Representing the Death Row Inmate: The Ethics of Advocacy, Collateral Style (From Facing the Death Penalty, P 92-111, 1989, Michael L Radelet, ed. -- See NCJ-118827)

• NCJ Number: 118831
• Author(s): L A Wollan Jr
• Date Published: 1989
• Length: 20 pages
• Sale Source: Temple University Press
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

A lawyer who has represented an inmate on Florida's death row since 1981 examines the ethical issues involved in handling capital cases in their collateral phase, which occur after the trial and initial appeal have run their course.

Abstract

Relatively few lawyers handle these cases, but doing so can be one of the most important and rewarding experiences in a legal career. Lawyers must consider several aspects of the Code of Professional responsibility. The decision to take the case involves consideration of whether the duty is a personal one, the nature of the duty to represent, the lawyer's regard for public and professional opinion, the representation of an unpopular client, whether the lawyer has the competence to handle the case, whether exceptions to the competence rule are possible, whether the lawyer has conflicting interests, and the extent of the pro bono obligation. After the lawyer has agreed to take on the case, different problems occur. These include the role of assistants, the effect of a decision in one case on other cases, the nature of advocacy, the use of the media, the need to avoid procrastination, and the client's right to end the appeals. Special problems relate to the writ of habeas corpus. Finally, the lawyer must make a decision whether to attend the execution if the advocacy efforts fail. Note and 8 references.