Do you have to like your client?

As criminal defense lawyers we don't always represent the nicest of people. Some of them are difficult to get along, and want to fight you at every step. Many lack basic social skill - that is usually why they are in your office in the first place. Despite all that I generally like almost all of my clients; when you get to the bottom of their problem, it often is an otherwise good person who made a bad decision. Of course, getting to the bottom of things often takes time and effort.

The reason why I started thinking about this arose out of the Cameron Todd Willingham case. Except for a few people, most people who have looked at that case now believe he is innocent. One of those few people is one you would not expect - his trial lawyer. He has described him as a sociopath, and still believes he is guilty. It's pretty clear he didn't like him.

Todd's lawyer is not the first to think his client guilty - although his conduct may be to the extreme. The fact is, most defendants are guilty of something. The truly innocent client is rare, and one most lawyers dread getting because of the enormous burden you carry with you. Even if you know you're client is guilty, that doesn't mean you don't give them the best defense possible. The State already  has a prosecutor aimed at convicting them, and they don't need any help. If you are not prepared to make the State do its job, and do everything you can for your client, you need to do something else; maybe something that doesn't involve people's futures.

Do you have to like your client to effectively represent them? Not necessarily, although its nice when you do. Good criminal defense lawyers are passionate about something else; you can call it justice,  or something else, but they are passionate about making sure the system works, and the letter and spirit of the constitution is put into effect. That is why good lawyers can represent the people who society considers the most reprehensible.

Effectively representing someone means more than knowing the law though. You also have to know your client. There's a reason why they are in the position they are in, and you need to find it. In doing so, you usually discover they are not the person the State is portraying them to be. And yes, you might even start to like them.

It always find  it odd that people who are fond of saying "hate the sin, love the sinner" don't apply that to criminal defendants. Society, with a lot of help from the prosecutor, is quick to jump all over something who does something bad. Their lawyer shouldn't do the same; they have a story to tell, and its the lawyer's job to tell. You don't have to like what they did - there's probably something wrong with you if you do - but you do have to find the reason why did it. Hopefully its something other than that they are sociopath.

So you don't have to like your client, but it helps if you do. After all, it is you and him (or her) against the government.

When judge becomes defendant

It's not surprising that the blawgosphere is buzzing over the ethics complaint filed against Sharon Keller of the Texas Court of Criminal Appeals. Both Scott Greenfield and Mark Bennett have weighed in on the issue. Grits collects some of the numerous editorials that have come out. As you would imagine, no one is coming to her defense.

The complaint contains additional details that were not well known. We knew that she instructed the clerk's office to close at 5:00, even though she knew MIchael Richard's lawyers were planning on filing a request for stay. Some of the other facts are truly outstanding, and show the mentality that is far to common among criminal court judges.

It appears a little thing someone's life wasn't going to get in the way of really important things; she had to go home to meet a repairman. After all, everyone would want to make sure everything in her house was working properly. Some of the justices were actually taking their job seriously; they stayed late to review the anticipated filing. They were never told that the clerk's office had been closed, and nothing could be filed. Apparrently they expressed their surprise the following day, and were never told what had happened. This included Justice Cheryl Johnson who actually had the responsibility of ruling on Richard's requests.

That conduct illustrates an extreme, that in lesser measure is far too common; judges don't see defendants as real people, with real families. They are viewed as defendants - convicted criminals. No matter what they have done, they are still people, and deserve some respect. That respect at a minimum should include actually reviewing their case before making a decision. It also includes putting your job ahead of your personal interests. I firmly believe that we will be judged by how we treat the least among us; that includes people like Michael Richard.

Justice Keller is now basically a defendant. Although criminal charges are not a possibiity, these proceedings will determine her future. I'm reasonably sure she wants to be treated with respect; she probably expects more because of her position as a Justice on the Court of Criminal Appeals. She will probably get a full and fair hearing. No one is going to close the office, or go home early. Everyone will bend over backward to ensure she is treated fairly. She will probably get the benefit of every right she is entitled, even those she thinks defendants shouldn't have. Fortunately for her, she will probably get to exercise the very rights that she has voted to extinquish - rights like due process, confrontation and even the presumption of innocence.

Fortunately for society its rare for a judge to become a defendant. When they do, I'm sure their perpective. All those rights they think should be limited suddenly become important. We will have to wait and see what happens - I have no idea. One thing I do know t hough; I doubt there are many people in the Texas Department of Criminal Justice that are upset about what is happening.