research on how defendants feel with their attorney.

In a study conducted, 35% of respondents identified a positive experience during the first encounter with their lawyers. Almost two thirds thought the experience was both negative and stress inducing.

Full Answer

What should a defendant's attorney know about the case?

At some point, defendants and their attorneys inevitably discuss the facts underlying criminal charges. An attorney needs to know about the case in at least some detail.

Why do lawyers defend their clients against the state?

However, there may be a superseding reason to defend a client against the state. They might, for example, feel that their client, as an individual person, is deserving of certain rights, no matter their actions.

Why do criminal defense lawyers advocate for the innocent?

In fact, that's a criminal defense lawyer's obligation—to always protect the constitutional rights of the accused so that those who are actually innocent won't be convicted. Zealous advocacy is also designed to force the government to honor our civil liberties, such as the right of suspects—innocent or guilty—to be free from physical coercion.

What is the role of a defense lawyer during a trial?

During the initial meeting with the defendant, the defense lawyer needs to fully explain to the defendant their respective roles and set out decision making responsibilities. It is the defense lawyer's job to counsel the defendant as to rights, strategy for presenting the best case and all applicable defenses.

What happens if a defendant waives the attorney/client privilege?

If a defendant decides against waiving the privilege, the defense lawyer may then assert the privilege on behalf of the defendant to shield both the defendant and the defense lawyer from having to divulge confidential information shared during their relationship. The attorney/client privilege applies only to communications between ...

What is attorney client privilege?

The attorney/client privilege is an evidentiary rule that protects both defense lawyers and defendants from being compelled to disclose confidential communications between them that are made for the purpose of furnishing or obtaining legal advice or assistance . The privilege is designed to foster frank, open, and uninhibited discourse between the defense lawyer and defendant so that the defendant's legal needs are competently addressed by a fully prepared defense lawyer who is cognizant of all the relevant information the defendant can provide. The attorney/client privilege may be raised at any time during criminal proceedings, pre-trial, during trial or post-trial.

Why does the defendant not follow the defense lawyer's advice?

The defendant will not always follow that advice because the defense lawyer has not taken the time to build a relationship at the beginning of the representation. The following are suggestions to foster the client relationship.

What does a defense lawyer do during representation?

At all times during the representation the defense lawyer must communicate with the defendant to keep the defendant informed about the status of the case. The defense lawyer should send the defendant copies of all significant correspondence and other documents to advise the defendant of any significant developments relating to the case.

How is an attorney/client relationship formed?

Formation of Attorney/Client Relationship. The attorney/client relationship is formed when the defendant seeks advice or assistance from the defense lawyer; the advice sought is within the defense lawyer's professional competence ; the defense lawyer agrees to render such assistance; and, it is reasonable for the defendant to believe ...

What is the crime fraud exception?

The crime-fraud exception is one of the oldest exceptions to the attorney/client privilege. The attorney/client privilege is ultimately designed to serve the interests of justice by insulating attorney/client communications made in furtherance of adversarial proceedings. The attorney/client privilege does not extend to communications made in connection with a defendant seeking advice on how to commit a criminal or fraudulent act; or a defendant's statement of intent to commit a crime. In nearly all jurisdictions defense lawyers can be compelled to disclose such information to a court or other investigating authorities.

What are the duties of a defense lawyer?

Defense Lawyer's Duties to Defendant. The defense lawyer is obligated to hold strictly confidential all conversations and other communications with the defendant, including all information which the defense lawyer receives from the defendant during the course of representation. The defense lawyer must pursue the representation conscientiously ...

How did Lichtman become friendly with Gotti?

Lichtman became friendly with Gotti by discussing family; Tritico found McVeigh to be amiable. “I wanted Tim to like me and I wanted to like him,” he says. “I wanted him to trust my decisions. It doesn’t happen every time, but the vast majority of the time, I like them.”. 3.

What does Lichtman do in court?

Once in court, Lichtman focuses on finding the one person in the box of 12 to connect with. “I look up the backgrounds of jurors,” he says. “I’m looking for anything in the background I can exploit in order to tailor my summation to something that’s happened in their lives.”

