Adam Liptak, the Times fine legal affairs correspondent, asks `why do we saddle clients with their lawyers mistakes?' Because the lawyer is the client's agent, is the short and unsatisfactory answer. Liptak explores the problem in the shocking case of Ronald Smith (below) and in a fuller discussion of the issues in a recent issue of the Michigan Law Review - Agency and Equity: Why Do We Blame Clients for Their Lawyers' Mistakes? -Liptak proposes an abandonment exception to the general rule that a principal bears the consequences of the agent's default. - gwc
When Death Row Lawyers Stumble, Clients Take the Fall - NYTimes.com:
'via Blog this'
When Death Row Lawyers Stumble, Clients Take the Fall - NYTimes.com:
Twice in recent years, the Supreme Court rebuked the federal appeals court in Atlanta for its rigid attitude toward filing deadlines in capital cases. The appeals court does not seem to be listening.h/t Brooks Holland/Legal Ethics Forum
A few days after Christmas, a divided three-judge panel of the court ruledthat Ronald B. Smith, a death row inmate in Alabama, could not pursue a challenge to his conviction and sentence because he had not “properly filed” a document by a certain deadline.
As it happens, there is no dispute that the document was filed on time. But it was not “properly filed,” the majority said, because Mr. Smith’s lawyer did not at the same time pay the $154 filing fee or file a motion to establish something also not in dispute — that his client was indigent.
Nor did the majority place much weight on the fact that the lawyer himself was on probation for public intoxication and was addicted to crystal methamphetamine while he was being less than punctilious. In the months that followed, the lawyer would be charged with drug possession, declare bankruptcy and commit suicide.
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