As I was reading a fellow attorney’s blog tonight I was struck by this inane self-satisfactory quote attributed to ‘Cynthia Rosenberry’ by a blog commentator:
“We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth, people who have no sense of right and wrong, people who will lie in court to get what they want, people who do not care who gets hurt in the process. It is our job — our sworn duty – as criminal defense lawyers, to protect our clients from those people.”
I’ve seen this quote before and I was again reminded of how smug and self-centered people can be in this profession. Defense attorneys like to paint themselves (and they are the ones shouting this from whatever soapbox they can find at every opportunity) as the ‘defenders of justice’ like they are the Super Friends from early 1980′s Saturday morning cartoon fame and we, the evil prosecutors, are the Legion of Doom. This is complete nonsense and I said as much on the other blog.
Your whole-hearted endorsement of Rosenberry’s oft-quoted statement is a bit disconcerting but completely unsurprising. It is the black and white view of the world that the extremists on both sides of the criminal law divide hold that impairs the administration of justice (for that is what, as a country of laws and not men, America is – a bureaucracy).
From a defense attorney I expect (and endorse actually) obfuscation, misdirection, sandbagging, and the silent treatment as to any potential defense. These are all highly-effective tools to get one’s client found not guilty (which as we all know is NOT the same as innocent as the jury is not asked to find an absence of guilt) at trial. And such a result is, at times, the most important aspect of a defense attorney’s job. Other times, depending on the evidence or (and let’s not forget my fellow pragmatists) political situation of a jurisdiction a plea bargain is the only road to take to Damascus. What I also expect from a defense attorney is professional courtesy (depending on the jurisdiction), and no personal attacks.
As a prosecutor I expect myself to be courteous to defense attorneys. I fail miserably at this sometimes with some defense attorneys. When I fail, again depending on the defense attorney, I may feel smug and self-righteous, or I may feel remorse because I shouldn’t have treated that attorney like that. I also expect of myself to get discovery (thank you Criminal Rule 16), notices of expert, pleadings, and offers to opposing counsel in a timely fashion. Avoiding “motions to produce” or “motions to compel” is something I actually take pride in because it is up to me, as a prosecutor, to give everything I have against a defendant to his attorney as soon as I receive that evidence. Obfuscation, misdirection and sandbagging a defense attorney would be not only (given my own moral compass) wrong but also in violation of the letter (if not the spirit) of the ethical code.
Why would I expect such things of defense attorneys and of myself? Because, while I can be at times a c
omplete and utter unrepentant asshole, I am a professional. We work in a profession. We are not children at the playground. We are not the scum of the Earth. We are not like those others who are the butt of all attorney jokes. We work to insure justice. We must be concerned at all times with personal liberty.
This is the high road. This is the strong middle. If you, PDA in AK, wish to travel on the shoulder with the other extremists, be my guest. I will treat you will professionalism irregardless.
It’s late. I was up all last night and this morning with Anchorage Police Department and I woke-up at 4:30pm from my sleep. Perhaps it is this sleep-deprived state that has driven me to write such a lengthy tome both on the other site and on mine own site.
computers | operator101 | 
Monday 25 June 2007 10:39 am | 
Comments (0) 