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Assignment: Assignment 3
Squiggy
Squigman retained attorney Laverne DeFazio to represent him on a federal bank
robbery charge. The indictment charged that Squigman had robbed Milwaukee Bank
on Shotz Street. The prosecutor’s case depended in part on photographic
evidence obtained from hidden cameras in the bank. None of the photographs
clearly depicted the robber’s face.
At
their first meeting, Squigman told DeFazio that, at the time of the robbery, he
was watching television at the home of his friend Shirley Feeney.
While
reviewing the evidence, DeFazio noticed that one of the bank photographs showed
the robber wearing a ring on the fourth finger of his right hand. Later, at one
of their trial preparation sessions, DeFazio saw that Squigman had a ring on
the same finger. DeFazio mentioned this to Squigman, and the following
conversation occurred:
Squigman:
So what? Lots of people wear rings on that finger and lots of rings look like
this one.
DeFazio:
Yours has a “B” on it.
Squigman:
You can’t see the one in the bank photo clearly enough to see if there’s a “B”
on that one.
DeFazio:
You might be able to if they blow it up.
After
the meeting ended, Squigman removed the ring and DeFazio never saw it again. In
a subsequent meeting, DeFazio noticed a tan ring line on Squigman’s finger and
said, “The DA may ask you about the ring line on your finger.” Squigman did not
respond.
During
the trial, but before he testified, Squigman asked DeFazio what he should do if
the prosecutor asks him if he owned a ring with a “B” on it.
“If
you insist on testifying, you have to tell the truth,” DeFazio said.
The
night before closing arguments were scheduled to begin, Squigman gave DeFazio
the balance of her legal fee in $100 bills. DeFazio noticed that the serial
numbers on 14 of the $100 bills corresponded to the serial numbers identified
during the testimony of a bank officer as the numbers on some of the stolen
bills.
DeFazio
returned all 14 of the $100 bills to Squigman and told him to bring an
equivalent sum in other denominations. The following morning, Squigman came to
court with bills in various denominations, which DeFazio accepted.
In
her closing argument, DeFazio argued that the prosecutor was going after the
wrong man and urged the jury to believe Shirley Feeney’s testimony confirming
Squiggy’s alibi.
What
standards of professional responsibility, if any, has DeFazio violated by her
conduct in representing Squigman? Discuss.
Assignment: Assignment 4
Frasier
is a successful criminal defense attorney. For the past six months, she has
been doing televised trial commentary on a notorious murder trial involving a
former football star. Her comments are considered sharp and perceptive, and she
has gained national recognition. She has recently received numerous other
offers to appear on television. One afternoon, Frasier appears on a live talk
show with three other attorneys to discuss the general state While reviewing
the evidence, DeFazio noticed that one of the bank photographs showed the
robber wearing a ring on the fourth finger of his right hand. Later, at one of
their trial preparation sessions, DeFazio saw that Squigman had a ring on the
same finger. DeFazio mentioned this to Squigman, and the following conversation
occurred:
Squigman:
So what? Lots of people wear rings on that finger and lots of rings look like
this one.
DeFazio:
Yours has a “B” on it.
Squigman:
You can’t see the one in the bank photo clearly enough to see if there’s a “B”
on that one.
DeFazio:
You might be able to if they blow it up.
After
the meeting ended, Squigman removed the ring and DeFazio never saw it again. In
a subsequent meeting, DeFazio noticed a tan ring line on Squigman’s finger and
said, “The DA may ask you about the ring line on your finger.” Squigman did not
respond.
During
the trial, but before he testified, Squigman asked DeFazio what he should do if
the prosecutor asks him if he owned a ring with a “B” on it.
“If
you insist on testifying, you have to tell the truth,” DeFazio said.
The
night before closing arguments were scheduled to begin, Squigman gave DeFazio
the balance of her legal fee in $100 bills. DeFazio noticed that the serial
numbers on 14 of the $100 bills corresponded to the serial numbers identified
during the testimony of a bank officer as the numbers on some of the stolen
bills.
DeFazio
returned all 14 of the $100 bills to Squigman and told him to bring an
equivalent sum in other denominations. The following morning, Squigman came to
court with bills in various denominations, which DeFazio accepted.
In
her closing argument, DeFazio argued that the prosecutor was going after the
wrong man and urged the jury to believe Shirley Feeney’s testimony confirming
Squiggy’s alibi.
What
standards of professional responsibility, if any, has DeFazio violated by her
conduct in representing Squigman? Discuss.