Does a lawyer have a duty to consult with their client during the course of a trial before moving for a mistrial?
MultiRegion, United States of America
The following excerpt is from May v. Shinn, 954 F.3d 1194 (9th Cir. 2020):
5 To be sure, a lawyer has no duty to consult with his client during the course of a trial before moving for a mistrial. See United States v. Chapman , 593 F.3d 365, 36768 (4th Cir. 2010) (citing cases). But allowing a jury to deliberate after a mistrial has been declared is a far different issue, and is obviously an "important," if not critical, decision.
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