Answered

A client, charged with several felonies including assault with a deadly weapon and attempted involuntary manslaughter, contracted with an attorney to represent him. The client told the attorney that he did not remember the incidents because he was intoxicated at the time. In addition, he told the attorney that the complaining witness held a grudge against him. The attorney did not talk to the client after the initial meeting and conducted no further investigation of the case. Plea negotiations failed to produce a settlement and the case went to trial. The attorney believed that the state had insufficient evidence to establish the crime and decided not to put on any evidence, raise any defenses, or to cross-examine any witnesses. The prosecution put the complaining witness on the stand who gave detailed testimony of the event denying that the client was intoxicated and that he held any grudge against him. The jury convicted the client on all counts and the judge sentenced him to prison. Is the attorney subject to discipline?
A. No, because the lawyer's conduct did not affect the outcome of the trial.
B. Yes, because he failed to provide competent representation.
C. Yes, because a lawyer must cross-examine every witness in a criminal case.
D. No, because lawyers can make all tactical decisions about trial procedure.