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A jury convicted a defendant of murder, and they sentenced him to death. His lawyer at trial was unimpressive, and there were potential points to

A jury convicted a defendant of murder, and they sentenced him to death. His lawyer at trial was unimpressive, and there were potential points to raise in an ineffective assistance of counsel appeal. For his appeal, the defendant used a different attorney from the same firm as his trial lawyer - one of the lawyers at the firm handled trials, and the other appeals. Can the appellate attorney from the same small firm as the trial lawyer handle this appeal? a) Yes, if the client consents to the potential conflict of interest. b) Yes, because there is no conflict of interest if the appellate attorney's own conduct is not in question. c) No, because under the legal standard for ineffective assistance of counsel, the appeal would potentially require the attorney to disparage the representation of his own colleague as being unreasonably poor. Spring 2024 Legal Ethics Final Professor Yamen 6 d) No, because a firm that loses a death penalty case at trial is not competent to handle the appeal, which is a matter of life and death for the client

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