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PR: Richard ‘Racehorse’ Haynes: Legendary Attorney

April 28, 2017 Leave a Comment

FOR IMMEDIATE RELEASE

CONTACT:
Chris Tritico, HCCLA Past President, 281-744-7446, email Chris Tritico
Tyler Flood, HCCLA President, 713-224-5529, email Tyler Flood

racehorseHouston, Texas – April 28, 2017 – It is with a sad heart that Harris County Criminal Lawyers Association acknowledges the passing of legendary attorney Richard “Racehorse” Haynes.  Racehorse was born in San Antonio in 1927 and lived to be 90.  He is considered to be the father of the defense bar in Harris County and one of the most publicly recognized defense attorneys in the nation.

Numerous Judges and Lawyers knew him and studied under him. He is a cultural icon in the criminal justice world.  Racehorse was a United States Marine who served in World War II and participated in the Battle of Iwo Jima at the age of 17.   He was a dramatic lawyer in the courtroom going so far as to almost nailing a real nail through his own had in front of the jury.

Racehorse was involved with many landmark cases such as the State of Texas v. John Hill, which became the basis for the book Blood and Money.  In addition to other notable clients such as Fort Worth millionaire Cullen Davis, he also represented the famous kissing bandit Morganna.

To honor his life and his passing, HCCLA respectfully requests that the flags at the Courthouses be flown at half staff today.

 

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Download (PDF, 474KB)

Filed Under: press release Tagged With: criminal defense, harris county, Iwo Jima, lawyers, Racehorse, Racehorse Haynes

Practice Pointer: Free Legal Resources

January 11, 2016 Leave a Comment

Free Legal Resources for the Attorney
by Thuy Le

A simple tablet with a few apps can help an attorney walk into a courtroom with confidence knowing that they have the facts of their client’s case and the law at their fingertips. Following are the top FREE apps that are available for both iOS and Android that can help keep an attorney organized and prepared for court. I’ve excluded the free apps that require a subscription (e.g. Westlaw/Lexis).

Dropbox:

One of the easiest ways to access your clients’ file in court is not to carry around a folder but to have it uploaded to Dropbox. With Dropbox, you can upload pictures, audio files, and documents and access them anywhere in the world. Want to remind the prosecutor that your client’s 911 call is completely different than what is written in the offense report? You can link the file to an email to the prosecutor for them to listen or you can pull up the relevant portion on your tablet and show them in court. Dropbox allows you to link large files and email the link. This is perfect for files that are too large to attach to an email. If you want added security, I suggest using an encryption service for your files before upload.

Evernote:

This award-winning app allows you to capture recordings, notes, and website links and organizes everything into a searchable database. This is perfect for when you’re doing research and want to keep everything organized. Evernote at its most basic allows you to write down notes and reminders and then lets you later pull it up in a searchable database. However, some of the most useful features of Evernote is the email forwarding, the photo capture, and the geocache function. Email forwarding allows you to forward your emails from one of your server accounts to Evernote to keep it organized. For example, your client Keanu Reeves is sending you emails asking about his court date for his aggravated assault charge. Instead of keeping track of the emails in your email server, you can forward it to Evernote and it’ll organize all your emails, documents, invoices, and John Wick pictures into a searchable Keanu Reeves file.   The photo capture feature allows you to turn pictures into documents and converts business cards into a format that you can later search. The geocache function allows you to pull up notes based on where you created the note. Can’t remember which file or memo you were working on in Austin? Pull up the geocache location function on Evernote and it’ll pull up all the notes created in Austin.   Evernote will also let you dictate your notes for those who can’t or don’t like to type. Evernote is perfect in keeping everything organized by keywords, dates, or location. Best of all, you can still access your notes, emails, and files when offline.

