sexual Assault R. September 1, , am CDT. In developing its most recent opinion, the ABA Standing Committee on Ethics and Professional Responsibility had a choice between two approaches in answering the question of which papers, property and other materials a lawyer must turn over to a client when a representation is terminated.
Formal Opinion analyzes these issues in the context of a lawyer who represented a municipality for 10 years. When the representation terminated, the municipality requested that the lawyer provide its new counsel with all files—open and closed.
Swisher, an attorney in Scottsdale, Arizona, who often represents lawyers in ethics matters. Most state jurisdictions have adopted the entire-file approach, and the ABA opinion cites ethics opinions from Alaska, Arizona, Colorado, Iowa, Oregon and Virginia as examples of how it is applied. Some ethics authorities would have preferred to see the ABA adopt the entire-file approach, which they say is more client-friendly. The end-product rule, in some instances, runs contrary to the facts that the client paid for the materials and that lawyers are fiduciaries with duties of open communication with their clients.
However, the same rule provides for certain limitations on what your lawyer can share with you. Supreme Rule 1. The Illinois Supreme Court has enacted a rule that does just that. Police reports may include the names and addresses of witnesses and police officers, and other identifying information that the Supreme Court does not want to be made public.
So, your lawyer is prevented from making copies of the discovery and giving it to you. However, your lawyer remains obligated to communicate with you and keep you reasonably informed about your case. While Supreme Court Rule c may seem to be in conflict with the Illinois Rules of Professional Conduct, the legal issues have been litigated and decided by the Courts.
The Courts have upheld these rules and ruled that they are legal and proper. While your lawyer cannot make copies of the discovery and give it to you, your lawyer is allowed to sit down with you and review the discovery with you. Your lawyer is allowed to ensure that you are aware of the evidence in your case and allow you to assist your them in defending you in your case. If your lawyer believes that allowing you to see the names and the identifying information of witnesses may result in great bodily harm to that witness, your lawyer can cross out that information to protect the identity of those witnesses.
If you fire your lawyer and hire someone else, your lawyer must turn over all of the discovery to the prosecutor.
Once your new lawyer files his appearance, the prosecutor will turn over the discovery to your new lawyer.
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