Monday, March 28, 2011

Poor Trial Ad Skills Lead to Suspension

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:
  • 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
In re Harlan R. Antler, STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING (Sept. 20, 2010).

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