a public defender

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Woman in Black writes of one of her least favorite conversations to have with clients:

the “I know you say you did not do it, I believe you, the evidence against you is not overwhelming, but you really cannot trust a jury to free you and maybe you need to think about taking this deal instead of risking the rest of your life” conversation.

She gives several reasons for not liking this conversation and first on the list is client distrust. If you tell the client that they have a decent case, then why are you telling them to plead guilty.

That’s why timing is everything. You need to have this conversation at the appropriate moment and precede it with several other conversations: the “this is the burden on proof” conversation, the “these are the elements of the charge” conversation, the “this is the evidence the state has” conversation and the “this is what you’re facing after trial” conversation.

You need to establish a relationship with the client before you have the “I think this deal might be best for you” talk. Don’t be like those lawyers that talk to clients on the phone for the first time with an accept or reject deal on the table. The client will not trust you. Then don’t act surprised when the client calls you a public pretender or says that you work for the State.

You also don’t want to go overboard and say that there’s no way the client can get convicted and then a month later counsel them on taking a plea deal. It doesn’t work that way.

You need to explain to the client the pros and cons of taking a plea deal (remember, it is their decision) and the best way to get the client to understand what is in their best interests is if the client trusts you. It takes time to build trust, especially for clients that have been in and out of the system.

So some simple rules: Be honest with the client, don’t overstate anything, never promise anything, create a relationship, visit the client and take some time explaining the case to the client. If you do that, more often than not, the client will trust you and trust your recommendation.