Communication
What are the first three things you should say when you 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" 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 or F
It's OK to tell a client how long you've been practicing
Maybe....
What information should you know after a first client meeting?
1. Their/ family contact information
2. Client's position or story
3. Mental illness or substance abuse history
4. Pending cases in other jurisdictions
5. Work and family information
6. Special Needs of the client (language, medical, etc)
Motion Prep
What possible motions could be filed after meeting criminal defense clients?
Motion to Amend Bond, Motion to Quash/Suppress, Petition for Psychological Evaluation/Mental Competency, Sometimes simply requesting from Prosecutor.
Say it or Not Say it
Client says My life has spiraled I lost my mother.
You say we all have problems.
Not say it. Better response I can't imagine what you been through
True or false. You should always inform your client of collateral consequences of their plea ( drivers license sanctions, sora registration/monitoring, etc).
True
T or F is it OK to tell a client about your past experience with the judge your client has
T.
How often should your incarcerated client expect to hear from you?
At minimum BEFORE the next scheduled hearing (with adequate time to prepare)
Pre-trial Settlement Status Conference
What should you be prepared to do at the Pre-trial settlement conference
1. Have a counteroffer
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 taking an offer or losing at trial
Say it or not say it. Client says "I've decided to get clean. Tomorrow marks three weeks.
You say that's amazing keep up the good work
Say it. You've acknowledged their progress and offered encouragement
True or False. Criminal sentencing guidelines are now mandatory.
False
T or F
Is it OK to tell a client that you don't have experience in a particular.
It depends
What should you never say to your client?
NEVER make guarantees!
Trial
What are some things to do to prepare for trial?
Voire Dire/Jury Questionnaires
Jury Instructions
Subpoenas (Witnesses, Experts, Documents)
Exhibits
Client Preparation for the stand ( 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 or F it's OK to share with your client your win/loss record.
F. It's sets unrealistic expectations
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. Having reviewed the psi with them in advance
2. Sentencing Memos
3. Well thought out allocation
4.for client to know The best and worst case scenario
5. Any supporting family to be present
Say it or say it. Client didn't get the plea offer they were expecting or hoping for.
You say it will all work out in the end.
Not say it. Better response. I can understand why you're frustrated or angry. I assure that I will communicate any and all progress in your case to you.
True or false. Parents that are Neglect and abuse should expect speedy outcomes.
False. (90 day hearing)
T or False. You can accept payments as a public defender for a job well done.
Absolutely not. Reference MPRC 1.8 E3 ii