Fastcase/Casemaker:

These are two different free apps that pulls up caselaw. Casemaker is available for free for Texas attorneys. Fastcase uses a boolean search field to pull up caselaw by search criteria. Does the judge during trial want caselaw about whether an officer can enter a home where he receives a noise complaint? Enter those search terms into the search bar and it’ll pull up the cases most relevant to the search terms. You can also sort the results by most relevant or date or even specific courts. I’ve used it to find specific rulings by certain judges to see how likely they would rule on a certain issue. Fastcase will highlight the search terms so you can scan to see if the case is relevant. Of course the more specific the search terms, the better the results.

LawStack:

This free reference allows you to access the U.S. Constitution, the Federal Rules of Procedure and Evidence, the Texas Penal Code, the Texas Code of Criminal Procedure and about a hundred other codes, statutes, and documents statewide and federally. This database is searchable and is most helpful when you can’t quite remember the specific sections of the code. Want to know how the issue of self defense is raised? You can type in “self defense” in the search bar and it will pull up all the sections in the Texas penal code, Texas code of criminal procedure and any other database you specify to search for those teams. This has been a quick way for me to look up the law without having to carry around a codebook or read one of the outdated prosecutor’s codebook left in the courtroom.

ISCOTUSNOW:

The Oyez Project has teamed up with the Chicago-Kent College of Law to create this app to help you understand the Supreme Court and its rulings. This app has the most recent Supreme Court rulings and visually organizes it in a way that’s easy to understand. Pictures of the justices who voted for or against a case, who wrote the majority and minority opinions, and who joined whom in the opinions are laid out graphically so it’s easy to follow. There’s also the transcript and the briefs available for the cases. But the best feature is the audio of the oral arguments for the cases. The audio can be downloaded or streamed and is laid out Twitter-like with the Justices’ and attorneys’ pictures next to the transcript of the argument. The app also tells you what cases are pending before SCOTUS and the constitutional arguments made the parties. The search bar allows you to quickly pull up Supreme Court cases based on topic. This is useful if you can’t remember, but want to find the case, that dealt with whether one has an expectation of privacy in a phone booth.   I’ve wasted hours reading and listening to the audio of the arguments on the most recent major Supreme Court rulings. Overall, one of the best apps in helping you understand and learn about the Supreme Court.

Filed Under: Defender, practice pointers Tagged With: criminal defense, free legal resources, lawyer tips, lawyers, members, practice pointer, technology, thuy le

Mentoring in Criminal Defense

December 7, 2015 Leave a Comment

Law school does not prepare lawyers for the courtroom generally. It teaches them to think, to analyze, and to process, but it does not generally teach the techniques necessary to the courtroom.

In criminal defense, most lawyers are solo practitioners. Many hang their shingle and start accepting cases immediately out of law school. Others may start in a prosecutor’s office but still do not understand the nuances of “defense” work or running a practice. In this vein, mentoring is vitally important.

HCCLA has led the forefront for mentoring in Texas. We have the largest and most successful second-chair program. We have worked with the public defender to further mentoring by assisting in the FACT program (future appointed counsel training). The goal has been to train lawyers in both private practice and indigent defense. By increasing the quality of defense lawyers, the entire system works stronger and better.

HCCLA’s second-chair program has been in existence for many years and is quite successful, thanks to the efforts of Sarah Wood (our coordinator) and all of those who regularly participate in the program.

You can read and download the entire report here:

Download (PDF, 929KB)

Filed Under: benefits, clients, justice, law school, Members, membership, Trial Techniques, Trial Tips Tagged With: constitution, criminal defense, giving back, hccla, lawyers, mentee, mentor, mentoring, mentorship, second chair program

Basic Traffic Stop Reconstruction

August 22, 2015 Leave a Comment

Practice Pointer: Basic Traffic Stop Reconstruction
by: Tate Williams

Justice Ginsburg’s April 21, 2015, opinion for the majority Rodriguez v. the United States immediately states, “a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures. A seizure only by a police-observed traffic violation, therefore, ‘become[s] unlawful if it is prolonged beyond the time reasonably required to complete th[e] mission’ of issuing a ticket for the violation.[i]

Whether a traffic stop takes too long, absent reasonable suspicion of another crime, is suddenly of paramount importance when other evidence is discovered as a result of the detention. This is not every case, but it is many cases where, as in Rodriguez, a stop is prolonged for the arrival of a narcotics detector canine or some other purpose.