Why does Lichtman say I don't mind this new mindset?

"For me, I don’t mind this new mindset because I play into juries’ natural skepticism in my theory of defense. I exploit the facts that seem impossible to believe, even when true, and beseech the jury to use their common sense gained from a lifetime of experience. And TV watching."

What does it mean to keep tabs on a jury?

THEY'RE ALWAYS WATCHING THE JURY'S BODY LANGUAGE. Keeping tabs on a jury means being able to assess which direction they’re leaning. Lichtman says body language can tell him a lot. “You can feel how a trial is going,” he says. Jurors who laugh or smile at his jokes are on his side.

How long was Tritico's sentence?

Despite Tritico’s advice to take a plea bargain, the man took his chance at trial—and lost. His sentence was 40 years. “I was looking at the jury as the verdict was being read and felt something moving,” he says.

When quizzing would-be participants, Lichtman talks fast: "I’m speaking a-mile-a?

When quizzing would-be participants, Lichtman talks fast: "I’m speaking a-mile-a-minute, looking to get the potentially problematic jurors to either knowingly or unwittingly expose their natural biases so that I can get them kicked off the panel for cause. The jurors who I think can keep an open mind or are anti-police I will not question at all, because I’m afraid they’ll reveal those biases and get struck by the prosecutor when he uses a peremptory challenge [an objection to a juror]."

What is voir dire?

Examining a potential juror, known as voir dire, is an art. Both defense and prosecution want people in the jury box who can be swayed, though circumstances are usually stacked against the defense. "The jury is coming in ready to convict, as no one generally supports crime," Lichtman says.

What is the last personality disorder?

The last ‘type’ that comes to mind is a person who may suffer from something like Narcissistic Personality Disorder . If their sense of worth comes from their professional record, they may be obsessed with winning cases or beating their competition (the prosecutor). In a person like this, the client’s guilt may be immaterial to them as the only goal they’re focused on is ‘winning’. That said, I think that they’d be less likely to take on a client who is obviously guilty because a loss in court could blemish their record. I.e. it has nothing to do with personal morals/ethics and everything to do with their reputation as a successful attorney.”

Why do lawyers defend their clients against the state?

They might, for example, feel that their client, as an individual person, is deserving of certain rights, no matter their actions. Or they may feel that when compared to the actions taken by the state, which are taken as de facto legitimate, the actions taken by their client are of a lesser degree.

How long was Glenn Ford on death row?

The innocent man in question, Glenn Ford, spent three decades on death row before being released after his conviction was quashed. To make matters worse, after being released, Ford was diagnosed with terminal cancer and was denied compensation for his time in prison.

What percentage of lawyers prefer to make decisions based on detached objectivity?

They concluded that 78% of lawyers (link) prefer to make decisions based on detached objectivity rather than taking into account personal feelings or values. This might seem the most reasonable approach to take to ensure a fair and effective justice system. After all, everybody is entitled to receive a fair trial.

Who is Marty Stroud?

There are many heroic defense lawyers out there doing tremendous work; there will be many ethical and unethical prosecutors as well. Take, for example, Marty Stroud, who prosecuted an innocent black man in the 1980s and sought the death penalty for him too. The innocent man in question, Glenn Ford, spent three decades on death row before being released after his conviction was quashed. To make matters worse, after being released, Ford was diagnosed with terminal cancer and was denied compensation for his time in prison. In the original case, Stroud failed to provide evidence to the defense that would have helped Ford’s case. Stroud now says that he was more interested in winning than justice. Stroud has since apologized and intimated that he feels haunted by his part in Ford’s conviction.

Who is Jamie Flook?

Jamie Flook (@FlookJamie) has written for numerous publications and websites such as Popular Science, History Revealed, The Humanist, Boing Boing, The Huffington Post and many more.

Did Stroud provide evidence to the defense?

In the original case, Stroud failed to provide evidence to the defense that would have helped Ford’s case. Stroud now says that he was more interested in winning than justice. Stroud has since apologized and intimated that he feels haunted by his part in Ford’s conviction.

