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http://www.wsba.org/media/publications/barnews/archives/2000/jan-00-ethics.htm Ethics and the Law:Ethical Considerations for Lawyers and Judges When Dealing with Unrepresented Persons by Barrie Althoff, WSBA Chief Disciplinary Counsel. Opinions expressed herein are the author's and are not official or unofficial WSBA positions. Lawyers and judges dealing with persons who are not represented by counsel, or whose representation is a limited representation, must satisfy various ethical standards in those dealings. This article explores those standards, asks many questions, answers some of them, and provides some guidance on dealing with unrepresented persons. Introduction and Background Natural persons have a right to represent themselves in a trial court. The Supreme Court recognized this right in criminal cases as "a basic right of free people." Faretta v. California, 422 U.S. 806 (1975). In the civil context, the concept of a right to self-representation is often thought of as part of the greater concept of access to justice through access to the courts. Whether the right of self-representation in a trial court also constitutionally extends to the right of a convicted defendant to represent himself or herself on appeal is presently pending before the U.S. Supreme Court. Martinez v. Court of Appeal of California (Dkt. 98-7809). While self-representation is a right, it is also a heavy burden for persons exercising this right. As our legal system tries to meet competing demands and needs of an increasingly complex society, the system itself becomes increasingly complex. Exercising the right to self-representation often becomes perilous to the self-represented person, a challenge to other participants in the system, and a strain on the system's limited resources. Full Article: http://www.wsba.org/media/publications/barnews/archives/2000/jan-00-ethics.htm |
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2006 Ethics-Governance.com |
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