Litigating this issue requires not only a familiarity with 4th Amendment jurisprudence, but the ability of the defense lawyer to re-construct and present the encounter between the accused and law enforcement to the Court. That exercise is one that is easily learned and will improve the attorney’s practice in all cases.

Gathering the Evidence

Information commonly available in Harris County criminal cases, if obtained, allows the counsel, a judge and a jury to begin to evaluate the reasonableness of the detention. In addition to any officer’s report, the three most frequently available sources of evidence in local traffic stops are:

  • Mobile Data Terminal Logs,
  • In-Car Videos,
  • Dispatch Audio.

Obtaining these materials requires diligence shortly after the arrest as many agencies only preserved them for a limited period of time. Sample subpoenas are on the HCCLA site. One may also make a Michael Morton Act request, but it is frequently better to know what they contain before you alert the prosecution to their contents.

If the agency moves to quash a subpoena, then one might determine it necessary to file a written motion stating exactly what is sought, what it is expected to show, why it is relevant, and cite the statutes and the accused’s constitutional rights to confrontation, counsel, and to present a defense.

If an agency denies the existence of the information, verification may be required via a subpoena, Public Information Act, or other form of request for information related to that denial:

The maintenance records on the relevant patrol vehicle;

  • A complete list of all vehicles with recording equipment;
  • A complete list of officers with body cameras;
  • Video use and preservation policies.

The General Orders, Standard Operating Procedures, and lists of patrol units with recording equipment are items that HCCLA has previously obtained in admissible form and shared in the member’s section of the web site and may do so again in the future.

The Types of Evidence

Police Reports are generally not admissible as evidence in criminal cases. They may be used for impeachment purposes or to refresh an officer’s memory, but almost no local judge will allow it to be entered into the record. The following materials, though, may be obtained and offered pursuant to the business records exception.[ii]

MDT logs (sometimes referred to as call slips) are useful because their time stamps are reflected to the second as to when data was sent and received. After one learns how to read them, they are a reliable source of when the stop was made, when the officer requested additional information about client’s vehicle or criminal history, what else may have been communicated and when it was completed.

Any video recording should be watched and transcribed. Personally transcribing it word for word allows the attorney to learn the video. Time stamps should be made every few lines and at key events for later reference. Non-verbal conduct may be placed into parentheticals.

Dispatch tapes are also helpful but may be difficult to understand. They often contain statements from officers not contained in the MDT logs or reports such as a request for assistance by specialized units. Unfortunately, they do not contain time stamps but can be compared against the MDT logs to determine the identities of the speakers and relative timing of events.

Using the Evidence

Timelines are often helpful for case investigation and presentation to place consistent or conflicting evidence into an easily digestible format. Each of these discovery materials may be placed into their own timeline or combined into one indicating the source of the event.

Some lawyers construct timelines using columns on flip charts or chalkboards, spreadsheets in Microsoft Excel, or even foam story boards with actual still shots, document shots, audio clips etc., or a combination. The preference is personal may depend on whether it is in preparation or for use at trial with witnesses, pleadings, or argument.

However presented, it has to tell the tale of the stop accurately and effectively. These materials may sometimes be offered into evidence as a shorthand rendition of testimony if presented through witnesses or possibly as a summary of voluminous records.

Regardless, beginning to construct a with the paper materials to (report and MDT logs) allows one to quickly construct a skeletal timeline that one can more easily place events from the recordings into as they are reviewed in preparation or before the Court.

The purpose of the timeline is to show what actually happened. However, to illustrate unreasonableness for a judge or a jury it is sometimes necessary to show what should have happened.

