Difference between revisions of "Ethics and Professional Responsibility"

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The most neglected person in any criminal litigation is often the defendant.  Defense lawyers sometimes spend so much time preparing for the case, dealing with the other counsel and the court that they often forget about building a relationship with the defendant.  Typically, each case has a "critical point" where the defense lawyer urges the defendant to take his advice.  The defendant will not always follow that advice because the defense lawyer has not taken the time to build a relationship at the beginning of the representation.  The following are suggestions to foster the client relationship.
 
The most neglected person in any criminal litigation is often the defendant.  Defense lawyers sometimes spend so much time preparing for the case, dealing with the other counsel and the court that they often forget about building a relationship with the defendant.  Typically, each case has a "critical point" where the defense lawyer urges the defendant to take his advice.  The defendant will not always follow that advice because the defense lawyer has not taken the time to build a relationship at the beginning of the representation.  The following are suggestions to foster the client relationship.
* Recognize That the Defendant is Under Stress Over the Case
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* '''Recognize That the Defendant is Under Stress Over the Case'''
 
Be aware and understand that because the defendant is concentrating on the case, he will forget to take care of other important things.  The defendant may call and say that he lost his job, got evicted, broke his leg, lost power in his house because the light bill did not get paid, is getting divorced or was in a car accident.  Recognize and explain to the defendant that he may be particularly susceptible to these problems because of the stress of the case.
 
Be aware and understand that because the defendant is concentrating on the case, he will forget to take care of other important things.  The defendant may call and say that he lost his job, got evicted, broke his leg, lost power in his house because the light bill did not get paid, is getting divorced or was in a car accident.  Recognize and explain to the defendant that he may be particularly susceptible to these problems because of the stress of the case.
* Have the Defendant Write A Brief Biography of His Life
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* '''Have the Defendant Write A Brief Biography of His Life'''
 
The defendant becomes involved in the process of developing the case and gets the opportunity to tell the defense lawyer about his history.  The defendant should write this while away from the defense lawyer's office and spend time gathering facts and information.  The defense lawyer should read the biography and clarify any questions he might have regarding the defendant's history.  It may be surprising what you will learn about your client.  For example, reviewing the defendant's background may reveal he had served in the military and been awarded numerous medals and citations for heroism.  This fact would be extremely important if the defendant's credibility or character is at issue during the trial.
 
The defendant becomes involved in the process of developing the case and gets the opportunity to tell the defense lawyer about his history.  The defendant should write this while away from the defense lawyer's office and spend time gathering facts and information.  The defense lawyer should read the biography and clarify any questions he might have regarding the defendant's history.  It may be surprising what you will learn about your client.  For example, reviewing the defendant's background may reveal he had served in the military and been awarded numerous medals and citations for heroism.  This fact would be extremely important if the defendant's credibility or character is at issue during the trial.
* Always Keep the Defendant Advised of Meetings
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* '''Always Keep the Defendant Advised of Meetings'''
 
Defendants are happy to meet with their defense lawyers, but they need a certain connection between the meetings.  If the defense lawyer plans ahead as to the next meeting, then the defendant has a next step in mind.  This may seem like a minor point, but the defendant needs that "connection."
 
Defendants are happy to meet with their defense lawyers, but they need a certain connection between the meetings.  If the defense lawyer plans ahead as to the next meeting, then the defendant has a next step in mind.  This may seem like a minor point, but the defendant needs that "connection."
* The Defendant Needs Information
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* '''The Defendant Needs Information'''
 
Make it a routine practice in your office that the defendant gets copies of everything.  Take the time to answer the defendant's questions.
 
Make it a routine practice in your office that the defendant gets copies of everything.  Take the time to answer the defendant's questions.
* Accompany the Defendant to All Case Related Meetings
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* '''Accompany the Defendant to All Case Related Meetings'''
 
No defense lawyer would consider allowing the defendant to meet with the detective investigating the case or the prosecuting attorney without the defense lawyer being present.  However, defense lawyers frequently allow the defendant to see pre-sentence officers, probation officers or other court/state related personnel without being there.  The defendant simply does not know how to act and does not know what to say or do, and frequently gives incorrect or incomplete information.  Incomplete information can appear on the pre-sentence report to the detriment of the defendant.
 
No defense lawyer would consider allowing the defendant to meet with the detective investigating the case or the prosecuting attorney without the defense lawyer being present.  However, defense lawyers frequently allow the defendant to see pre-sentence officers, probation officers or other court/state related personnel without being there.  The defendant simply does not know how to act and does not know what to say or do, and frequently gives incorrect or incomplete information.  Incomplete information can appear on the pre-sentence report to the detriment of the defendant.
* Do Not Judge the Defendant
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* '''Do Not Judge the Defendant'''
 
It is imperative that the defense lawyer avoid feelings and expressions of negativity or defensiveness that will be barriers to communication.  Guard against becoming insensitive to the defendant.  The defense lawyer should try to find the good in the defendant and maintain a professional demeanor in dealing with the aspects of the defendant's personality or conduct that otherwise would close off the relationship.
 
It is imperative that the defense lawyer avoid feelings and expressions of negativity or defensiveness that will be barriers to communication.  Guard against becoming insensitive to the defendant.  The defense lawyer should try to find the good in the defendant and maintain a professional demeanor in dealing with the aspects of the defendant's personality or conduct that otherwise would close off the relationship.

Revision as of 08:53, 8 April 2010