What is the standard of conduct of a defence lawyer in defence of an allegation of sexual assault?

California, United States of America


The following excerpt is from Jacobson v. County of Los Angeles, 137 Cal.Rptr. 909, 69 Cal.App.3d 374 (Cal. App. 1977):

'Here appellants have made no effort to comply with the rules of court and have failed to set forth the evidence of the matter under consideration. What is said in Hickson v. Thielman, 147 Cal.App.2d 11, 14, 15 (304 P.2d 122), is particularly appropriate: 'The first contention of defendants is that the findings are unsupported by the evidence. In this connection, we repeat what every lawyer should know, namely, that when an appellant urges the insufficiency of the evidence to support the findings, it is his duty to set forth a fair and adequate statement of the evidence which is claimed to be insufficient. He cannot shift this burden onto respondent, nor is a reviewing court required to undertake an independent examination of the record when appellant has shirked his responsibility in this respect.

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