Pignatelli Revisited

 Posted on January 29, 2009 in Uncategorized

If, like Francis M. Pignatelli, you moved from Ohio under a cloud and started representing people in Colorado, you wouldn't even have to read the rules in their entirety to find it; it's right there in Rule 1.2(a) of the Colorado Rules of Professional Conduct:

In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

In fact, if you had read the Ohio disciplinary rules before getting accused of a criminal conspiracy, ratting out your clients, and moving to Colorado under a cloud, you would have found the same rule in the same place. Even if you hadn't made it through the rules to Rule 1.6, Confidentiality of Information, you could have read Rule 1.2(a) of the Ohio Rules of Professional Conduct:

In a criminal case, the lawyer shall abide by the client's decision as to a plea to be entered, whether to waive a jury trial, and whether the client will testify.

So why, after ratting out your clients in Ohio and moving to Colorado, would you jeopardize your chances of continuing to practice law (and, incidentally, finding more clients to rat out) by filing a motion to withdraw plea over your client's objection (pdf)?