Criminal Defense Lawyers trapped on case

As often happens in criminal cases, the defense attorneys for Petters have not been paid. Given the complexity of the case, there is a real sense that being forced to remain on the case without pay could ruin the criminal defense attorneys financially.

Here the judge claims that he is worried about delay:

Report: Judge won’t let Petters' legal team quit - Minneapolis / St. Paul Business Journal:: "Although they haven’t been paid for any of the work they’ve done in defending Tom Petters on fraud charges this year, his attorneys will not be allowed to quit the case, the Star Tribune reported Friday.

U.S. District Court Judge Richard Kyle on Thursday informed Petters’ criminal defense attorneys, Jon Hopeman and Paul Engh, that they must continue to represent their client. Hopeman and Engh have said Petters’ defense could cost up to $5 million.

Petters is in jail in Sherburne County awaiting trial for allegedly defrauding investors of up to $3.5 billion. The trial is expected to begin this summer.

The defense team said it’s had to cut back on trial preparations including investigators, other attorneys and expert witnesses because of the impending ‘financial disaster’ it faces.

Kyle said that appointing a new defense team would delay the case.

Felhaber Larson Fenlon & Vogt, the law firm Hopeman works for, was paid more than $500,000 for work done in 2008.

Petters maintains his innocence."

There are many things that delay a criminal case. A lawyer who is not being paid may not do the best job for the client. There is an extreme potential for a conflict of interest. That conflict of interest could open up the real possibility of appeal.

All I can say is I'm glad I don't represent Petters on this one.

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