testing the waters

I had a trial today. (Actually, my client had a trial. I just orchestrated the defense.) I decided to do a bench trial. With some judges, I agonize over whether to do a bench or jury trial. I go to each of my more experienced colleagues' offices, give them the short version of the facts and ask what they would do. One guy always says, "Bring me twelve!" unless there is an obvious reason to bench (like the judge already told me "this isn't a kidnapping").

The case up for today was in front of a relatively new judge, a former prosecutor who had been at the civil court for a while. My office doesn't have much experience with him. Because the case today was a low level felony (carrying concealed weapon), I felt the unspoken pressure that it is impolite to demand a jury when the worst that will happen to the client is probation (and a felony record, of course). I don't want to be known as a pain in the ass for unnecessary reasons.

One colleague said I should bench just to see what this judge is like for bench trials. That makes sense for the office, but not for the client. I wanted to do what was best for him (he said I could make the decision). I don't think it is fair to use him as a guinea pig. (Though, all clients at the beginning of a trial lawyer's career are guinea pigs. A judge kindly told me when I started that all practice in the first five years of trial practice is malpractice.)

Anyway, I benched and the judge found the guy not guilty. I was sure he was going to find my client guilty until he got to the last two sentences of his ruling. So, the lesson is that the office can trust this judge with bench trials. Of course, judges know that if the defender office decides it can't trust them with bench trials, their dockets are going to get jammed with jury trials. I think that played a part in the case today.

Getting played

When I was walking from my office to my car today, a man approached me. I knew he was going to ask for money. I always try to acknowledge people who ask for money even if I don't have anything to give them. But this guy wanted to tell me a story about the bind that he and his wife were in. He said that he was sure that I had heard it all and started to say that they needed to get on the bus. I thought that he had no idea how much of it all I have heard. I also saw that they had fastfood bags and were drinking soda. I just said sorry and kept walking- I didn't even have the patience to give them a chance to convince me that they were truly in need. I think my clients have tried to play me too many times.

I always feel bad when I don't help people but there are too many desperate people in this city. I try to limit my change giving to obviously mentally ill, disabled or elderly folks. I admit that I am biased toward giving to women. I assuage my middle-class, white guilt by reminding myself that I don't make much extra money as a lowly public defender.

Good result

Client showed up for trial- 30 minutes late, but before the courtroom opened. Client agreed to waive the jury. The only issue was whether client possessed a gun while he was selling drugs. It was found in another room, in a closet. The prosecutor was very cool- he agreed that my client should not be charged with the gun, but could not dismiss the count on his own. So he didn't even call the officer who found the gun. The two officers he did call were just to establish the drug dealing. NG on the gun; G on the drugs. Great outcome for my client. Conviction for Mr. Prosecutor. Ten minute trial.

I'm reading "Courtroom 302" now. A case like the above makes me wish we had Chicago-style stip trials.

Waiting for a client

I don't know about you, but if I had a trial scheduled for, say, tomorrow, I would think that meeting with my attorney would be rather hight on my to do list. I've scheduled three meetings in the last month with this client. He hasn't shown up for any of them. He called me today an hour after we were supposed to meet to say he was on his way as soon as his daughter got home. Now it's three hours later. I guess we'll have to hook up in the minutes before his trial in the morning. I left him a message reminding him to show up at 8:30 a.m. and not to drive himself to court because it is likely that he will be remanded tomorrow.

It's so much easier to communicate with clients when they are in jail. At least I know that they will show up for their trials and I just have to walk across the street to meet with them.