Yesterday, after court, I had a chance to overhear the judge pay me a great compliment. The judge explained that he thought I was a good attorney because unlike one third of the attorneys that appear before him, I am not just spouting what my client wants me to spout.  He remarked that I often have an insight into the case that requires that he (the judge) actually listen to what I am saying when I speak on my client’s behalf.  I thought it was the best compliment that any judge could pay me, because it confirms that the manner in which I practice law is appreciated.  Unlike some attorneys, I do charge a consultation fee.  I charge the fee, because it takes time to listen.  When clients schedule an appointment, they come with anxiety, fear and their own biased perception of facts and/or events.  If I am actually listening and not trying to promote myself in order to secure my retainer fee, it will take time to discern the problem, and the best possible solutions.  Typically it will take about an hour, but sometimes it takes three or four hours.  I have learned that when it takes three or four hours, it is primarily because all of the previous attorney have failed to spend the 

time necessary to listen and understand the client’s issues. Unlike some attorneys, I tell the client what I think is wrong with his story, his perception and maybe his character.  Advocacy is not the same thing as cheerleading.  Candor is paramount, even if the client has not heard much candor in his/her life.  I cannot pretend the case is easy to defend or win, and then act surprise when the client is convicted and goes out of the side door at the courthouse. The client and I don’t have to agree on everything, but the client cannot be surprised by things that go on during the course of my representation, because I find that most surprises are detrimental to my client. 

What is the benefit to my client of my being brutally honest?  The judge told me yesterday: He will actually listen to my questions, my evidence and my arguments.  So, because I listen to the client, the judge listens to me. What is the most important thing I heard the judge say yesterday?  “I do not listen to a third of the attorneys that come before me, because they do not provide insight into what is really going on in the case, they just spout the same thing the client told the lawyer in the lawyer’s office.” Because those attorneys add no value to the proceedings, those attorneys are routinely disregarded by the judge.  So, I guess the moral of the story is: Retain the attorney that listens critically to what you tell him/her, and then listen to the insights that the attorney provides.  So, when you get to court, you will have a genuine opportunity to be heard by the judge or trier of facts. 

 By Lawrence Lewis - Criminal Defense Attorney , DUI Attorneys in Lawrenceville