Dylan was arrested one month ago for the armed robbery of a…
Dylan was arrested one month ago for the armed robbery of a neighborhood convenience store after an eyewitness identified him as the perpetrator. While in custody, Dylan recalled receiving a promotional postcard in the mail from Attorney Avery shortly before his arrest. The postcard contained the statements: “I HAVE NEVER LOST A CASE. NO CRIME IS TOO BIG FOR ME.” It also identified Avery as a “Criminal Law Specialist.” Avery had mailed similar postcards to individuals residing in certain high-crime zip codes as part of a broad marketing campaign. At the time, Avery had recently passed the bar and had just opened his own practice. He represents clients in a wide variety of matters. After receiving the postcard, Dylan contacted Avery and retained him to represent him in the criminal case. The prosecution of Dylan was handled by Prosecutor Paige, who was assigned to the case. One week before trial, Paige received a fingerprint analysis report from the county crime lab indicating that Dylan’s fingerprints did not match those recovered from the scene. Rather than disclosing the report, Paige chose not to use it at trial and did not provide it to defense counsel. Avery did not request any discovery materials during the course of the representation. During trial preparation, Avery also posts on his personal social media account: “Another strong case. Confident this one will end the same way as the rest. Justice always prevails when I’m in the courtroom.” At trial, the prosecution relies primarily on the eyewitness identification, and Dylan is convicted. What professional responsibility issues are raised by the conduct of Attorney Avery and Prosecutor Paige? Discuss fully.
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