If you present evidence to an attorney in a case that was already ruled on, does that attorney have a duty to see it gets to the proper people?
Question Details: This is in regards to a death penalty case, where the defendant was found guilty, and thus sentenced to death. 12 years later it becomes apparent that evidence was tampered with, and withheld from prosecutors and defense counsel. If I present this information to the defendant's current attorney, does she have a duty to act upon it?
She has an ethical or professional duty, not an legal, at least if she is representing him in the criminal case (e.g. she's not his divorce attorney): attorneys must act in their client's best interests. But because it's an ethical duty, not a legal one, if she does not follow it, all you can do is report her to the bar association: there is no suing her or pressing charges for a failure to act on the information.
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