tag:blogger.com,1999:blog-9095750659102120237.post5117480994272904826..comments2023-10-15T09:26:58.086-05:00Comments on Woodstock Advocate: Do attorneys act without consulting clients?Gushttp://www.blogger.com/profile/09036550825708569102noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-9095750659102120237.post-53507007253829876052009-10-15T21:14:18.730-05:002009-10-15T21:14:18.730-05:00I would like to suggest that PERHAPS might be pref...I would like to suggest that PERHAPS might be preferable to ALWAYS.<br /><br />Let's take a situation where a lawyer hasn't really gotten acquainted with his client (maybe one 5-minute conversation), doesn't know the facts of the case, doesn't know the history of the parties, and then that lawyer moves for a fitness evaluation without discussion with the client (and the client isn't nuts).<br /><br />Of course, there might be very clear cases when the defense attorney recognizes that impairment is very likely, and then believes that a fitness evaluation would be appropriate; e.g., the guy who set fire to the woman employee at South Hospital<br /><br />Thanks for your insightful comment.Gushttps://www.blogger.com/profile/09036550825708569102noreply@blogger.comtag:blogger.com,1999:blog-9095750659102120237.post-33798100370108173462009-10-15T20:43:21.046-05:002009-10-15T20:43:21.046-05:00Sigh, ok first let's put the apples with the a...Sigh, ok first let's put the apples with the apples, and the oranges with the oranges. Should an attorney make motions without the consent of his or her client, answer: never, if it concerns how to proceed with the case; ALWAYS if it concerns making a motion for a fitness hearing (where appropriate). An attorney owes both a duty to his client and the court to make a motion for a fitness hearing (if appropriate) regardless and very often in spite of his client's "position." It's not that hard to understand, if there is an issue of fitness, (and you are right) your client will NEVER agree. So your answer would be never move the court for a fitness evaluation? Huh?Another Lawyerhttps://www.blogger.com/profile/15738256991272045461noreply@blogger.comtag:blogger.com,1999:blog-9095750659102120237.post-87694944470094460392009-10-15T14:24:46.742-05:002009-10-15T14:24:46.742-05:00To answer the question posed in your title, it has...To answer the question posed in your title, it has been my experience that YES, attorneys do act without consulting their clients. As I said, speaking to my own experience, I would often be unaware of what my attorney was doing with regards to my case until after the court hearing. (This took nearly a year to complete.) Afterward, I would be briefed on the status of the case and what my "options" were. I say "options", because I had very limited choices, logically speaking, to make during the course of the event.FatParalegalhttps://www.blogger.com/profile/11349943157176606330noreply@blogger.com