Making sure the Lawyer you hire is who actually shows up!
In many criminal cases, defendants face a variety of negative potential consequences. Some of the potential things a defendant may face include incarceration, loss of driving privileges, bail, fines, costs, missing days of work, community service, lengthy probation, loss of insurance, and for some even losing their job.
- Any one or more of these can cause great stress; many clients when I first meet them tell me that their biggest worry is just the uncertainty of what can happen and what will happen. They may feel embarrassed, ashamed, fearful, and full of dread. They are seeking security, comfort, and honest answers, not a sales pitch.
- Imagine a person with no prior experience in the criminal justice system. They seek out an attorney to represent them. They contact a particular attorney. They speak with this attorney and develop a feeling of trust in their knowledge and capabilities and decide to hire them. A couple weeks later they are in Court looking for their attorney, suddenly a much younger attorney walks up to them, and says they have been sent to handle their case today. This new attorney may mispronounce their name, and then hurriedly ask them questions they should already know. For the defendant they are now starting over in this critical relationship with a totally new attorney.
Understanding Why the Right Representation Matters
They thought they hired that nice person they spoke with a few weeks back to show up at Court. Instead, a far more junior attorney who they have never spoken with is suddenly handling the most stressful thing going on in their life. Immediately they worry if this person is as knowledgeable and capable. Do they know all the details of my case? Do they know
the strategy that I discussed with the more senior attorney? They may at this point feel like a bait and switch has occurred. They paid for one thing but seem to be getting something very different. This can get even more complicated through multiple court dates and appearances. What if the junior attorney handles several appearances, then suddenly a totally different attorney does the next appearance. Then yet another different attorney appears at the next one. I call this attorney roulette, because who appears may seem random like the spin of a roulette wheel. Some spins can be good and some not so good. It all adds to the stress that a client could unnecessarily feel.
- Ensure all Court Procedures are FollowedWhile systems can be created by attorneys to document and keep track of a case in these circumstances, still issues will occur. While a person’s case is working through the Criminal Justice System, there is an abundance of information that a Defendant needs to know. Things like how to get your bail interview done, proper court attire, where to sit, how early to arrive, and explanations of Court programs and requirements. With attorney roulette, at every spin a random new attorney shows up, each subsequent attorney may assume the prior one provided all this information.
- For example, in DUI cases in Pennsylvania you need to complete the CRN evaluation prior to sentencing. In many different counties you must also complete the CRN evaluation prior to consideration for a diversionary program. Failing to complete the CRN prior to sentencing can cause an unnecessary delay in a person’s case and result in admonishment from the judge for not following the rules.
- Failing to complete the CRN evaluation in a timely manner could result in being denied entry into a diversionary program, resulting in an avoidable conviction. You could even in some counties receive a shorter probation period or less community service if certain conditions are met prior to admittance into a diversionary program like ARD.
“With attorney roulette some Defendants may not get all the information they need to understand what is next for them.”
Alternatively, each new attorney might repeat all the information to the Defendant over and over, making them wonder if the attorneys even tell each other what they already said or did. With multiple attorneys things can also be said differently and as the information is filtered through the other attorneys it can result in the Defendant feeling like an unwilling participant in a game of telephone. This just adds even more to a Defendant’s feelings of anxiety and concern.
- My personal belief is that any person who speaks directly with me and hires me to represent them, deserves to be represented by me. Otherwise if they are not the attorney who will appear, they must introduce you to the other attorney and make sure you are comfortable with their abilities. This must be done prior to being hired and paid, because the client deserves to be able to make an informed decision. If an alternate junior attorney is going to handle the case, they need to know them and speak to them to truly make an informed decision. To simplify, an attorney must disclose up front if they or someone else will appear in court.
Representation Fails to Appear
There are times when an attorney is unable to appear due to unforeseeable circumstances, whether it be due to illness, emergency, or similar it may require an alternate attorney to appear.
At the last minute sending an alternate attorney is not ideal but may be required, especially for time sensitive hearings, like a request to have a Defendant released from custody. In those instances, the original attorney should contact the client and honestly explain why an alternate attorney is being sent for this single hearing. Afterwards, the two attorneys should review together everything that occurred, and the original attorney should at their earliest discuss everything with the client. If an attorney takes on too much work and routinely overschedules that is not normally an unforeseeable circumstance.
“ Each client is unique- a totally different person with their own concerns, emotions, recollections, and potential issues.”
Why having an Attorney that Understands you is Crucial!
- The importance of having an attorney that you know understands you, not just your case, but truly understands the facts and issues that your unique case might involve is something that cannot easily be done in a brief conversation in the ten minutes prior to the start of court.
- Every case is different, and even if the facts are similar, the people are different. Each client is unique- a totally different person with their own concerns, emotions, recollections, and potential issues. I believe in taking my time with a client during the hiring process and in each subsequent conversation prior to ever stepping foot into the court with them. I will routinely talk for over an hour with a new client, seeking to better understand everything about their case.
- At the end of that conversation, I tell all new clients to contact me with any questions, concerns, or any clarification needed and how to reach me directly. Even if we already discussed something, many clients receive all sorts of questionable advice from non-attorney friends and relatives. If a client has a concern, I am always just a phone call away from helping alleviate that concern.
- Avoiding attorney roulette is beneficial to not just the client. It is always better for an attorney to know as much as possible about the winding journey that a defendant’s case has traveled. As each stop along the way both the client and the attorney learn from each other and from the journey about how best to navigate the path forward.
Writing by:
John Gentry Esq
Gentry Firm
Delaware County DUI Lawyer
Mongomery County DUI Lawyer