Communication
What are the first 3 things you should say when you first meet your appointed client?
1. Tell them your name.
2. Why you are appointed to them.
3. Ask them how they are doing.
Client Meeting
If available, What should always be read before meeting the client?
Police Report
Say it/ Not Say it
Client says that they are struggling with substance abuse......
You say "HERE'S YOUR PROBLEM"
NOT SAY IT- better response Here's our Challenge"
True or False?
It's ok to let your client know what to anticipate with their case?
TRUE
T/F
Its ok to tell the client how long you've been practicing?
Maybe...
What information should YOU know after a 1st client meeting?
1.Their/Family contact information
2.The client's position or story
3.Mental illness and or substance abuse history
4.Pending cases in other jurisdictions
5.Work and Family Information
6. Any special needs of the client (language, medical, etc.)
Motion Prep/ Trial Strategy
What possible motions can arise after meeting your criminal defense clients?
Motion to:
Amend Bond
Suppress/Quash
Petition for Psychological Evaluation/ Mental Competency
Sometimes Simply Requesting from the Prosecutor
Say It or Not Say It
Client says "My life has spiraled and I have lost my mother...
You say" WE ALL HAVE PROBLEMS"
NOT SAY IT- Better Response "I'm sorry to hear that, I can't imagine what you're feeling"
True or False?
You should always inform your client of Collateral Consequences of a plea (ex. drivers license sanctions, sora registry/ monitoring, etc.)
TRUE
Is it ok to tell a client about your past experiences in front of a particular judge?
Yes
How often should your incarcerated client expect to hear from you?
At minimum, BEFORE the next scheduled hearing.
(with adequate time to prepare)
Pretrial Settlement/ Status Conference
What should you be prepared to do at the Pretrial Settlement Conference?
1. Have a Counter-offer
2. Run your guidelines in advance
3. Must communicate any and all offers to your client
4. Address any discovery issues
5. Advise client of pros and cons of taking an offer or losing at trial
Say it or Not Say it
Client says "I've decided to finally get clean, tomorrow marks 3 weeks for me...."
You say " That's amazing, Keep up the good work"
SAY IT " You've acknowledged their progress, and have given encouragement"
True or False?
Criminal Sentencing Guidelines are now mandatory.
FALSE
T/F
Is it ok to tell a client that you don't have experience in a particular area of law?
Maybe- It depends
What should you never say to your client?
NEVER make guarantees
Trial
What are some things to do to prepare for trial?
Voir Dire Questionnaires
Jury Instructions
Subpoenas (witnesses, experts, documents)
Exhibits
Client Preparation (decorum and dress)
Opening and Closing Statements
Say it or Not Say it
Client has just reviewed their sentencing report and is disappointed that they will be going to jail....
You say " Don't sweat it it could be worse"
NOT SAY IT, Better response- Acknowledge their feelings and empathize with their new reality of lost time.
True or False?
All Juvenile Defendants have a right to a Jury Trial?
FALSE
T/F
You should share with your client your win loss stats.
False
Before you leave your client, what information should they be left with?
1. Your contact information (and reasonable times and methods you can be contacted)
2. Any Court Documents/ Police Reports
3. Next Court Hearing Date
Sentencing
What should your client expect from you at sentencing.
1. You have reviewed the PSI with them.
2. Sentencing Memos
3. A well thought out allocution
4. For client to know best and worse case scenario
5. Any supporting family to be present
Say it or Not Say it
Client didn't get the plea offer they were hoping for
You say "It will all work out in the end"
NOT SAY IT, Better response "I can understand why you are angry, I assure you I'll continue communicate any and all progress in your case to you."
TRUE or FALSE?
Parents that are Neglect and Abuse Defendants should expect speedy outcomes.
FALSE (scheduled 90 day hearings)
T/F
You can accept side payments as a Public Defender for a Job well done.
MPRC 1.8E3ii