Archive for January 16, 2008

Show of hands – how many of you regularly read the latest opinions issued by your appellate and supreme courts?

That’s what I thought. I try to. Back when I hadn’t discovered that they were available on the website, I’d pass on the paper versions. But then when I found this thing called “Advance Release Opinions” on the judicial website, I became hooked.

Why, you ask. I’m a trial lawyer; I don’t have time for this appellate gobbledygook. I work in the trenches and we don’t need to know this stuff here. We need to know how to get a client a lower sentence and how to negotiate with prosecutors.

Sure, but unless you’re just winging it, that ability comes directly from knowledge of the law. After all, that’s what we’re supposed to be doing: Following the law. Appellate decisions interpret the law, apply it and sometimes, change it. You can use that to influence the prosecutor – explain to him or her how their case is weak and why they should make a better offer if they want to resolve it.

I can’t tell you how many times I’ve heard “we don’t deal with the law here” from lawyers in various courts in this State. Really? You don’t? Then what, pray tell, are you doing? Do you know what to do when your client doesn’t want to take the plea? Wants to withdraw it? Isn’t canvassed? Isn’t told that he’s being sentenced to probation? Is charged with attempted assault of a police officer? Do you know that a “no-arrest” condition as part of a Garvin plea might not be legal?

Listen, I understand everyone’s busy. I’m no great lawyer myself and I’m also pretty swamped. But realize that we are the only thing standing between the government and our client’s liberty. Be informed.

So please, take the time to read appellate decisions. They come out once or twice a week and take about half an hour to read. You don’t have to be like me, reading them at the first opportunity. If you’re a CT lawyer, in fact, you can even wait a week or two until the good folks at the Appellate Unit publish summaries for the rest of us [which you can access here, using the password they provided - if you don't have the password, shame on you].

The more you know, the better a lawyer you will be. I know how I’ve improved. For your client’s sake, you should do it too.