Monday, April 25, 2011

Wisdom: The Undervalued Virtue

Almost daily, as I listen to criminal attorneys describe their success, I question whether the attorneys are really helping their criminal clients.  Take the following scenario as an example:

A 23 year old client comes into an attorney’s office with a court date for a DUI.  The client presents a video capturing the vehicle stop to the attorney; and they view it together.  The video shows the client weaving a little within his lane.  He never leaves the lane, or even touches the line on the roadway.  The video also shows the client performing very well on the field sobriety tests.  Then, the client tells the attorney he blew a .17 on the breathalyzer machine.

With that factual scenario in mind, what is the first thing that an experienced attorney should reveal to the client?  The very first thing!  

Most experienced attorneys are going to explain that they can beat the case.  Clearly the case can be won.  It might be won on the motion to suppress the stop, since there was insufficient evidence to warrant a stop of the vehicle.  If might be won on the motion to suppress the breathalyzer results, because there was insufficient evidence to justify the arrest of the client.  Maybe it will be won because the officer was ill-trained to recognize clues indicating impairment.  The issue is not whether, as the attorney, you can win the case, but what do you tell the client first. 


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About Me

I hung a shingle in February 2000, because I saw that individuals charged with criminal offenses were being underserved by the attorneys practicing criminal law. Since February 2000, I have represented more than two thousand criminal clients. I only practice criminal law, but I do everything from violations of probation to Supreme Court appeals. There are few attorneys under the age of sixty that have my level of experience. I have tried more than two hundred major felony jury trials. I have tried more than fifty misdemeanor jury trials. In Philadelphia as a prosecutor, I tried more than two thousand bench trials. I have conducted more than three thousand preliminary hearings and bond hearings. Yet, I still have the energy at forty-five to serve my current clients. There is nothing that will occur in a courtroom that I have not experienced before. When you are looking for an attorney, experience is everything.