Comments on: Jury Selection and Attorneys as Agents of Their Clients http://nccriminallaw.sog.unc.edu/?p=1108 UNC School of Government Blog Mon, 17 Jun 2013 14:53:31 +0000 hourly 1 http://wordpress.org/?v=3.5.1 By: John Stewart http://nccriminallaw.sog.unc.edu/?p=1108&cpage=1#comment-1739 John Stewart Wed, 03 Mar 2010 14:47:22 +0000 http://sogweb.sog.unc.edu/blogs/ncclaw/?p=1108#comment-1739 Part of the key here is to resolve these issues with the client bofore trial begins. Make sure the client understands that he won’t micromanage the trial.
As far as what to do in the middle of a trial, good luck on withdrawing in the middle of a trial. Most judges I know would not consider this.
If an ethical issues arises then make notes for your records and tell the client you won’t do it.

]]> By: Bryan Gates http://nccriminallaw.sog.unc.edu/?p=1108&cpage=1#comment-1722 Bryan Gates Tue, 02 Mar 2010 16:45:06 +0000 http://sogweb.sog.unc.edu/blogs/ncclaw/?p=1108#comment-1722 I think the majority rule is more sound. Having an attorney is useful to defendants because the attorney has knowledge and experience that the non-lawyer lacks. On matters of strategy, tactics an attorney should consult with the client. However if the consultation has resulted in an impasse, the attorney needs the final say on what questions to ask, what motions to file and what arguments to make. If the client wants full control of the litigation, he or she has the option of self-representation.

I don’t instruct my mechanic on how to repair my transmission or my doctor on the steps to take in removing my appendix. Defendants have ultimate say in whether to go to trial or plead, but the rest is up to the lawyer. Having judges referee disputes between lawyer and client will not lead to better representation.

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