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I don't envy Craig's attorney.

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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:14 PM
Original message
I don't envy Craig's attorney.
"Senator, let me see if I have this straight.
A few months ago you voluntarily confessed to this crime?
In effect, you gave the police a signed confession?"

"That's right."

"You weren't under duress?
They didn't beat you up?
They didn't even threaten you in any way?"

"No."

"Ohhhh...Kaayy....So now you want to hire me to do...exactly what?"

"Make it all go away?"

"Unh hunh."
:eyes:
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NanceGreggs Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:16 PM
Response to Original message
1. That's pretty much how it's gonna go ...
:crazy:
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ChairmanAgnostic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:27 PM
Response to Original message
2. au contraire. we are paid to give bad news straight up
Edited on Tue Aug-28-07 04:31 PM by antifaschits
first, you take a retainer.
Then you order all video, including this apology for pleading guilty. then you get the court file, the prosecutor's discovery package, and interview the police.
THEN, you sit your client down, and do a careful inquiry, because the one question you really want to ask, you can't ask. If you ask it, you are fucked.

for example.

DID YOU SIGNAL THAT COP FOR GAY SEX?
No, no, no!
WILL YOU TESTIFY THAT WAY ON THE STAND?
Yes, yes, yes!

The atty must withdraw at that time. He/she cannot represent a client they know will lie.

No, he will do the work up, and tell the senator the really, REALLY bad news.
If he pled in August, he has time to withdraw the plea, and ask for a trial. In most states, changing a plea may seem simple, but it is not. Just hiring an attorney will do litle to change the eventual outcome. It WILL piss off the prosecutor, the police and the judge, because something that went away with a negotiated deal becomes a microscope of that court, the judge, the system, the plea arrangement, the prosecutor, and more. Most people do not seek the spotlight, unless they are named Niphong.

the spotlight is very harsh, having been in it. I don't fear it, but I won't even cross the road to get into it again. This court, prosecutor and judge are now in it, and most hate it.
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monmouth Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:30 PM
Response to Reply #2
3. I'm impressed....Get that retainer first....very honest. eom
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ChairmanAgnostic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:32 PM
Response to Reply #3
4. always take the retainer first, except when I don't
i'd say 10% of my work turns out donated to poor because they cannot pay, and they have some serious issues they have to deal with NOW. Everyone deserves representation, if I am capable of representing them on their issue.
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monmouth Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:37 PM
Response to Reply #4
6. Good for you, really. Our family has always been fortunate in the
selection of good, hard working attorneys and I always cringe when I hear the nasty jokes...
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:39 PM
Response to Reply #3
7. Yep, because then they will take up your time and not pay you at all
It's tough being a lawyer. It's the only work you can do where people expect you to do it all for free, and still somehow pay the bills.

Imagine going to work and your boss just say, well I won't pay you this week.

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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:36 PM
Response to Reply #2
5. Son, I DO believe this ain't your first time at the rodeo.
Very good.
:thumbsup:

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ChairmanAgnostic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:49 PM
Response to Reply #5
9. thanks, I gots the gray to prove it, too.
For my next closing argument, I have printed out the text of South Carolina's belle at the ball who could not answer a straightfoward question with a decent answer. Not to read it to the jury, but to remind myself to keep things simple.
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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:51 PM
Response to Reply #9
10. That Miss Teen America thing? Surreal.
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karlrschneider Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:40 PM
Response to Reply #2
8. But can you imagine any competent counselor suggesting that a public trial at -this stage-
would be a 'good thing'? Seems unlikely to me...but one question: If they DID successfully manage to negotiate for a trial, would the (then) previous plea be allowed in evidence?
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ChairmanAgnostic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:52 PM
Response to Reply #8
12. unforunately, I can.
there are some who thrive in the spotlight, who seek newsie coverage, who use the press and TeeVee to manage and massage a potential jury - when actually, all they are doing is self-promotion, getting free advertising and making sure that their names are spelled right.

There are a few, very few, situations where pretrial fanfare and coverage are important and helpful. the Abu Grhaib and Gitmo trials are one example, and the entire Jose Padilla mess is another. Those defense lawyers have been great, despite a MSM that wants to bury the whole issue.
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Bake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:52 PM
Response to Reply #2
11. I think you have that backwards
Q: DID YOU SIGNAL THE COP FOR SEX?

A: Yes.

Q: WILL YOU TESTIFY TO THAT IN COURT?

A: No.

At that point, knowing the client will lie on the stand, the attorney must withdraw.

Bake
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ChairmanAgnostic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 04:54 PM
Response to Reply #11
13. either way, it is a question you don't ask.
I recently had a case where we had a videotape, and it looked bad, until in context, it all made sense and the prosecution's case went to dust. In that case, I did ask about every single step, gesture, act, etc.
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Bake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-28-07 05:02 PM
Response to Reply #13
14. Oh, I absolutely AGREE! You never ask that question.
I doubt Johnny Cochran ever asked OJ if he did it. If they tell you the truth and it's "yes, I did it," your defense is so limited - you basically can't put the client on the stand OR put on evidence you know is wrong. And if they insist on testifying, and they lie, and you know it's a lie, you have to withdraw on the spot (and everybody in the courtroom knows why you're doing it).

Bake
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