Setting the Standard

In much criminal or civil litigation there is an appropriate standard of care against which a party’s conduct or a witness’s testimony is measured.   Police conduct is no different.

Whether required by statute or the standards of an accrediting body such as CALEA (which both the Houston Police Department and Harris County Sheriff’s Office aspire to adhere to) almost every law enforcement agency has enacted “General Orders” or “Standard Operating Procedures.” These are written directives by which they operate internally and against which they evaluate their own performance. In the Houston Police Department, these are formulated and promulgated by the Inspections Division’s Policy Development Unit (PDU).[iii] The Sheriff’s Department has a similar process.

Traffic stops and other investigations are often governed by these policies and may articulate standards against which the officer in a particular case should be judged. They should be reviewed to at least understand how the officer is trained to perform his duties and respect the rights of citizens. They frequently include not only what an officer is required to do, but in what order and reference other relevant policies.

These policies may be used to make a rough outline as to how an investigation should proceed for reference to what the evidence actually shows. They can be placed into the timeline to show what should have occurred and actually did or did not. If there is a violation of policy or a variance between what should have happened and what did happen, it could be argued that this is evidence of unreasonableness in prolonging the detention.

The Exercise is Good for You

Not every detention is unreasonable and not every investigation will yield evidence supporting suppression. But a large portion of criminal cases result from traffic stops and reconstruction of events with reference to source materials is easy to perform with materials easily and readily available. Once mastered, it is a skill that easily translates to any other type of case.

Knowing what the evidence is and isn’t is the foundation of any representation and the lawyer’s ability to properly advise a client.

If for no other reason, timeline reconstruction is valuable because it forces the lawyer to review the evidence in detail and reduce it to a format that can be easily referenced with the client, investigators, and at trial.

[i] United States v. Rodriguez, No. 13-9972, slip. op. at 1 (April 21, 2015) citing Illinois v. Caballes, 543 U. S. 405 (2005).

[ii] See Tex. R. Evid. 613, 803(6), (8)(B), and 902(10).

[iii] HPD Command Overview Manual, 2014, http://www.houstontx.gov/police/department_reports/command_overview/Command_Overview_Manual_2014.pdf

Filed Under: Defender, police, practice pointers, Public Trust, Trial Tips Tagged With: criminal defense, evidence, fighting the traffic stop, harris county, lawyers, police, practice pointer, tate williams, traffic stop, trial technique

Will the Harris County District Attorney Accept Responsibility?

July 18, 2015 3 Comments

Our clients have problems.

Despite their denial, the Harris County District Attorney has problems as well.

They want our clients to accept responsibility. Will they as well?

In yet another instance, injustice and an appearance of impropriety permeates the Office of District Attorney for Harris County. Apparently, it seems the prosecutor and the bailiff engaged in a series of conversations and text messages about the jury. The importance of this is two-fold: (1) the bailiff, a Harris County Deputy Sheriff, is an officer and arm of the court who is the only person authorized to speak with jurors and (2) the prosecutor is an officer of the court who is forbidden from talking to the jurors. Granted, the prosecutor did not engage in direct communications with the jurors; however, she did attempt to communicate through the bailiff.

She texted the bailiff saying she wished she knew what the jury was thinking. The bailiff responded saying he would find out. THAT IS INAPPROPRIATE. There is no way to spin this so that any part of that conversation was proper and within the rules that require the court (via his bailiff) and the parties (via the prosecutor) to avoid the appearance of impropriety.

So what’s the big deal? Well, the thing is this is just one of many instances – all seemingly small – which cast doubt on the ability to have a fair trial in Harris County.

When will Devon Anderson accept responsibility? She didn’t in her response to our request about Dan Rizzo and the Alfred Brown case. She didn’t in an inquiry about prosecutor’s Connie Spence and Craig Goodhart threatening witnesses. She hasn’t in her media responses to the Kelly Siegler findings of prosecutorial misconduct. And, she hasn’t here. What will it take?

