THE UPS & DOWNS

The life of a trial attorney is full of ups and downs. For me 2019 was a roller coaster of emotions. I was bombarded from all angles but it was difficult to put into words that I could share.

Every time a positive result is obtained for a client such as an a dismissal or a reduction of charges or keeping a client out of jail or keeping them from losing their license, that euphoria comes on. But then there are the bad results. When you try a case believing that you have a real chance to exonerate your client but instead he gets hammered with a lengthy prison sentence, you cannot feel much lower.

Is it about disappointing our clients and their families or is it about disappointing ourselves? In over 40 years of trial practice I can remember times when I wondered if this is what I was meant to do. Was I really good enough? In my 20’s I tried a quite a few criminal cases as a public defender in Kenton County. The results were not good. Was it that my clients were in hopeless situations? Had they committed acts so egregious that they could not be helped? Or was I not up to the task?

The longer you do this the more you realize that only a small percentage of cases make it to trial. Even then the odds are stacked in favor of the prosecution. But our clients are entitled to and deserve their day in court. And most importantly if you do not try you cannot win.

Over time my success rate improved. In fact it dramatically improved. And as my record improved, it became easier to resolve cases that  did not need to be tried. As I tell my clients, you must make the prosecutor believe that you are willing to go to trial. Sadly I have known attorneys who never take a case before a jury. They try to convince their clients to take the deal. Sometimes that is the best option, but sometimes you need to fight the fight. Sometimes you get crushed and the what ifs can destroy you. But if you do what your client asks and you give your best shot, you should not despair.

This past year I represented a client with multiple indictments. On most counts the evidence was strong. He had no chance at trial. Still I thought if he plead probation was a good possibility. He plead but the probation did not happen. It has weighed upon me but at the same time I realize that a jury may have given him a substantially longer sentence.

I also tried a case this past summer where my client insisted he was innocent. He turned down an offer that would have made him eligible for probation or parole within a few years. Instead the jury gave him a max sentence that will require him to serve at least 17 years.

The bottom line is this is a part of the practice that can lead to or add to despair and depression. The constant second-guessing and the up-and-downs is not for all.