Call to Action for the Private Bar
Today I visited the Malden District Court with a client, where a person who shall remain anonymous (but not a defense attorney) told me, “I could tell you must be CPCS; they’re the only ones who care about their clients.”
I know this is a false statement. I have seen many private attorneys and bar advocates go above and beyond for their clients on countless occasions.
I have also seen many private attorneys and bar advocates dodge trials, minimize work, and do a disservice to their clients by giving less than the full zealous advocacy that they owe.
It’s up to you, attorneys: every single one of us is responsible to fight for our clients’ stated objectives,* give them the best advice possible about their options, and stand up to those who view them as so subhuman that the facts and law do not matter. We must prove to the world that defense attorneys are not just in it for the paycheck, nor are we mere ushers to the penitentiary. To the extent that we may sometimes feel downtrodden and irrelevant, it is up to us to prove our relevance. Go. Fight. Win.
Posted by AndyCowan on July 16th, 2009 :: Filed under Client Service
Tags :: About the defenders, Tactics and Trial Strategies, things that are wrong, to the lawyers
You can leave a response, or trackback from your own site.
July 17th, 2009
I second this sentiment. I’ve started to keep a list of bad advocates who can be trusted, and those who can’t. Too many times do I see bar advocates simply quiver and tremble and do the DA’s bidding just for the asking – or, even worse yet, simply schedule cases for trial with their best defense being “I hope the victim doesn’t show up”, forcing the client into a plea when the witnesses *do* show.
This is the absolute *lack* of zealous advocacy, folks.
Let’s man up and do the work.
July 21st, 2009
Of course, there *are* cases where that’s the best strategy you’ve got. I have had cases that I’ve scheduled for trial simply because the AV was too busy to execute an accord and satisfaction. Either they’re too busy to come to court and the complaint is dismissed, or they do come and we can parley.
Of course, this strategy should always be done with trial motions prepared and ready to go, because if the AV doesn’t want to accord and satisfy, and the client doesn’t want to take the best offer from the lobby, you’re in the trial queue.
Let’s not forget (as some lawyers seem to do chronically) that whether to plead or go to trial is the client’s choice, and only the client’s choice. We may sometimes think they’re making the wrong choice, but it’s *their* choice.