Dear Harley,
Im not sure if you answered this in other posts, but what is your general opinion of prosecutors and judges you have dealt with over the years?
Are prosecutors really seeking justice? Are they just looking to further their career with no care given to the accused? What about judges?
I know not all are the same, but is there a general personality type that seeks to be a prosecutor or seeks to be a judge?
On the flip side, what are most private defense attorneys like? Money grubbers? Seekers of justice? Combination of both?
Dear Oliolioli,
Private Defense Attorneys- The truth is, I don't have much in common with most Private Defense Attorneys (PDAs). Most practice law as a business. I fully understand the "business"
end of it and I am not bashful to making money but there are ways to do it and ways not to do it. First, you can practice compassion and patience while also making money. The number
1 complaint about attorneys is that you can't get them on the phone. It's true!!! I'm an attorney and other attorneys won't call me back. Don't take the case if you don't have the time
to answer calls concerning the case. Many attorneys take on cases they know are a bit out of their reach and then have the arrogance to ignore advice to bring on other counsel to assist them.
I find most attorneys quote excessive fees, scare people at their consults and spend too little time on the file.
Few too many attorneys begin thinking about true trial strategy when the case comes in. This is a product of many things, among them laziness and an unwillingness to actually try the
case before a jury as well as a true absence of knowledge and experience as to how to try an actual case.
Having said all that, there are, in fact, many hard working PDAs and it is a very competitive business. NJ alone has over 60,000 lawyers. And some people are not smart enough or willing to
pay for the best or even a quality lawyer.
Most attorney consults last 15 minutes with 10 minutes devoted to promises and the remaining 5 minutes devoted to the price.
My consults last at least 1 hour and explain the charges, the potential penalties and the process by which I would handle the matter and my consults are
FREE. I tell people, "Your money doesn't motivate me to win. I'm a winner. I am not retiring off your case and if you don't hire me, that is understandable but I will still
have food to eat. I am only interested in representing people who are going to help me win the case and if you choose another attorney, you can always call me and ask
me a question for free. You should only hire the person whom you feel is best for you and I may not be that person. However, if you want the best, you are here."
I think it's important to be realistic at consults and not make promises as to results that you can't keep. I lose a great deal of money to less scrupulous attorneys who
promise the client exactly what they want to hear despite knowing full well that they can't deliver that result when the case comes to its end.
I, unlike every other attorney, do NOT charge extra for a trial. None of my clients will feel forced to take a plea simply because they couldn't financially afford the trial they
would've preferred. That may not be good business but I don't want any of my clients to ever make a decision which impacts their freedom based solely upon money.
When I am trying a case before a jury I sleep no more than 4 hours per night and the rest of my work gets put on hold and I can't take in any new clients. That is an awfully
big sacrifices and one large reason why most attorneys discourage their clients from pursuing a trial. However, if you try cases and are good at it, Prosecutors know that when you
say, "Ok, let's just try the case' that you mean it and you could actually win. That leads to much better plea offers. It's like sitting on your porch with your dog next to you. If you dog
barks but never bites, people will walk onto your porch, enter your house and piss in your kitchen. If however, your dog bites, different story.
Harley