Monday, August 14, 2006
I love my job - I think
It amazes me how much trouble people can get into and how fast things can spiral out of control. I had a client who came to me to discuss the chances of challenging a property settlement agreement he signed during a divorce. He did not have an attorney and agreed to what ever she wanted because he loved her. I quoted him a price and he walked away. Fine and good, as this happens a lot. Our firm is not the cheapest in town, nor is it the most expensive.
Several weeks pass and this guy’s dad and brother come to see me. Seems junior is in jail for simple domestic violence, a misdemeanor, and can I help. I quote a price and they come back with the money. We bail him out only to find the charges have been changed – Felony domestic violence, Aggravated assault and breaking and entering. We all talk and I have to increase the cost of defense, which dad pays.
It seems junior decides to go over and get his kids and some things out of the house. This in not in dispute. The house is no longer his as he has signed over all rights to it in the divorce. This also is not in dispute. He puts his kids in the truck, and then enters the house either by invitation or by kicking the door in, who knows. The he goes upstairs to get the kids clothes, or other items. Take your pick. The ex-wife is beating him the entire time. She either falls down the stairs or is pushed. Next the new boyfriend hits junior with something. This is not in dispute. At some point Junior pulls a gun (maybe) before he leaves. The police arrest him a mile or two down the road and find the gun. It is unclear if it was loaded. Junior claims it was just under the seat like it has been for years – ex-wife set him up. An ambulance takes ex to hospital and there are a pretty good set of color photos of her bruises and black eyes. Junior admits to going into the house and to fighting with her, but not to the gun. He is unclear about the stairs.
I do my lawyer magic, work with the DA and get what I think is a great result literally the day before trial – instead of 25 years in Parchman Prison junior will get non-adjudication. This means he enters a plea of guilty, pays a fine and is free to go as long as he keeps his nose clean for the next 5 years, at which time the charges are expunged from his record. I am the best thing since sliced bread. We now go to work fixing the divorce records, I get his child support reduced from $1200 a month (about 70% of his take home) to the correct amount, around $400 a month, get him more time with his kids as well as some other things. Man I am wonderful!
He is happy as punch until he loses his job because his criminal records correctly show he is in a pre-trial diversion program.
Now I am the worst attorney in the world. He did not do it and we should have gone to trial. He, to this day, cusses me I am sure. He could have done a better job on his own he tells anyone who will listen. Lawyers are all cheats
BTW the final legal fee was 6 times the fee I quoted to help him straighten out the mess he made by signed the original divorce papers.
Not sure there is a point here, just something I remembered today talking to another criminal client about non adjudication.
I love my job
Several weeks pass and this guy’s dad and brother come to see me. Seems junior is in jail for simple domestic violence, a misdemeanor, and can I help. I quote a price and they come back with the money. We bail him out only to find the charges have been changed – Felony domestic violence, Aggravated assault and breaking and entering. We all talk and I have to increase the cost of defense, which dad pays.
It seems junior decides to go over and get his kids and some things out of the house. This in not in dispute. The house is no longer his as he has signed over all rights to it in the divorce. This also is not in dispute. He puts his kids in the truck, and then enters the house either by invitation or by kicking the door in, who knows. The he goes upstairs to get the kids clothes, or other items. Take your pick. The ex-wife is beating him the entire time. She either falls down the stairs or is pushed. Next the new boyfriend hits junior with something. This is not in dispute. At some point Junior pulls a gun (maybe) before he leaves. The police arrest him a mile or two down the road and find the gun. It is unclear if it was loaded. Junior claims it was just under the seat like it has been for years – ex-wife set him up. An ambulance takes ex to hospital and there are a pretty good set of color photos of her bruises and black eyes. Junior admits to going into the house and to fighting with her, but not to the gun. He is unclear about the stairs.
I do my lawyer magic, work with the DA and get what I think is a great result literally the day before trial – instead of 25 years in Parchman Prison junior will get non-adjudication. This means he enters a plea of guilty, pays a fine and is free to go as long as he keeps his nose clean for the next 5 years, at which time the charges are expunged from his record. I am the best thing since sliced bread. We now go to work fixing the divorce records, I get his child support reduced from $1200 a month (about 70% of his take home) to the correct amount, around $400 a month, get him more time with his kids as well as some other things. Man I am wonderful!
He is happy as punch until he loses his job because his criminal records correctly show he is in a pre-trial diversion program.
Now I am the worst attorney in the world. He did not do it and we should have gone to trial. He, to this day, cusses me I am sure. He could have done a better job on his own he tells anyone who will listen. Lawyers are all cheats
BTW the final legal fee was 6 times the fee I quoted to help him straighten out the mess he made by signed the original divorce papers.
Not sure there is a point here, just something I remembered today talking to another criminal client about non adjudication.
I love my job
// posted by Cigar smoking, beer drinking lawyer @ 1:15 PM 
