"Then what is it," the judge asked.
I turned toward the defendant who was pulling the handcuffs into his waist so that the chain didn't land on the table. He leaned into the microphone again, making a crescent in his orange jumpsuit.
"I just want a new attorney. Someone other than Mr. Smith."
"Okay, why not Mr. Smith?"
"I just don't want to bash him. He's a good guy, trying to do the right thing. He just don't even know some things that I told him."
I had a long history with Mr. Smith. He's one of the most respected attorneys in the area. I was sitting ten feet from where he was standing and cringing as his client was about to use him as an excuse in front of the judge.
"Like what?"
"Like this appeal thing. This article 78. He didn't know about it or think we would win."
"You didn't win. He was right. The Appellate Division said there was no merit to the claim and wouldn't even allow him to submit paperwork on it."
"But, he just don't be doin what I tell him."
"His job isn't to do what you tell him. It's to provide you with representation. You are working with him and that's great. He just can't go filing paperwork that has no chance of success or make frivolous arguments because you want him to. Because you want to delay the trial."
"Yeah, but. I just want to have a new attorney."
"No. He's the best in the county. You have the right to an attorney, not to the attorney of your choice."
I nodded in agreement. These are the moments I'm confident I cannot be a defense attorney. Even when you are one of the most respected attorneys and provide accurate advice, it might not matter. A defendant who wants to delay proceedings or blame someone else, usually blames their attorney first. Now the defendant will start bad-mouthing him to all of his friends and that might hurt his relationships with other clients.
This was the third such attempt the defendant had made to get rid of his attorney, even trying to represent himself at one point. To his credit, the attorney told the court and his client that he would continue to work with him and that they had very good communication. Most attorneys would just get fed up and jump at the chance to get off of a case with a difficult client like this one. This attorney was older and wiser and realized this defendant needed him to fight these serious charges.
The court kept the attorney on and he worked out a fantastic deal for his client that would never appreciate it.
This was the third such attempt the defendant had made to get rid of his attorney, even trying to represent himself at one point. To his credit, the attorney told the court and his client that he would continue to work with him and that they had very good communication. Most attorneys would just get fed up and jump at the chance to get off of a case with a difficult client like this one. This attorney was older and wiser and realized this defendant needed him to fight these serious charges.
The court kept the attorney on and he worked out a fantastic deal for his client that would never appreciate it.
I am glad you feel our pain. At the same time, I am sure that judges see this all the time.
ReplyDeleteMy brother-in-law, a former Assistant U.S. Attorney here in D.C., tells the story of watching the best criminal defense attorney he has ever seen being dressed down in open court by a client who was unhappy with the outcome.
I remember seeing a client fire one of the best defense lawyers in Philadelphia who occasionally took court-appointed cases so that he could hire some nervous young guy in a nice suit none of us had ever seen before. The judge tried to talk the defendant out it, and the rest of us sitting in the gallery were all cringing at the thought: You are firing so-and-so? And you could have had her represent you for free?
I would never take it personally. Nor would I worry that anyone whose opinion I care about would think less of me for it.
Nice information. Its really hard to find Best Lawyers when you just have trapped in a serious case.Most attorneys would just get fed up and jump at the chance to get off of a case with a difficult client like this one. This attorney was older and wiser and realized this defendant needed him to fight these serious charges.The court kept the attorney on and he worked out a fantastic deal for his client that would never appreciate it.
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