What is a Martindale Hubbell rating?

Martindale-Hubbell® Peer Review Ratings™ are the gold standard in attorney ratings, and have been for more than a century. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice.

How to sign a retainer agreement?

If you signed a retainer agreement when your hired your lawyer, it may include specific duties that you owe your lawyer. Because the retainer agreement is a contract, you are legally bound by its terms. In general, clients have the following duties: 1 Be truthful with your lawyer. 2 Cooperate with your lawyer and respond to requests for information in a timely manner. 3 Attend meetings and legal proceedings, such as a deposition or mediation. 4 Be courteous to your lawyer and his or her team. 5 Don’t ask your lawyer to do anything illegal or unethical. 6 Pay your legal bills in a timely manner.

What happens if a lawyer violates the rules?

If your lawyer violates these rules, he or she can be disciplined or even face a legal malpractice suit.

What are the rules of professional conduct?

Each state has its own ethical rules for lawyers, called the rules of professional conduct. When lawyers fail to live up to this code of conduct, the state disciplinary board can take action against them—from a simple warning to disbarment (losing the license to practice law forever).

How is client review rating determined?

The Client Review Rating score is determined through the aggregation of validated responses. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals.

How to be courteous to a lawyer?

Be courteous to your lawyer and his or her team. Don’t ask your lawyer to do anything illegal or unethical. Pay your legal bills in a timely manner. These duties are often implied as part of the attorney-client relationship, even if you didn’t expressly agree to them in a retainer agreement.

What is attorney-client privilege?

When you seek advice from an attorney about a legal matter, your private communications with your lawyer are protected by the attorney-client privilege. This means that your lawyer cannot reveal any information that you disclose to him or her in confidence, unless you give your express permission.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

Why don't defense lawyers want to know what the client did?

Some defense lawyers don't want to know what the client did and didn't do, so as to avoid being boxed into a particular version of events. Those who don't want to know precisely what happened probably have in mind ethical constraints. They cannot ethically (or legally) offer evidence that they know to be false.

What is the duty of a defense attorney?

A Lawyer's Duty. A defendant admission of guilt to a defense attorney doesn't necessarily mean that the case won't—or shouldn't—go to trial. For example, a defense attorney might advise a "guilty" client to go to trial because: the police or prosecution violated the client's rights—for instance, through an improperly suggestive lineup.

What do lawyers want to hear?

On the other hand, many lawyers want to hear from their clients exactly what happened. They typically encourage their clients to be truthful for the sake of crafting an effective defense. Only that way can the defense attorney know what will—and won't—work. For example, a lawyer representing a woman charged with killing her boyfriend might want to know everything that happened both during the incident and throughout the course of the relationship. If the client admits to her lawyer that she killed the man, but describes tremendous physical and emotional trauma she previously suffered at his hands, the lawyer may be able to present a convincing defense based on the history of abuse.

What does an attorney need to know about a case?

An attorney needs to know about the case in at least some detail. Otherwise, the lawyer can't effectively advise the client about the viability of going to trial and any theories of defense (for example, self-defense or someone else being responsible). With the client's information and the prosecution's discovery, ...

Why is zealous advocacy important?

In fact, that's a criminal defense lawyer's obligation—to always protect the constitutional rights of the accused so that those who are actually innocent won't be convicted. Zealous advocacy is also designed to force the government to honor our civil liberties, such as the right of suspects—innocent or guilty—to be free from physical coercion.

What is an example of a criminal prosecution violating the client's rights?

the defendant is guilty only of lesser crimes that the prosecution has charged—for example, assault, but not assault with intent to commit great bodily injury.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What does it mean when a defendant calls his attorney?

A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

What are the ethical obligations of a lawyer?

Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.

Do attorneys have to keep clients informed?

The duty to keep clients informed rests on attorneys, not clients. But on the theory that if the attorney screws up it's the client who usually suffers, here are a couple of steps that defendants can take to try to secure effective communication with their lawyers: