"Trial" Attorneys
A few weeks ago I attempted to watch another attorney's jury selection. I was finished in one court and waiting for another court to begin and had about an hour to wait and thought I would watch and see if I could pick up anything useful. Even though I have been doing this for 19 years now, I still like to learn and everyone, well almost, has something to offer.
I patiently sat watching the prosecutor and the defense attorney argue their motions before the jury was brought in. I have known the prosecutor for almost 2 years and had never seen the defense attorney before.
I watched them argue their motions and thought the defense attorney seemed a little confused about the order of trial and proceedings that were about to occur. I watched his scared client who did not know anything about a jury trial and looked like a deer in the headlights. It appeared as if the attorney had not prepared his client in the least. The client looked confused and scared and like he did not know what was going to happen next.
Then as the motions hearing was wrapping up, I heard the attorney ask the judge if he would "finish the charge" before they argued to the jury!
WHAT??????
The defense attorney asked the judge to have the jury charge ready before he argued to the jury, so he could use it in his closing!!!!!!!!!
Unless you are a trial attorney, you have no idea why this is so important, so let me explain.
The charge is read to the jury before the attorneys for the state and defense argue their cases to the jury. It MUST be completed in order to be read to the jury BEFORE argument, ALWAYS!!!!!
A first year law student knows this. How is it possible that defense attorney about to try a criminal case does not know it?
Because he is NOT a trial attorney.
You see every attorney can claim to be a trial attorney, but the reality is that if they are not in trial or preparing for trial EVERY DAY, they are not a trial attorney.
So before you place you life in some lawyer's hands, you should know if that lawyer is a trial attorney; OR NOT!
Your future depends on it.
After hearing the defense attorney plead with the judge to finish the charge before argument, I got up and left the courtroom, hoping that somehow, the poor client could get some relief or help with his problem, because he certainly was not going to get it in the courtroom with that attorney. I could not bear to watch any longer after that!
Ask your lawyer, before you hire them, how often they are in trial and how many trials they had last year.











