Calif. Suspends Lawyer Who Botched Gang-Related Shooting Case, Orders Arbitration Over Disputed Fee - ABA Journal, March 18, 2011. The disciplinary proceeding included three counts (with subcounts). The list right out of a Trial Ad syllabus is from Count One:
[R]espondent failed to perform with competence in the criminal case by:In re Harlan R. Antler, STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING (Sept. 20, 2010).
- Performing little, if any, pre-trial case development, planning, or investigation on behalf of Rios.
- Failing to adequately argue motions in limine.
- Failing to make a coherent opening statement.
- Repeatedly failing to ask admissible and relevant questions.
- Repeatedly failing to assert proper objections.
- Repeatedly failing to move to exclude improper testimony.
- Failing to advance a defense theory.
- Repeatedly failing to adequately cross-examine witnesses.
- Failing to properly handle expert witness testimony on gang-related matters.
- Repeatedly failing to properly impeach witnesses’ testimony.
- Failing to adequately prepare Rios for direct and cross examination.
- Repeatedly failing to present evidence or elicit facts on behalf of Rios.
- Failing to diligently perform the services for which he was hire