 

Filed Under: appearance of impropriety, honor, justice, police, politics, prosecutors, Public Trust Tagged With: alfred dwayne brown, appearance of impropriety, bailiff, cell phone, criminal defense, Criminal Justice, Dan Rizzo, devon anderson, district attorney, fair trial, fundamental fairness, harris county, Harris County District Attorney, harris county sheriff, hccla, honor, Improper Conduct, justice, kelly siegler, lawyers, perception, prosecutorial misconduct, prosecutors

Hollywood: Cold INjustice

July 11, 2015 Leave a Comment

Chronicle Editorial Hits Nail on the Head: Hollywood ending, A potentially innocent man sat behind bars so that a prosecutor could get on television.

“an awful lot of razzle dazzle for the serious business that goes down in criminal courtrooms”

Some prosecutors forget. Some never know it to begin with. But, criminal courtrooms are serious business. Life and liberty (for all) are at stake. Criminal courtrooms mean much more than their civil counterparts who fight over money.

It is interesting that most people do not care about the criminal justice justice system; most do not care if rights are trampled; most have no idea innocent people can be convicted; until it happens to them or a family member.

For over 21 years, Kelly Siegler (a Harris County Assistant District Attorney) played fast and loose with the rules. She used the courtroom as her stage for theatrics. Yes, she was aggressive, and that’s ok, as long as it is fair. Hiding evidence is not fair. Subpoenaing witnesses under a different case to hide the witness is not fair. Lying to the court is not fair. Interfering with public information requests is not fair. Continuing to hide evidence long after you no longer work as a prosecutor is not fair.

Just as there are bad influences in every profession, Kelly has marred the reputation of prosecutors, even those who do seek justice. It’s easy to be fair. A web of lies and deceit do nothing for our system of justice, except create injustice.

Filed Under: honor, jail, justice, politics, prosecutors, Public Trust, Reasonable Doubt Tagged With: cold justice, criminal defense, devon anderson, dick deguerin, district attorney, harris county, Harris County District Attorney, hccla, honor, Improper Conduct, injustice, justice, kelly siegler, lawyers

Practice Pointer: Eyewitness Effects

June 9, 2015 Leave a Comment

By Mark Bennett

Scientific research and practical experience have shown that eyewitness testimony is often unreliable and a leading factor in wrongful convictions. Still, jurors tend to put a great deal of faith in the testimony of an eyewitness.

Eyewitness testimony can go bad because of bias, because of flawed memory, or because of flawed perception. We all think that we see things correctly and remember them accurately. The Internet recently gave us a tool to demonstrate to jurors that we are our perception of very simple things, such as the color of a dress, can be mistaken.

dress

Some people see the dress in this picture as blue and black. Some see it as white and gold. Put the image up on the screen (test it first to make sure that the effect works on the courthouse equipment) and your jurors will disagree on what color it is. (An informal Buzzfeed poll found that 70% of people saw it as white and gold, rather than blue and black. I got about the same results at home.)

Use this to demonstrate that people of good faith, with no biases, can perceive things wrong and believe beyond any doubt that they are correct. Also use it to make the point that how sure we are about things is not a reflection about how correct we are: those who are 100% sure that the dress is white and gold are 100% wrong.

