Answer: It depends! (Okay, I’ve been a lawyer for 30+ years)  Here’s the best lawyer money can buy.

The idea that money can get you the best defense lawyer to get you out of trouble is prevalant among people. It can be true, but for reasons you may not know. Here’s why–

I’ve tried over 100 jury trials, both as a prosecutor and defense lawyer, and with the exception of an occasional quirky, run-away jury, they usually get it right. They aren’t susceptible to “smoke and mirrors” from the lawyers. In my experience, juries focus on the evidence, as they should, rather than on the flashy, expensive lawyers. This means, no matter how good your lawyer is, if the evidence against you is overwhelming, you’ll probably be convicted.

What a good defense lawyer can do is to exploit any weaknesses in the evidence.  So, who is the best lawyer money can buy and why do the “famous” lawyers seem to be better than others?

Actually, as day-to-day lawyers for accused people, Public Defenders are the best. They practice nothing but criminal law, know the intricacies of the system, and know all the tricks that will work with the judges. So why don’t Public Defenders win most of their cases?

They have a couple problems to overcome. For one, they cannot choose their cases. A private lawyer, regardless of pay, can always turn down a “loser.” Public Defenders must handle the worst cases with the least defenses before juries. Of course, they’re going to lose often as a result. Probably no lawyer could win these kinds of cases.

Second, since they’re representing poor people, it’s easier to convict these defendants. Why? Because the juries, for the most part, are middle-class people drawn from the community. If the defendant is working, has a family, dresses well, and has an education, the jurors can identify with that defendant, to some degree. Public Defender clients, by definition, don’t have any of the above advantages. They often even look like criminals. (Well, they are, aren’t they?)

As a prosecutor, one of the toughest defendants I tried to convict had been a US Air Force veteran, had a full time job, had a college degree, came to court everyday with a blue suit and his wife, who sat in the front row. He was good looking and sounded intelligent. The jury acquitted him. Conversely, most Public Defender clients don’t look this way at all.

Does that mean the more expensive defense lawyer is the best lawyer money can buy? Sometimes, it could be true, particularly if the lawyer uses some of the fee for investigation, both on site and scientific.

Regardless, each lawyer must deal with the evidence against his/her client. If it’s weak, many lawyers could prevail. If it’s overwhelming, it’ll be tough for all defense lawyers.

What do you think? Have you had any exeriences good or bad?

The post Here’s the Best Lawyer Money can Buy! appeared first on Colin T. Nelson.

1.  Both side use investigators.  Criminal cases are initially investigated by the police.  Prosecutors often need more information before charging a suspect.  Or after the case is heading for trial, new evidence may pop-up that needs more investigation.  Things like subpoenas need to be served to get witnesses into the trial.  On the defense side, investigators are used to interview prosecution witnesses and look at crime scenes.  For instance, if the defendant has an alibi (“I wasn’t there to commit the crime.”) an investigator will interview witnesses to support the alibi.  Or he may gather documents that show the defendant was not at the crime scene.
2. Law clerks.  Both sides need law clerks to do legal research before and during the trial.  Often, the clerks will sit with the lawyer in trial to help with legal issues that may come up about the admissibility of  evidence that the judge needs to rule on, procedural questions, or constitutional issues.
3. Victim/Witness advocates.  Prosecutors have people trained in psychology, social work, etc. to help victims and witnesses prepare for trial.  A typical example is a child sexual assault victim.  The Victim/Witness advocate will counsel with the child and offer other resources if necessary.  They would also take the child to the courtroom (prior to trial) to acquaint them with it and practice their testimony so the child is more relaxed when she must testify.
4. Dispositional Advisors.  Public Defenders across the country use these people who are also trained like social worker and probation officers.  They assist the defense lawyer in helping get the client into rehab programs either prior to a trial or during the probationary stage of the case.  Since they work for the defense, they will do everything they can to help the client get the best deal.  So often, the client is clearly guilty and the biggest part of the case will actually be the punishment/probation aspect instead.

People don’t realize how much these unknown people help prosecutors and Public Defenders.  Those of us who have worked on both sides know this and are grateful for their help!

The post Who Helps Prosecutors and Public Defenders? appeared first on Colin T. Nelson.

At first, it seems obvious we need to support the prosecution function. After all, if the police arrest suspects and there aren’t enough prosecutors to handle the new cases, it means some criminals will slip through the cracks caused by the over-burdened prosecutors. I’ve never heard anyone suggest our communities get “soft on crime,” or cut-back on the effort to catch and punish criminals. With local budgets stretched tight, many counties are reducing the amount of money they devote to the prosecutor’s office–a bad idea.

At the same time, I’ve often heard the sentiment that criminals should be “locked up and the keys thrown away.” That make it harder to consider funding the defense function equally with the prosecution. What politician wants to be on record as giving more money to the defense so that they can help “get more criminals off?”

The argument about not funding the defense function as much as the prosecution forgets a couple things: of all the people accused of crimes, there are always a few who are…innocent. If we don’t continue to fund a defense function that offers equal skill as the prosecution function, we as a community run the risk of more innocent people going to prison. Or as Martin Luther King Jr. once said, “When you do it to the least of the population, you do it to all of the population.” If we short-change the vigorous defense of even the least of the criminals, we short-change our entire criminal justice system. If we continue to do so, who will get equal justice? Only those with enough money to hire their own lawyers. All other Public Defender clients will suffer, as will our system of justice.

After working for years on both sides, prosecution and public defense, I can also tell you that without good public defenders the system will suffer in a more subtle, practical way.

Defense lawyers are the parts of the criminal justice system that “make the wheels turn.” Not the judges, police, prosecutors, or probation officers. Well trained lawyers in a public defender office know how the court system works and are often the best criminal defense lawyers. That also means they can make the system work more efficiently and quickly–without compromising their client’s rights.

In the long run, that saves the taxpayers a lot of money.

Across the country, there’s talk of cutting-back on the public defender funding–I know I’m biased, but for these reasons, it’s a bad idea.

The post Justice Jeopardized appeared first on Colin T. Nelson.