With Trial In Mind
When you retain me as your criminal defense attorney, I immediately begin preparing your case for trial, even though only a small fraction of cases ever reach a jury. I do this for a number of reasons. First, preparing early helps with negotiations. It allows me to uncover flaws in the other side’s case that I may be able to leverage in your favor. It also sends a message to the other side that when I say I’ll go to trial, I mean it. When the opposing side knows that the threat of trial is real, they are more likely to make a deal or sometimes even dismiss the case. This is huge. If I can get your case resolved without the stress of putting you through a public trial, I will. However, that’s not always possible and sometimes it is in your best interest to try the case. In that instance, it’s a tremendous advantage to start preparing early rather than scrambling at the last minute. The more time I spend with the details of your case, the better I know them, and the more prepared I am.
So, what do I mean when I say that I prepare your case for trial from day one? Below is an example of the way I typically approach my criminal cases. I believe this to be the best method to make sure that you get the best possible outcome.
First, I’ll want to get some background information from you about who you are and where in your life’s journey this case has found you. Do you have a job? Children? How much schooling have you had? Have you ever been arrested before?
I’m likely to ask you some pointed questions during this interview (Do you have a drug problem?) because I need to make calculations about a number of things. I need to assess how well you’re likely to present to a jury, and whether the government is likely to seek a prison term if you are convicted.
Of course, I’ll listen to what you have to tell me, but don’t be surprised if I cut you off or don’t seem interested in the same facts that you are. Often, my clients are too close to the case to be able to tell what really matters. One of the benefits of hiring a lawyer is that you’re getting someone with distance who can look at things objectively. This means that I might focus on something that seems unimportant to you. This is the first time in our professional relationship where you’re going to understand what a momentous decision hiring a lawyer is, and how there is a strong element of trust in how we work together. I am committed to being honest and up front with my clients at all times. This is one of the reasons I have chosen to publish my complete jury trial record. Be assured that if I cannot commit 100% to offering you stellar representation, I will not take your case.
After you’ve retained me, I’ll file a document called an “Appearance” with the court and the government. This notifies the tribunal that I am now responsible for your defense and that all notices and information concerning the case should be directed to me instead of you. My appearance is a level of protection for you. It is my promise to stand with you throughout your case’s life in the trial court.
After I “appear,” I will request “discovery” from the government. Discovery can be anything but, typically, it’s the reports that the police have prepared concerning their investigation into your case. Discovery can include papers, videos, pictures and other evidence. I cannot give you the discovery, so please don’t ask. I will, however, review and discuss it with you so that you’re fully informed about your case before you make any big decisions.
As I review the discovery, I will be assessing the strength of the evidence, as well as looking for factual and legal weaknesses in the investigation. If necessary, I will also conduct my own independent investigation. I will talk to witnesses, or visit the crime scene so I can become as familiar with the facts as possible and maybe even learn some things that the police might have missed.
When I have a firm grasp of the discovery, I’ll arrange a meeting with the government and use what I’ve learned to broker the best possible offer that I can. You’re not required to take this offer, but I am required to tell it to you. We’ll discuss together whether it’s worth considering. Keep in mind that you always have the option of a jury trial. Depending on your case there may be other options, including the filing of motions that may limit or exclude some of the evidence against you.
If you decide to go to trial, I’ll decide whether any witnesses need to be subpoenaed and, if so, I’ll subpoena them. We’ll talk about whether we need experts. Although I can never guarantee results, I will do everything I can to make sure that, when the jury is empaneled, your case is in the best posture that it can be for success. Please understand that you also have an integral role to play as I prepare.
What I Expect From My Clients
Truthfulness: Sometimes, clients will omit details or stretch the truth because they’re embarrassed or afraid that I will judge them. Please don’t do this. Our conversations are protected by the attorney-client privilege, which means that what you tell me is confidential and can’t be shared with others. Thus, it is in your best interest to tell me the truth so that I can craft the absolute best defense for your case and am not caught by surprise.
Civility: Being charged with a crime is one of the most stressful experiences that someone can go through. You may feel like you’ve been set up or treated unfairly. You may be angry. That’s understandable. However, it’s my job to counsel you regarding your options and you may not always like what I have to say. It’s okay to disagree with me or to be upset. Please remember however, that I am on your side and I am fighting to get you the best result possible for your case. I ask that you treat me with respect and I promise to always respect you in return.
Communication: The attorney-client relationship is a two way street. I promise to keep you informed of the status of your case. It is your responsibility to provide me with up-to-date contact information, as well as significant developments in your life, such as a new arrest. Please respond to messages in a timely manner so that I may act swiftly regarding time sensitive matters.
Also, when you have a question or request, I appreciate you reaching out to me. I make every effort to respond promptly. However, please do not bombard me with multiple emails and calls each day, as this style of communication distracts me from the important work of preparing your case.
Punctuality: If we have a scheduled meeting, please arrive on time since I have cleared my calendar just for you. It’s also essential that you show up for court dates. Not showing up for court or appointments demonstrates a lack of concern about your case. Missing court dates could even land you in jail. The simple truth is that I only want to work with clients who care about their case at least as much as I do.
Pay Your Bill: Most of my clients pay a flat fee up front for my services, so this is not often an issue. However, if we work out a payment plan, it is absolutely essential that you pay as agreed. When you retain me for my services, I immediately dive into your case with all that I have. I can only offer this level of service to a limited number of clients. Thus, taking a space in my practice means that I am turning away another potential client. Please honor our agreement.