Is it legal for a lawyer to accept a case out of his field of expertise?
Question Details:
This comes from a very old case (8 years) and I don't think anything can be done now but I'd like to know if this is all right. A tax lawyer accepts a criminal defense case doesn't call any witnesses, doesn't object correctly,loses the cases, doesn't appeal and gains the client the maximum sentence. In the situation what should the client's next move be?
It's certainly legal for a lawyer to accept a case out of his field of expertise, however, most (better) attorneys do it both judiciously and study enough about that area of the law to come up to speed. There's nothing that would or could prevent a tax attorney from handling a criminal defense case; he can read books on the matter, take classes, etc.
What attorneys can't do, however, is take a matter outside their expertise and muck it all up because they don't know what they are doing. This could be malpractice. In your case, it's very difficult to say if the lawyer did anything wrong. You say he didn't call any witnesses - maybe the witnesses weren't worth calling; you say he didn't object correctly - but what you might perceive as objectionable might not be; you say he lost - which may not be something he could do anything about if the state's case is just too strong; he may not have been retained for an appeal and judges can often be handcuffed in what penalties they have to impose.
Regardless, any malpractice is moot, as too much time has passed. As to what, if anything, could be done to set aside a verdict, I'd suspect this too might have timing problems, but as this isn't my expertise, you should consult with a criminal defense attorney to see if anything can be done. The attorney would, at a minimum, have to obtain and review the entire transcript, so don't expect a quick (or cheap) answer.
What you need to do is to have a criminal defense attorney look at the matter. He or she would have to review the trial transcripts, etc., in order to determine if there is a basis for appeal. Some states allow a verdict to be set aside if there was "ineffectual counsel" but that is difficult to determine from here. Also, the time constraints for doing all this may be an issue. Seek legal help right away.
