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September 08, 2010, 05:01:28 AM

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Site Author : Topic: ethical?  (Read 651 times)
March 01, 2010, 10:14:08 PM
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ethical? (#0)
Is it ethical for a criminal defense attorney representing a person facing a major forgery trial to go to the home of an elderly victim to offer a settlement with the victim having no legal representation present?  And to draw up corporate resolutions for officers of the victim's corporation to sign (essentially representing the defendant and the victim) in order to enforce this settlement?
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March 03, 2010, 01:40:11 PM
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A settlement in any way related to the criminal charges?
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March 03, 2010, 07:48:52 PM
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Yes.  That's all he came over for, and he wrote an agreement to make "reimbursement" for the forgeries (13% of the total amount stolen) and to give up civil rights for the victim to sign and a corporate resolution for officers of his corporation to sign giving him authority to accept the settlement.
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March 04, 2010, 02:56:27 PM
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I would say that it sounds like there are issues there. At this point you have the choice of doing nothing or contacting the Attorney General's office on elderly abuse. Elderly abuse could include what you describe. There is also the issue of an ethics complaint, but that would have to come from someone directly affected by the alleged ethics violation.
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March 15, 2010, 01:22:46 PM
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Yes.  That's all he came over for, and he wrote an agreement to make "reimbursement" for the forgeries (13% of the total amount stolen) ...

What was the basis for the low 'reimbursement' amount?

Is the person in question satisfied with the agreement they signed?

If not, you need to take a copy of the papers to a competent attorney ASAP to see what means exist to undo
the 'agreement'.

Since this is a criminal case, you should contact the DA who is prosecuting this case.  These documents may undermine the criminal prosecution.
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