Filed Under: Defender, practice pointers Tagged With: criminal defense, dress, eyewitness, lawyers, perception, practice pointer, trial technique, voir dire

Practice Pointer: Ethical 8

June 9, 2015 Leave a Comment

By: Jason Truitt

  1. Don’t refuse to accept a plea because your client hasn’t finished paying you—your business model should not cost your client her liberty and it most likely violates the Texas Disciplinary Rules of Professional Conduct. A few hundred dollars isn’t worth a grievance;
  2. Corollary to No. 1: If the representation has concluded and the client has defaulted on payments—forgive the debt. A few hundred dollars isn’t worth a grievance;
  3. No snitching; [i.e. don’t reveal your colleagues confidences]
  4. Don’t ex parte a judge;
  5. If you see unethical conduct by a lawyer or a judge, confront it appropriately—this may mean throwing bombs, or it may mean showing some tact, but it requires action;
  6. Don’t represent co-defendants;
  7. Read the charge and punishment ranges to your client;
  8. Don’t give immigration advice unless you know what you’re talking about; most of all never advise that a plea “won’t affect your status at all” in order to get the plea done.

Filed Under: Defender, practice pointers Tagged With: criminal defense, ethics, hccla, jason truitt, lawyers, practice pointer

Practice Pointer: Can You Afford an Assistant?

June 9, 2015 Leave a Comment

By Patrick F. McCann

How many of you have spent an entire Saturday trying to reorganize files, whether electronic or paper?  So, an eight-hour Saturday, even at an appointed hourly rate of say one hundred dollars per hour, is eight hundred dollars lost to you.  That buys a nice hunting rifle, a new suit or outfit, a plane ticket and one night hotel stay to Vegas; well, you get the idea.  As another, how many times have you spent two or three hours driving, parking, sitting in an elevator, then waiting in the line at a clerk’s office, whether to copy an item from a file or to file something?  At a very reasonable attorney’s rate of one hundred fifty dollars an hour, that is three to four hundred dollars you will not see again.

So, the questions becomes, …what is your time worth? Do the math.  One hour of your time at 150.00 per hour pays for the eight hour shift of a fifteen dollar an hour assistant, plus parking, with enough to buy coffee for the two of you [figuring those fancy latte thingies in a large size]. Isn’t a free Saturday worth that?   Two hours of billable time per week pays for another shift.  Thus two or three hours of your time means you can afford a part time assistant, who will more than earn their pay if you help them to do so.  

Here are some of the things a new assistant can do which require minimal or no training – copies, organizing files, filing [once they know where and to whom the filings go] of pleadings, motions, mailings, getting stamps and office supplies, dropping off items to other attorneys/clients. With some care and training, [and every hour spent training a new person is an hour that reaps gold] a good reliable assistant can gradually learn to update your calendar, answer the phones, contact clients and courts on your behalf when you are late or in another county, take payments from clients, help you prepare and file vouchers on appointed cases, etc.

Alternatives to a full or part time assistant

There are many ways to use some of the essential services that an assistant performs without actually getting an assistant. Let us start with a quick list.

Dictation services and apps – If you are a smartphone addict, get Dragon dictation, and learn how easy and efficient it is to create an email, a text, or notes by talking into your smartphone while driving or walking or standing around having a smoke. Siri has some of this function on the iPhone, but it is frankly not as fast. There are also secretarial services that will type up letters and correspondence by dictation on tape or via MP3 file. There is a service called Speak-Write which does this specifically for lawyers, and they have both software for taking MP3 files from a digital recorder or your computer, AND they will let you call in to dictate a motion over the phone. Simple, affordable, and no messy employee problems.

Organizing and filing – If one has a general practice, and is comfortable working from home, efiling makes good sense, and will be mandatory for civil matters in Texas in 2014.  This saves one a great deal of time and effort, and should be embraced as a way to avoid that nasty rush hour traffic. It is mandatory for federal criminal filings, and will likely become easier and possibly mandatory for state criminal filings and appellate filings at some point, though we are not there yet.  Likewise there are office organizing services and secretarial services that will go to your office and create, then maintain, a simple filing system and help organize your files such that your workspace becomes amazingly efficient. They can be hired on an “as-needed” basis, and it still makes the same sense economically to pay them sixteen bucks an hour to do this while you are billing four hours of productive motion crafting on a case at 150.00 per hour.

