r/funny • u/MinaLovesShibas • 1d ago

just because you did it, doesn't mean you're guilty

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u/ACuddlyVizzerdrix 1d ago

It's like the lawyer defending the guy in Florida who ran over the protesters, he brought up some wild bullshit but it was at the request of his client but also so that same client couldn't appeal on the same BS later

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u/gwillen 1d ago

It's a delicate situation for a lawyer when their client wants to say some bullshit. They're not allowed to lie to the court, or knowingly help their client lie on the stand. And they're not really supposed to advance horseshit legal theories that just waste the court's time, but I think there's a bit more leeway there if the client is insisting.

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u/morpheousmorty 15h ago

I think the word missing here is ethics. The lawyer should advise the client and then if it is within the rules of ethics follow the client's wishes.

They client is being represented by the lawyer, not the other way around.

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u/TrevelyansPorn 23h ago

That's the opposite of how it works. If you don't raise an issue at trial, you waive the right to raise it on appeal.

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u/Sochinz 21h ago

I think he means avoiding an ineffective assistance of counsel issue?

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u/TrevelyansPorn 21h ago

But that can't weaken the defendants case on appeal. If it was otherwise a valid claim but not raised because of ineffective assistance, the defendant preserves the issue but has a higher burden on appeal to show that the ineffectiveness might have changed the verdict and that the decision not to raise the issue was an error and not strategic. Raising the issue at trial preserves the review under the lowest possible standard of review for that issue.

Tldr raising an issue is always better for your client than not raising the issue in terms of appealability. What you lose is credibility in front of the trial judge if you make a weak argument.