can an attorney volunteer to represent someone who is mentally unable to seek an attorney?
Tuesday, March 11th, 2008 at
4:55 am
- asked:
If an attorney is aware that a brain-dead person has been victimized in some way, can that attorney take initiative and represent that person even though not requested to do so? This is purely academic so feel free to be creative with the question buying prescription drugs and any related variables.
I guess what I’m really asking is how to assert this ability in court if the defenese were to object. Is there a statute or case law to reference?
If an attorney is aware that a brain-dead person has been victimized in some way, can that attorney take initiative and represent that person even though not requested to do so? This is purely academic so feel free to be creative with the question buying prescription drugs and any related variables.
I guess what I’m really asking is how to assert this ability in court if the defenese were to object. Is there a statute or case law to reference?
Tagged with: Brain • Reference • Variables • Volunteer
Filed under: Attorney FAQ
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For justice, an attorney could initiate to protect the rights of a person by representing him in court proceedings.
As a general rule if you are unable to secure an attorney on your behalf, for reason or another, you would be appointed an attorney from the public defenders office. However, if a brain dead person cannot ask that the volunteer attorney represent them, then there would be an immediate relative or someone representing the estate of this person to give permission to the volunteer attorney. I dont think he can volunteer on his own to represent this individual without permission and approval of the court. The volunteer attorney would have to petition the court to represent if he did not have permission from family of this individual. Sorry, don’t know any case law on this. Also, each state has its own laws regarding situations like this.
No. What you’re describing is called “champerty and maintenance,” in which a lawyer who has no legal interest in a case brings it anyway.
The case would be dismissed, and the lawyer would be subject to disbarment.
If the family will not take steps, that reflects the family’s decision to do nothing. Besides, if the patient is brain dead, then there is no client to represent.
Need more information. But, you should show it to a local lawyer. Most will answer one question without charge.
For useful info take a look at these sites:
Umm… what jurisdiction?