To: nealm who wrote (6566 ) 5/28/2000 7:18:00 PM From: chalu2 Read Replies (1) | Respond to of 9127
Well, as an attorney you have a duty to zealously represent your clients' interests to the furthest extent allowed by the law. Here, my client would have instructed me to try ever delaying maneuver I could until, presumably, a new and more sympathetic administration could take office in Washington. I could not openly advise them not to negotiate with the feds in good faith, but I think many attorneys would pursue a strategem of delay and complication instinctively if they felt this is what the client wanted. I suppose I would also have to advise them of the volatility that enters into a situation when the federal government, rightly or wrongly, feels it is being defied. This is aggravated by ongoing, emotional demonstrations and vigils. In this respect, I would be concerned about the physical safety of Elian and the family members. Since the feds were threatening just this type of action as a last resort, I would go into federal court and seek an injunction against any removal of the child pending an asylum decision. Of course, before doing this, I would have to thoroughly evaluate the law. If the law was against me, and it looked like I would lose on this point, I would not pursue such an injunction. I would also look for some way to assure the feds that at least the occupants of the home were unarmed; I guess I couldn't speak for protestors. Assurance would have to be more than verbal, but it is hard to provide 100% assurance given how easily pistols are concealed. I don't think that, as their advocate, I would have advised anything different from what was done. Of course, as you know, their can be a wide gap between what a lawyer helps you do, and doing what is right.