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Viewing 15 posts - 76 through 90 (of 133 total)
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  • in reply to: Why isn’t Justin advising Hope as her lawyer? #15435
    macrr
    Participant

    It would be improper for him to represent anyone implicated as well.

    in reply to: tomorrow’s show #15402
    macrr
    Participant

    I missed that part about EJ being on the phone with the policeman. But didn’t they catch/kill that bad cop during the Cierra kidnapping SL? So, the Dimerra’s have more than one cirty policeman planted. Salem sounds like very corrupt!

    in reply to: *o* #15401
    macrr
    Participant

    That was my exact first thought! EJ is going to be pissed to have to share the money, the house, and Fatha’s attention!! That mansion is going to be Grand Central Station before long.

    in reply to: Why isn’t Justin advising Hope as her lawyer? #15400
    macrr
    Participant

    I am an attorney. In my state, our state Supreme Court sets forth ethical and other guidelines by which attorneys and judges must practice. Most rules are very specific, and there are many, many ethical advisory opinions for situations which may not be so black and white. Just because you are an attorney, it does not mean you can represent anyone at any time; as stated before, one must be very careful in situations in which a conflict of interest may arise, or even an appearance of impropriety may occur.

    For example, I represented a man in a post divorce custody matter with his ex-wife. He remarried and my firm represented his new wife in a personal injury case. Those two parties separated and each asked for my legal advice. I could not represent either one in the new domestic action, or even give them legal advice about it. Another example would be if an attorney represented two partners in a business deal to sell property. If somewhere down the road the partners disagreed on the price or any aspect of the sale, then each would have to retain new counsel since they each had separate interests now, and the original attorney could not do anything against his client (or former client’s) interest. 

    As attorneys, we are required to zealously represent our client. Testifying against our own client is not tantamount to zealous representation; quite the opposite: the attorney’s testimony could have a part in convicting the client (or a verdict against the client). There are so many due process and other Constitutional issues which arise in the Justin/Hope situation.

     As to your inquiry about represnting oneself: this is also not an absolute right. The judge must be convinced that you are of sound mind and body and can actively participate and pursue your defense, AND that you are not seeking to represent yourself for any improper reasons.

    Lastly, the State Bar Association is the entity which ensures that attorneys follow the rules, or it recommends disciplinary action (to the Supreme Court) against those that do not. I am licensed in two states and they each have basically the same rules. It is very likely that most states have very similar rules. Hopefully, this clarified some issues for you. Let me know if you need additional information.

    in reply to: Is anyone going to contact Shawn D? #15373
    macrr
    Participant

    You are absolutely right on! How could "they" possibly have a memorial/funeral for Alice and not have Marlena present? Moreover, Belle and Shawn D were favorites of Mrs. H; they would have moved heaven and earth to be there.

     

    As for the situation with Hope, there is no way Shawn wouldn’t show up for this. I really don’t think the writers even think about these things. If so, they would at least have one or more characters commenting on where Shawn and Belle are and why they couldn’t be in Salem.

    in reply to: tomorrow’s show #15372
    macrr
    Participant

    EJ: maybe it is because he got whacked on the head, too. And, it is turning the tables on the Brady’s/Horton’s because they have been after the Dimera’s forever and a day. But how would he be able to waltz right into the same private office in which she was waiting?

     

    Sami didn’t go and see Bo/Hope because TPTB forgot they were related (or never knew to begin with)!

    in reply to: Why isn’t Justin advising Hope as her lawyer? #15369
    macrr
    Participant

    "State aAr Association" should, of course read: "State Bar Association"

    in reply to: Why isn’t Justin advising Hope as her lawyer? #15368
    macrr
    Participant

    whether he is a hostile witness or not. Being designated as a "hostile witness" only relates to how the attorney can question the witness (i.e. use leading questions as if the witness is being cross-examined instead of direct examined), nothing else. Neither the trial level court nor the appellate courts will allow the defendant’s attorney to testify at/against his own client at his client’s trial, especially a criminal trial. This raises serious Constitutional questions. Further, it would be unethical for the attorney (in Justin’s position) to take the case to begin with. He would be in all kinds of trouble with the state bar association. Believe me, as an attorney, we have all kinds of rules that prohibit us from doing things which may cause even an appearance of impropriety or an appearance of the trial process being tainted.

    in reply to: Why isn’t Justin advising Hope as her lawyer? #15357
    macrr
    Participant

    Sorry, you are incorrect. There is no judge or State aAr Association which would allow this. If subpoenaed by the prosecution, he would be compelled to testify as to what happened to him that night. And, he most certainly would be subpoenaed to testify, just like every other victim, or the state’s attorney is not properly doing his/her job. So, in essence, he would be compelled to testify against his own client, or go to jail for contempt of court, neither of which would look good to a jury or look good for the judicial process in general.

    Even if Hope wanted him to represent her, despite the likelihood of her attorney being called as a state’s witness, it would not be allowed to avoid the appearance of impropriety. The accused does NOT have an absolute right to pick whomever he/she wants to represent him/her. There are ethical rules and court rules which apply to both the lawyer and the judge.

    in reply to: Why isn’t Justin advising Hope as her lawyer? #15343
    macrr
    Participant

    Since he is a victim, he has a conflict of interest. If the case were to go to trial, he most certainly would be called to testify. However, if this were real life, after the arrest and booking, the person would have a bond hearing within a short time. This is the time when a defense lawyer (or the state) would request a psychological evaluation. It is very silly for Hope not to go that route.

    in reply to: What do you think of Sami’s dress/outfit? #15163
    macrr
    Participant

    I’ll have to go watch the episode to check out all of the fashion comments today. Regarding short skirts, however, I used to LOVE to wear them. And yes, one has to be careful when one sits down, but that didn’t matter. If one has the right shape and nice legs, those short hemlines always look good (except in church:)

    in reply to: The writers actually surprised me. #14473
    macrr
    Participant

    " he’s a million times Smarter as Rafe! " That me literally laugh out loud. And its so true. I sure wich he would stay away from Sami, though.  Hey, what about Chloe and Rafe? They would probably look really good together.

    in reply to: I wanna scream #14153
    macrr
    Participant

    you know Melanie will not believe him, and will think he is saying these things just to hurt her (cuz you know everything is about her–in her mind). But still, I do want these two together. They make a very sweet, and cute couple. And I would REALLY like them together so I can see Stephanie’s reaction. mwaa- hahahahahahahah (I know, its very mean: I just couldn’t help it!!)

    in reply to: Alice’s tombstone #14116
    macrr
    Participant

    "We suspend reality in Salem at least three times a day…sometimes four. ;)", true enough if you can stand to watch long enough :)

    in reply to: I wanna scream #14114
    macrr
    Participant

    He is a control freak. Creepy, controlling, and overbearing. How dare he presume to know what she is going to say (although, in all honesty, she HAS repeated the same dialogue for about 2 months now). Instead of letting her finish a sentence, he interupts and either finishes it for her, or tells her he doesn’t want to know. Jackass! I can’t stand to look at him anymore. And, I certainly wouldn’t want to MARRY someone like him. How dreadful those oneway conversations at home would be!

Viewing 15 posts - 76 through 90 (of 133 total)