Free help – Last, there are some ways to get some assistance on the true “cheap”, and they are called interns. Most law schools and para legal programs in the area have such willing serfs, er…people… available for either academic credit or real world experience necessary to get them paying jobs [eventually].

I hope this has proved useful and at least stimulated some thoughts on how your practice can grow with just a little help. Many hands make the load lighter.

Good luck! Paddy

 

 

Filed Under: Defender, practice pointers Tagged With: assistant, criminal defense, hccla, lawyers, learning from masters, patrick mccann, practice, practice pointer

Practice Pointer: Managing Client Expectations

June 9, 2015 Leave a Comment

By: JoAnne Musick

What does your client expect? Knowing what she expects can help you meet those expectations. Knowing what she expects can help you redirect those expectations when they are unrealistic. Communication is key in this regard.

When you first meet a potential client, it is important that you ask her what she expects. Does she expect to walk? Does she expect to go to trial? Does she expect to plea-bargain her case? Granted, you will not be in a position at this point to properly advise your client as to the realities of those expectations. At an initial meeting, you are not in position to promise, guarantee, or suggest a possible resolution. You may have heard your client’s side of the story, but most often, there is at least one other side to that story. There would be no way to know at this point whether you can successfully negotiate a dismissal. There would be no way of knowing whether your client might prevail at trial. Making a promise as to a dismissal or particular plea-bargain or even a win at trial only sets up unrealistic expectations from the beginning. Some lawyers make these promises to encourage the client to hire them. This is wrong; don’t do it. Instead, explain why you cannot say what will happen because you have not seen the evidence.

When you ask your client what she expects, be prepared to explain why those expectations are likely or unlikely to be realistic. I have clients tell me they expect to plea-bargain their case. That’s fine. I explain that a plea-bargain is certainly a possibility; however, first the case must be investigated and analyzed to see if a dismissal might be warranted or if a reduction is possible. I have clients tell me they expect to try their cases. That’s fine. I explain we are a firm of trial lawyers, and we start out preparing every case as if it will be tried to a jury. But I also ask the client to keep in mind that we have no way of knowing at this point if a particular plea-bargain offer is good or which jurors will show up for jury duty and how they might feel about the evidence because we haven’t even reviewed the government’s evidence or developed our evidence and strategy. So I ask the client to let me help them understand the evidence that the government will try to present so that we can make the best-educated decisions about trial. I also remind the client that while we might believe we have the best air-tight defense, ultimately, a jury makes that decision so we cannot promise or guarantee any particular result.

This key communication sets the tone early for understanding your client’s expectations and managing those. I also begin my representation with a letter to the client (after the contract is signed or after the court appointment is made) that details how to reach me, why I may not be able to take or respond to phone calls immediately, how the case is expected to proceed, and what is expected of the client. This tends to help clients understand the process and what to expect. It also lets them know what I expect from them.

As the case progresses, strive to keep those preliminary expectations under control. You should communicate early and often with your client. This could be via telephone, email, or meetings. But, where any of these conversations come down to the client needing to make a decision (whether to accept a plea-bargain that has been made, whether to proceed to trial, or other similar matters), I prefer to follow-up that meeting with a letter detailing our conversation. It could be as simple as: you have been offered a plea-bargain of X, and the range of punishment for your charged offense is Y; we have discussed the pros and cons of accepting this plea-bargain; and you have indicated you would like to accept/reject/counter that offer. This is simply a letter from you to your client so they see the offer and can think about the consequences of their decision. Obviously, this type of letter will not always be necessary, but where decisions are complicated (like multiple alternative plea-bargain options: conviction with time served or probation), or where the client wants to “think about” the advice you have given, this gives the client a framework of reference while they contemplate their decision or discuss it with family. It also helps prevent a misunderstanding as to what you have told your client during your telephone call or meeting.

Filed Under: Defender, practice pointers, Public Trust Tagged With: attorney-client relationship, client expectations, commun, criminal defense, expectations, hccla, joanne musick, lawyers, practice pointer

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