Visalia & Tulare County Criminal Defense Attorney | Casey D. Martin | 900 West Main Street, Visalia, CA 93291
THE MARTIN LAW FIRM | Serving Visalia & Porterville, CA
My Lawyer Is Not Fighting For Me, Help Me Please!
October 31, 2018
Have you thought, I don’t feel like my lawyer is not fighting for me? If so, you are in the right place, and hopefully this article will help your situation.
Everyone has a different style. The way they dress, the way they talk, the way they argue. Attorneys are no different. Each Attorney argues differently, and two completely different styles could end up with the same result. Some lawyers are very dramatic and gesticulate wildly while waving their hands around. What is the audience though? These sorts of styles can be effective with juries, but if you have a judge deciding your case, it may not be effective at all. Keep in mind who is the decider of fact and or law in your case. If it’s a Judge, as in family law matters and many civil law matters, you want an Attorney who can write and who can keep their arguments to the point. But you also want someone to fight for you.
Sometimes clients feel like their Attorney is not fighting for them if they talk to the lawyer on the other side. No matter what, Attorneys are ethically obligated to communicate on your behalf, to advocate your position to the other side. This means that they have to talk to the Attorney or the person representing themselves on the other side. And sometimes lawyers work together a great deal and they become friendly. This should not effect the level of advocacy your Attorney can provide. Often it is the reverse.
If You Feel: My Lawyer is Not Fighting for Me. Just Remember Trust is Key.
If the other side trusts your Attorney, you may end up with a better bargain than you would have gotten had you simply let the Court decide. In addition, there may be legal issues in your case that you have not thought of or do not fully understand. Make sure you touch base with your Attorney before Court so that they can understand what issues in your case are the most important to you. For example, in a family law case, a lot of clients will say that custody and well-being of the children is their number one concern. In criminal defense, on the other hand, it would be important to let the Attorney know whether you want to settle or whether you want to take your case to trial. Then the Attorney can fight for what matters most to you.
Of course you want an effective advocate, but look at the Judge when the Attorneys are fighting with one another–especially if the Judge is the one deciding a particular motion or issue. Keep in mind that the Judge sees these same Attorneys day in and day out, and the theatrics that the Attorneys employ simply do not work on the Judges, even though the audience in the courtroom may like it. Ask yourself if you want your lawyer to look good, or if you’d prefer them to get you the best result possible. If you want the best result, you absolutely need a lawyer who thinks on their feet, and can write and argue effectively, but that doesn’t necessarily mean that they act wildly or disrespectfully in the Courtroom.
Jury trials are the exception.
Having an Attorney who can both grab the jury’s attention and think on their feet is incredibly important. However, most cases do not go to jury trial. Most issues are decided by a judge, and a judge always decides the issues of law even in a jury trial. Therefore, you need an advocate who can fight in a way that will get you the best result with whoever is the decider of fact, be it Judge or Jury.
If you are in the need of legal counsel in the Fresno, Visalia, and Hanford area contact us today.