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Q:    Was my lawyer ineffective and are calls between my lawyer and I admissible in court to prove that he was ineffective? I entered a plea and am currently awaiting sentencing. I have recorded conversations… Scroll down to read more!

Q:    Was my lawyer ineffective and are calls between my lawyer and I admissible in court to prove that he was ineffective? I entered a plea and am currently awaiting sentencing. I have recorded conversations between my Public Defender and myself where my PD states that hes not at liberty to re-investigate my case and that he did not attempt to suppress what I have learned to be a illegal search and seizure. He also states that he has over 180 open cases, as if that were to affect his ability with mine.  It took him 10 days after being assigned to my case to come see me, he did not investigate my claims that information was false, that the police lied about statements that I did not make and he did not interview my witnesses.  While I was in jail he claimed that the court would only reduce bail is I took a plea but on the recorded phone call he stated differently.  It was not until last week that he started to investigate my claims. I’ve asked several times for a plea withdrawal so I can have my case looked at properly by a competent lawyer but that has not happened.  I think that what he is doing is only to save his own self from any type of attorney discipline.  


A:    Chosen as “Best Answer” by Asker on www.AVVO.com

You are the boss in the attorney-client relationship but your lawyer, presumably, knows the law better than you, as well as how to apply her/his skills toward your best interests given the unique facts and circumstances of your case.  Still, from your proffer it sounds to me like you lawyer is not trying “to save his own self from any type of attorney discipline”; to the contrary it sounds to me like he is setting you up for an ineffective assistance of counsel claim. 


If what you have proffered is true then your lawyer should be doing an awful lot of things that he is not doing on your behalf.  Apart from even the most basic of defense investigation and evidence challenges, your lawyer generally needs to do your bidding (unless you ask her/him to do something unlawful or unethical) and s/he must act in your interests.  While most strategic decisions are reserved for your lawyer to make s/he should still discuss them with you and where there is a conflict the lawyer should bring the matter to the courts attention and seek ex parte guidance (with the client present). 


The Florida Bar’s primary function is to ensure that it’s members perform to standards and to thereby maintain the integrity of the legal system.   So, if you feel that your lawyer has failed to perform ethically or has otherwise violated his oath as a lawyer then you should file a grievance with the Florida Bar and let them decide if your complaint(s) has (have) merit.  Bad lawyers reflect poorly on all of the good lawyers, and it’s important to call them out. 


Following is a link to the Florida Bar Associations’ Attorney Discipline Process: http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/dbac6623cf5c015f85257a3f0060b781!OpenDocument#FileComplaintAgainstLawyer


That said, in FL if you record a conversation without first securing the other person’s knowledge and consent (including your lawyer) then you have committed a felony. Not only will the recording not be admissible in evidence for you (in your ineffective assistance or Bar Grievance case) but it is likely to be admitted into evidence against you in your felony prosecution (see F.S. 934.03 – Interception and disclosure of wire, oral, or electronic communications, a 3rd degree felony). 


All of this said I suggest that you have your PD file, or that you file pro se, a Motion to Withdraw your Plea. In the motion you should tell the Judge that you have discovered evidence that you believe exonerates you and that you wish to examine it.  If nothing else this will get the issues in front of the Judge.  But I caution you, again, not to bring up or attempt to use your felonious recordings

, and also to be careful when you make accusations against your lawyer.  

I do not know (I know what you have proffered in your question but I do not “know”) what really happened or did not happen but either way I hope that I have been helpful in answering your question.


First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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