Client-centered zealous advocacy





Creating a winning defense theory means knowing my client's story, engaging in intensive case analysis, and identifying a litigation strategy based on the theory and theme of the case
Every person has a life story, and client-centered representation demands that I learn about you. When I first meet a client one of the first questions I will ask is not about the facts of the case but about you. I realize that many clients are nervous, stressed, or even scared at the prospect of facing a criminal charge or investigation, so why not just get to the point? The answer is that who you are matters. It may not have mattered to the police or to the prosecutor, but it matters to me. In order to zealously defend my clients I have to know them. In fact, many times I will ask my clients to draft up their life story for me--call it an unpublished autobiography. Because whether the end game in fighting your case is arguing before a jury or speaking with a prosecutor I have to be able to tell your story, and no one knows your life story better than you.

The fact that getting to know you is one of the most important first steps in the attorney/client relationship and absolutely crucial to providing zealous representation may seem like common sense. However, you would be amazed at the number of lawyers who don't take the time to know their clients and instead subscribe to the "meet 'em and plead 'em" mentality that can exist in the courthouse. So call it common sense. Call it caring about my clients. Call it the first step in building trust. Whatever you want to call it, the first step is knowing you.

The next step in any zealous representation involves intensive case analysis. In law school aspiring attorneys are taught to "think like a lawyer" and told to weigh the "good facts from bad facts." The reality is that factual analysis and investigation is only the tip of the iceberg. News flash: a lot more goes into defending a case than identifying all the facts. Modern jurors base their decisions, whether they realize it or not, on many different factors, including their life story, their upbringing, their personal prejudices, current events, social pressures, and emotions. The same can be said for prosecutors and judges. Zealous advocacy demands creative, outside the box thinking. It demands intensive investigation, not just into the facts, but also into the motivations and bias of all the witnesses in the case. It demands identifying a theory and theme of each case and creating a tailored litigation strategy to accomplish the end result. 


Picture"Offer the Olive Branch...but Grab the Sword!"


One of my mentors, Attorney Bill Massey, has always taught me one of his favorite sayings about zealous representation: "Offer the Olive Branch...but Grab the Sword!" What does it mean for you? It means that zealous advocacy often involves successful communication with the government attorneys. Many cases in the court system get resolved through some sort of plea negotiation. Many cases must be fought throughout a trial. Success in the courtroom, whether it comes in the form of a verdict after trial or in a favorable negotiation pretrial, demands that the government knows that you are willing to draw the sword.
THE PROCESS MATTERS
One of the most sickening things I can say about the justice system, and one of the major reasons why I have dedicated my career to representing the accused, is the willingness of the system to treat citizens accused like a piece of meat on a conveyor belt at a factory. Our system of justice has attempted to criminalize so many things that the courthouses across Middle Tennessee are overloaded and bursting at the seams. The result? A perverse incentive to try to move cases along as quickly as possible, regardless of the direct and collateral consequences that the client will face.

Any time that you are faced with criminal prosecution results matter. But over the years I've learned that the process matters just as much. I treat my clients the way I would want my family to be treated in their shoes. Communication is key. Honest, straight talk is essential. I would demand the same. So I tell my clients what is true, not what I think they want to hear. I don't ask for trust. I seek to earn it.  And I want my clients informed every step of the way about the goals of the defense, the roadmap for success, and the hurdles to overcome. Above all, I demand dignity for the people I represent in and out of the courtroom from a system that is far too often content with treating people like numbers.