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Best divorce lawyer in NYC?
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You don’t have to compromise your values to stay in law. It’s okay to ask for a reassignment quietly and professionally—ethics and career can coexist.
I think should be able to ask for reassignment and if not that’s a red flag
Don’t over complicate this. The only thing that matters is: can you still effectively represent your client, given your personal feelings on the matter. If the answer to that is yes, then you should do that. If the answer no, then you need to get off the matter.
It depends. I took on a client who was charged with possession of.CSAM. At first, I thought I could handle it professionally, but after I looked at the discovery, I realized I couldn’t really handle it anymore. I cut a plea deal for the client. I also resolved never to handle this type of case again.
There’s nothing wrong with making the other side prove their case. There’s nothing wrong with asserting positions to avoid inadvertent waiver (unless you already know 110% they don’t apply). But that’s not free rein to abuse the process for harassment purposes.
Additionally, you can advise them to not take certain actions but at the end of the day they’re grown ups and are free to do what they wish (and suffer the consequences). Companies break the rules all the time, typically because the benefits outweigh the costs. You just need to make sure you’re not a co-conspirator.
How bad is it? If it makes you feel a bit ick, then maybe you suck it up, finish this up and then don’t work with them again. But if it’s something where you can’t sleep at night, you need to bow out.
You can spin the withdrawal to your firm, if the client is constantly teetering on the edge of breaking the rules you might not feel you have the requisite experience to help them thread that needle. “I identify cliffs, help people stay away from them, but these guys want to walk right along the edge without falling over, and I don’t have that level of experience to guide them on how to do so”
Consult your state’s Rules of Professional Conduct. If you fundamentally disagree and it will impact your representation, then proceed to show it to your firm and be re-assigned on the matter. I don’t know if your firm will be adversarial to you because of that, but that is an option.
Can you disclose the nature of the matter/issue without divulging the client? Is this an issue that is likely to come up again?
Rising Star
I would also advise checking your state ethics rules and to proceed accordingly. There are ethics rules that address this situation and can provide guidance.
You might get iced out by your firm, depending on the nature of the issue. But it’s your life, live it however you want.
Your intuition seems to be nudging you to get off the case, and I would listen to it.