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Aug 31 2013, 11:36 PM
I'm not sure why it annoys me so much, since when have soaps held their characters to real-life professional standards (Daniel, the doctor who sleeps with his patients, anyone?). But the plea offer scenes really infuriated me because Melinda Trask would be disbarred if she did that in real life. It's legal ethics 101 that an attorney may not communicate with a person represented by an attorney without the attorney present. Sami's plea offer should have been communicated to Justin for him to discuss with Sami or there should have been a meeting with Justin present. For a prosecutor to just go to an accused's cell, make an offer, and pressure her to take it is about as clear a violation of the ethical rules as you can get. If Justin were written as a half-way competent attorney, the instant he learns about the plea offer, he should be in front of the judge demanding that Melinda (and probably most of her office) be disqualified from prosecuting Sami. And EJ, who also is an attorney, should have instantly raised holy hell when Sami told him that Justin didn't know about the plea.
Sami has the right to the assistance of an attorney but she can waive that right.Sami asked to see Melinda without her attorney which is why Melinda had a witness and recorded the conversation with her.You can challenge anything in court but I don't think Justin would likely win the argument.I don't see Melinda's behavior as unethical given that the original offer was made in Justin's presence.
Edited by BeeBee, Sep 1 2013, 09:38 AM.
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Friday August 30th Daily Discussion · DAYS: News, Spoilers & Discussion