subject: Getting the Most Out of Your Relationship With Your Criminal Defense Lawyer [print this page] For your lawyer to best represent you, he needs your help and full cooperation. After all, no attorney can maximize your chances of an acquittal, negotiate a plea bargain, or even properly investigate the circumstances that led to your charges without your assistance. It is, after all, your case.
Tell Your Lawyer the Truth.
The rules of ethics present a dilemma of sorts for criminal defense lawyers. We need to know the truth so that we can make good decisions. At the same time, we are not allowed to present a defense at trial that we know to be dishonest. To a client with his freedom at stake, this ethical conundrum might be reason enough to withhold the truth. A client might sensibly ask himself, "What possible good can come from disclosing the truth if it constrains my lawyer's ability to fully represent me at trial?" But, a more informed client might ask himself, "Is it better to tell my lawyer the truth now, so that he might properly prepare himself and my defense, or let him find out at my trial, after he is hogtied by his earlier strategic decisions?" I want the truth from my clients, just like every other successful lawyer.
Keep Your Emotions Under Control.
Those accused of crimes are understandably unnerved by the enormity of the stakes. For the individual who is accused of a serious crime, the possibility of a lengthy prison term is frightening. For the professional or student, who may be accused of a relatively minor crime, the possibility of a criminal record derailing his career may be nearly as unsettling. Since anxiety and anger are two sides of the same coin, clients often angrily express their frustrations one moment and seek reassurance the next. Clients assume that his lawyer is obligated to listen to him vent. He's not.
When meeting or speaking with your attorney, give him a detailed, truthful account of the circumstances that led to the charges. Resist the temptation to express your indignation, your anger, or your anxiety. While a lawyer's responsibilities are many, he is not a therapist. Your lawyer can best help you if he understands the facts and he will best grasp the nuances of the circumstances if you speak with him as a professional. And fully grasping the facts is much easier for him if your recitation of the facts is free of distracting emotional outbursts, and expressions of disappointment, and demands of vindication. If you have strong feelings about your case or the charges, express them to a friend or a therapist.
Remember, your lawyer will speak to maybe five or ten clients a day. If he listened to each client vent his feelings, he would likely be wiped out emotionally and have precious little left to fight for them. It's in your best interests to have the man or woman you are counting on to save you from the abyss feeling emotionally strong, indeed indomitable, as he marches into court. Moreover, your attorney will appreciate you treating him as a professional and, as a result, will work even harder on your behalf.
Pay Your Legal Bill.
Perhaps nothing sours a lawyer/client relationship more quickly than an unpaid legal bill. Just as you would react with indignation to your employer failing to pay you, your lawyer is going to be none too happy if he has to chase you for payment. Running a law office is expensive. Your attorney or law firm pays rent, secretaries, paralegals, and a myriad of other monthly expenses. Like you, he counts on consistent income to meet his financial obligations. If you absolutely cannot pay your legal bills, inform your attorney of your financial dilemma as soon as reasonably possible. If you are honest with your lawyer about your inability to pay, he will likely work with you to formulate a payment plan acceptable to you both.
Getting the Most Out of Your Relationship With Your Criminal Defense Lawyer
