POETRY UPDATE

POETRY UPDATE

A Poet writes:

one last poetry response:
ah, rumpole, again you are wrong,
for the judge murphy trial was not quite as long
a week and a half was all it took
for the jury to declare the client a crook


Rumpole Writes: It must be the holidays that sets our thoughts to rhyme and little reason. We are hoping that the lull in courthouse news, posts, rip-roaring controversies is just because people are out of town. It has gotten so slow that we are beginning to long for the days when Mr. Bobby Reiff was stirring the pot.

Hopefully the new year brings health, happiness, and some great REGJB posts.

PS: You wouldn't be an ASA that posted, would you?? We anxiously await, like the return of the Emperor Penguins, the "March Of the Prosecutors" though the glorious pages of our blog.

Anonymous, who obviously didn’t take a trip for the holidays, and is just as bored as we are, writes:

the problem is that we mistakenly bundle people together, when what we should do is categorize them. In any field there are incompetent or lazy people. The real issue is the character that these people have when entering the office.There are ASA's who come in to the office hating the defense and defendants and wonder why the podium next to them even is allowed to be staffed with a lawyer. They are on a "mission" and have no perception.Then there are PD's who believe all of their clients are getting screwed by the government and that they should not only fight their cases, but hate the ASA's personally.The best ones are the ASA's and PD's (especially the ASA's as they hold the "power of the plea offer") who understand that there is a system that we all live in and that respect for each other, FOR EACH OTHER is most important.So let's stop debating what the "problems" are in the system. If PD's or ASA's came to the office for money or appreciation, they should resign immediately. These jobs are a calling, and wonderful experience. There's nothing we can ever do about some of the jerks who accept them.


Rumpole Replies: Your complaint about characterization is what we mean when we say people paint with too broad a brush. The essence of an experienced and successful attorney is the ability to separate the work from personal feelings. Like a surgeon, the attorney needs a degree of detachment so that professional judgment as to what’s best for the client is not impaired by personal views.

Just the other day we were in court on an economic crimes type of case. We learned that the prosecution did not have many of the documents necessary to tie our client to many of the charged counts. However, we had met several times with our client, and secured a probation plea. Our client has a family with two small children to support. We explained our view of the case, and the distinct possibility of an acquittal oN most if not all of the charges at trial. However, the client had already admitted culpability to us, and sought our advice about what to do. It was the classic situation: whichever way we colored our advice, the client was sure to follow. After more talk and examination, we jointly decided that the client could not bear the risks, no matter how small, of proceeding to trial. Thus, despite our personal desire to proceed to trial, gain an acquittal, and bask in professional glory, the client agreed with the decision to settle the matter, albeit more favorably than before.

Prosecutors and PDs should (and hopefully will) learn by experience that the other side is a necessary component to our system of justice. Ideally, their zeal will become tempered by experience.

Until then, that’s what us older attorneys are for: to pound them senseless until they learn their lesson.

See You In Court Next Year.