I don’t hate you, I just like it when you’re not around
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How essential is it to like your client? Is it important, even a consideration? Is it possible to like your clients? Mark Bennett wrote a few days ago about this topic. He noted the differences between civil practice and criminal practice:
Unlike Dan, most criminal lawyers are a) not representing companies; and b) not forming longterm attorney-client relationships. Our clients are people, and if all goes well they will never be in trouble again.
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It’s nice to like our clients, but I don’t think it’s crucial. What do you think?
I’d like to point out a further distinction: public defender and private practitioner. The private practitioner can actually choose his clients. He gets to meet with them, listen to their story, decide if he wants to take the case. Involved in that decision is an evaluation of the client’s personality. However minimal the impact a client’s personality has on the decision to represent him, I suspect it plays some role.
We public defenders have no choice. If it’s my arraignment day, you’re my client. I get whatever comes to me in the rotation.
Having said all that, I agree with his conclusion. It would be nice to like the client, but it’s not necessary. Our responsibility is to the client, his liberty and his Constitutional rights. Nowhere does it say that we have to like them. I would be lying, however, if I didn’t say that having a good relationship with a client makes my job easier.
It’s not that I wouldn’t work as hard for a client that yelled at me, called me a “public pretender” or accused me of being in cahoots with the State, it just wouldn’t be as much fun as working with the client that is nice, understanding and appreciative. It is human nature and as much as some don’t want to believe it, we are human too.
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This is not really a legal comment, but a moral one. Every last criminal defendant should be grateful that there are hardworking people that pay the bills for these guys to have legal counsel. Yeah, I understand that it’s their right under the Constitution (or at least how it’s been interpreted), but part of people’s hard-earned salaries go to pay for these leeches (I am, of course, referring only to the guilty). Perhaps, just perhaps, our society would be a hell of a lot better if criminals were embarassed about having our money appropriated for their defense. I know, it’s a silly thought, but you know, these jerks commit crimes and then get pissy about free counsel. I have very little sympathy for these people. Very little.
As a fellow PD I echo your sentiments. Most of my clients seem to test me at first sight. Trying to feel me out to determine whether I give a damn or if I am just collecting a pay check.
Luckily for me I work in a small county and have developed a strong reputation in the jail of fighting hard for all my clients. While my first encounter may not go well, I always close by asking them to, “Ask around about me and I will see them in a week.” Many times I have them coming back apologizing to me like the scene in Godfather II when the landlord finds out who Don Vito is.
I do this work because I love the fight. But I must admit, I am marveled when my client turns and hugs me after being sentenced to 10 years. I would like to believe that it is because they appreciate how hard I worked for them. but in all honesty I would have to say that its because I treat them with respect and dignity. Like a fellow human being.
[quote comment="5871"]I do this work because I love the fight. But I must admit, I am marveled when my client turns and hugs me after being sentenced to 10 years. I would like to believe that it is because they appreciate how hard I worked for them. but in all honesty I would have to say that its because I treat them with respect and dignity. Like a fellow human being.[/quote]
That’s the key.
Malum, your clients are indeed lucky to have you. Hopefully, your zeal has kept some innocent people out of jail.