By: Depends on what “money” means | a public defender

Depends on what “money” means | a public defender — Thu, 17 Dec 2009 16:33:09 +0000

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By: Bill Thompson

Bill Thompson — Thu, 17 Dec 2009 15:44:41 +0000

As a career PD, I’ve long ascribed to the belief that one of the advantages of this occupation is the more “genteel” practice of law. When counseling a client, we’re not preoccupied by the inherent conflict of representing a person who owes us money. I can’t imagine having to advocate for clients, vouching for their credibility and putting the best possible face on their situations knowing the person has lied repeatedly about when the remainder of my fee will be paid. There’s also the phenomenon of fees being based not on the worth of the effort put forth, but “what the traffic will bear.” I’ve heard many of my colleagues in private practice “joke” that the best client to represent is a scared rich guy. Such a client is ostensibly used to the concept of being paid more than they’re worth such that the quid pro quo seems wholly reasonable. Moreover, given what they have to loose, they’re willing to part with a great deal of it to keep the rest. (Money doesn’t do you a whole lot of good when you’re sitting in prison.) In my experience, the rich, though convicted, continue to be viewed as stable, contributing and successful members of the community, more prone to get a break from a judge than some homeless wretch. I’ve overheard many judges who inquire of private counsel prior to sentencing their client, “Are you retained or appointed?”, as if that should have anything to do with final disposition. But it does and in that regard, their accumulation of wealth continues to serve them well. In fairness, I have also encountered several (I wish I could say many) private attorneys who take on indigent cases and contribute their own money for investigation, expert witnesses and the like, driven by their sense of commitment and professionalism. It actually costs them money to represent their clients. Given these realities, I like to think a kind of Robin Hood-esque fairness plays out. Take from the rich and give to the poor. When you live in a country based on “money talks and bullsh#t walks”, why would be expect our criminal justice system to be any different…

Comments on: What’s a little money between friends?

By: Depends on what “money” means | a public defender

By: Bill Thompson