Attorney Admonished For Failure To Explore, Advise On Battered Woman Syndrome

District of Columbia Disciplinary Counsel has informally admonished an attorney for deficiencies in the representation of a criminal client

In 2014, you were defense counsel for a client who faced serious criminal charges in the United States District Court for the District of Columbia. After she was convicted, her successor attorney moved to vacate the conviction based upon your alleged ineffective assistance of counsel. The District Court found that you “abrogated” your professional responsibilities but that there was no prejudice to the client. The U.S. Court of Appeals found prejudice and remanded the case for a determination as to whether your assistance was constitutionally deficient. After remand, the government dismissed the entire case.

You testified in the District Court hearing that you considered hiring an expert on the issue of battered woman syndrome and its connection to a duress defense. However, you testified that your client did not wish to pay for one and you believed that she would not be eligible for CJA funds to cover the cost. You did not request CJA funds to cover this cost and you did not advise your client of this option. It also appears that you did not adequately discuss with your client the pros and cons of going forward without an expert.

We find that you violated Rules 1.l(a) and l.l(b) and l.4(b). Rule l.l(a) states that, “a lawyer shall provide competent representation to a client.” Rule 1.1 (b) states that, “a lawyer shall serve a client with skill and care commensurate with that generally afforded to clients by other lawyers in similar matters.” By failing to explore the availability of CJA funds to cover the cost of an expert, you violated these two Rules. Rule 1.4(b) states that “a lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.” You did not discuss with your client the difficulty of presenting a duress defense without the support of an expert to explain your client’s actions and state of mind at the time of the criminal conduct. Therefore, your client made a decision about providing funds for an expert and the use of an expert without sufficient legal guidance from you.

The case is In re Iweanoge and can be found at this link. (Mike Frisch)