Maples v. Thomas Amicus Brief

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30 that Mr. Maples now faces as the result of his abandonment by counsel. VI.

Conclusion

The forgoing is a sad tale, one Amici Curiae take no pleasure in addressing. But it also is not the end of the story. In Amici Curiae’s view, the sins of the lawyer should never be visited upon the client because the lawyer-client relationship is different in kind from that of other principal-agency relationships. That is particularly so in a capital case where the remedy of suing the lawyer for breach of fiduciary duty provides no remedy at all. But this Court need not go there, because in this case the abandonment of Mr. Maples by all his lawyers left him with no agents—none at all—to represent his interests at this most critical of junctures. As a result, there is no basis for asserting that Mr. Maples should be stuck with the terrible consequences of not being represented by counsel.


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