Public Pretenders

Pretenders


At the risk of talking myself out of a job or two, let’s clear something up immediately: Even though it doesn’t apply to me (because as long as I’ve practiced law, I’ve always been a private attorney), I hate the phrase “Public Pretender.”

I hate that people use it; I hate to hear it. It’s pointless, usually slanderous, and in almost all cases — except perhaps in Kings County, California, where it is said contract attorneys will lose their contracts if they upset the prosecutors in their black robes judges  – unwarranted.

I’ve never been a public defender. But when people ask, “Are you an attorney, or a public pretender?” my reaction is “a what?! what’s that?” I know exactly what they mean, of course, but I ask it in a tone that (I hope) communicates that I’m wondering if it’s some street performer, maybe a homeless actor or comedian.

And that I’m quite amused that there’s a name for such persons.

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A Criminal Defense Attorney’s “Job”

Babysitter


Recently, I won a medical marijuana case without even mentioning the words “medical” or “marijuana.” The experience, however, was anything but enjoyable and if I had known what I was getting into, I would never have taken the case.

It wasn’t the law of the case, or the issues involved, that made things difficult. It was the client. His point of view on “hiring an attorney” was that he paid good money for me. “Goddammit,” he frequently yelled, “I paid you; I’m the boss!”

But that’s not how hiring a lawyer works. Believe it or not, the “job” of a criminal defense attorney is not to do whatever his client wants, but to put on the best defense possible; to try to win the case. We’re trained for that. You’re not. That’s why you want us.

When I say, “You’re not” trained for that, I don’t intend to be mean or disrespectful to you. You’re also not trained to be brain surgeons. And, even if you were, operating on your own brain would not be wise. (The legal variation on this is “the attorney who represents himself has a fool for a client.”)

I’m writing this post because that client — whose case I won, remember — was not the first and probably won’t be the last who thought his payment of my fee meant that he got to call all the shots. I’m writing this post because, if you think that way, you’ll want another attorney. I’m not going to be as nice about this with the next person who tries calling me at 6 a.m., or 11:30 p.m., to question what I’m doing, try to force me to spend hours on the phone, and screams or yells obscenities to spice up the conversation.

When you hire an attorney, you’re hiring someone who has — allegedly — been through law school. Even a dumb attorney probably has learned more than your five-minute, five-day, or even five-month Internet search is going to teach you about handling your criminal defense.

If you disagree, represent yourself! That’s your right.

An analogy that pops into my mind is this: Can you imagine hiring a gunslinger in the Old West, but after hiring him, you decide you’re going to follow him around, help him draw the gun, hold onto his hand while he aims, and, with your finger over his, you pull the trigger when you think it needs to be pulled?

That’s just dumb. If you don’t want to trust the skills of the person you hired, either get another attorney, or handle your case yourself.

I’ve spent a lot of time working to get where I am. I went through years of school. I clerked under a good criminal defense specialist. I regularly pay good money for continuing education courses and consult with my peers — other attorneys who have done the same thing.

Do you really think your Internet education helps you better understand how to handle your case than my education and experience helps me handle it?

Then don’t hire me.

I’m a criminal defense attorney. That’s my job. If you want someone who can fight your case, call me.

If you need a babysitter, or someone who will do whatever you tell them to do, you’ve come to the wrong place.


Nothing New Under The Sun

Prague Astronomical Clock


There’s kind of an ugly fight going on in the world of law blogging — at least amongst the law bloggers whom I read and respect the most — and I’ve seen, as well as have tried to hold to, a kind of middle ground.

I’ve no idea if I’ve been successful at that, or not. Frankly, if I judged by the reactions I see out there, it’s either that I’ve not, or that the world really is more black-and-white, with  fewer issues, than my eyes see it. Maybe that’s why it takes me longer than 20 minutes to write a post and there are unfortunately longer pauses between them.

What am I talking about?

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The Reason for Probable Cause


I may edit this post later as I get the blog more fully developed. For years, I’ve blogged on political and other issues at Unspun™. For months — almost a year — I’ve pondered whether or not to develop a blog on this website, RHDefense, which I’ve used to advertise my services as an attorney.

Finally, I’ve decided that I want an outlet for letting potential clients read some of what I have to say regarding criminal law and criminal defense issues. My hope is that not only will I be able to help people learn a little something about their rights, but, obviously, I also hope to convince you that if you need a criminal defense attorney, I’m the best choice for you.

In this blog, I intend to bring out information about things I find interesting in crime news; I plan to talk about issues that seem important to me relating to criminal law, or criminal defense; and I hope to sometimes even inspire you to perhaps consider taking action in the political arena to help improve our criminal justice system.

For the next few days — possibly weeks depending on my case load — I’ll be working primarily to get this blog “blended in” to the rest of my website, so that it somewhat matches the “look and feel” of the rest of the place. However, I will try to keep posting. If you visit and the place looks a little funky, just remember: this work in progress began on April 6, 2008. Drop in from time to time and watch as it evolves.

Oh, and don’t forget to leave comments!

P.S. I’m also using different blogging software than I’ve used in the past. At Unspun™. and other blogs I’ve had, I always used MoveableType™; here, I’m using WordPress™. I don’t know yet how that’s going to impact the blog development.