Ethical question

[jcrim]

I am faced with an ethical dilemna and wanted some feedback before making my decision. In my capacity as a criminal defense attorney, I have been contacted a couple times by a prisoner with the Michigan Department of Corrections. This person was convicted after a jury trial of an offense... for the purpose here, I don't want to reveal the offense b/c it should not affect the decision. Like many prisoners, he claims that there were many errors committed during his trial and wants my help for an appeal.
The dilemna is this, I'm pretty sure that this person cannot afford the fee for a typical appeal... generally approx. $10,000 to $15,000. So if I wanted to try to help him, I would not be getting paid what I should. I could simply reject the case... I mean I have a family to support and bills to pay. I could take the case and try to help the guy for whatever amount his family can scrape up. Or I could take on this matter pro bono, as a good deed.
Many may think this is an easy choice, just reject, but I have this problem where I am still young and naive in this profession... meaning a large part of my job is to help people who really need it. But maybe this is not the way for me to spend my time now that I have a child.
Just a little more info, this would take 40-50 hours of my time and we would probably lose. The Michigan Court of Appeals does not like criminal defendants. What would you do?

 

[joe123]

Like You Said You Don't Want To Discuss The Charge Or What Ever But If This Guy Has Done This Before He Will Burn You.... I Worked In A Prison Here In Texas And It Seemed To Me Like Some Where Not Getting The Help They Needed To Not Do The Crime Again,,,,, If This Involved Murder Or Dwi Or Something Of That Effect Don't Do It ... We All Work For Money And Take Care Of The Important Thing First .... Just A Thought Not Dr. Phil Or Anything Just My Opinion....

 

[jcrim]

I appreciate your opinion...

 

[rgmason]

Jmo its hard decision to make jcrim. My step brother had the same problem we couldnt afford a lawyer for him at the time here in toledo(they dont come cheap) and we finally found an attorney who would doe it for 1,500 only if he won the appeal if he didnt then he said he wouldnt take the money. Now back to you sorry for rambling i do that often as you might have noticed. Its what you feel in your heart you now have a child who needs food on the table cloths to where and diapers expensive stuff then including in that your wife house and last but not least you fish! its soley up to you but you have to figure what you will be able to give and what you cant. No one here i think can tell you to do it or not to do it, it has to come from you our opions might help a little but i dont think they will to much. Sorry for being a downer just how i think i would view it.

 

[jones]

As you stated, the offense should not matter. However, usually only the staunchest of ethical philosophers among us can make a truly objective decision without letting emotions and personal ideologies interfere. I think this would take a fair amount of research on the case before making a decision. You certainly couldn't simply take this persons word as golden, and risk your name as an attorney while taking time away from the rest of your life. If these "errors" in the trial are simply mundane errors in procedure that really have little effect on the true standing of the trial, or on the standing of moral accountability, then I wouldn't touch it. But if these errors are of a larger scope, and through your research you've uncovered a sincere unjustice done to this individual or a serious lack of professional accountability somewhere along the line, then I believe a little sincere effort to promote proper justice is warranted. But only if you truly are convinced that the ultimate goal is proper justice, something that is obviously lacking in society. Once you've got that figured out then you can make the moral judgement of weighing the effect of this supposed injustice on this persons life vs. the time that you put into it and the effect on your life and your family (using your own discretion on the level of objectivity you use and the level at which you are able to remove personal emotions) to make a final decision. Most people, however, would probably find that after spending all the time and effort to figure this out, the possibility that you'll figure this out to be a futile case that never warranted your effort in the first place would be much too disheartening to even justify beginning the thought process in the first place. These martyrs who are willing to search and struggle and sacrifice to find the injustices of the world and attempt to right the wrongs are few and far between, but are important to keeping corruption in check.
Or maybe I've gone a bit too far. In other words, my opinion would be, if you have any doubt whatsoever, wait to utilize that energy for something you're certain is a justifiable cause.

 

[tangman99]

Like mentioned, I would take a little time and investigate the case to see if what he is saying is probable. I also worked many years in law enforcement including a maximum security prison in Florida. I can tell you from experience that there is a good chance that you are getting played. Inmates will usually try to get something from someone inexperienced. Not saying that it's not possible, but please be careful.
I won't give my opinion on what I would do as it is definitely a personal decision.

 

[jcrim]

Well, I will look into the case, but there is only so much I can do without spending time and money. The best way to find out if there were errors made would be to order transcripts from the trial and review them. Again, though, I have not seen a successful criminal appeal for the defendant in a long time... very conservative court of appeals. Basically, what I'm saying is that even if there is a legitimate issue, the case is still probably a loser. I used to take on a lot more cases on pro bono or discounted fees, but things are different now that I have a family. Thanks for the opinions, gives me some feedback for this decision.

 

[madman133]

Heres my opnion. I think that if you were to do it for what everthe family could scrape up that would be bad.Heres why. Its kind of like you said above you need money to support your family. If you were to take everything they had and you lost think of how bad you would feel. Well actually i dont know if you would feel bad but i would. Just think if someone took all your money and your working at mcdonalds or burger king or something like that. it would take a long time for you to earn and save that money. What i would do is either completely drop the case or do it for free. I would have to meet the guy and see what he was like though before i could decide. Just my $.02 This is your personal decision though its uo to you and your wife.

 

[moraymike]

Wow, jcrim. Great question. Unfortunately, there are no concrete answers here. You've got to do what you feel is right. I think the first question is do you believe you can help? If you don't think you can help, I would thank him for the opportunity and tell him why you think the likelihood of a successful appeal is very low. Then I would then give him a few names of other folks that may be able to help.
Now the $ side of things. I'm in the consulting business, so I know all about the billable hours. Let's face it, your career and your family (and fish too) come before anyone or anything else. With the new baby and all, you probably have little free time. If you feel that you can't make this commitment without compromising yourself and/or your family, then I would thank the guy for the opportunity and pass (there's nothing wrong with putting yourself and your family 1st. Nobody will fault you for that). If you think you need to help this guy, I would try to work it around your "paying" clients. You know your schedule and what you can and can't do. Try to set a reasonable amount of time aside each week.
The bottom line is you've got to make a decision that you're comfortable with, right?
Good luck!

 

[bang guy]

In my opinion all professionals should devote time every year for Pro Bono work for good causes.
However, I think you should seek out the good cause of your choice and not the other way around. My opinion for you is to reject this particular case but seek out another to spend some time "giving back". In my line of work there is no shortage of truly worthy causes and I would imagine the same is true for yours.

 

[testieone]

Gee, I think I can safely say that only about 10% of the people I've arrested have admitted actually doing the crime. Even when convicted, I'm ususally the one on trail and they were screwed. Go with your gut, if you think he's blowing smoke, so be it. If you do some research and find that he has some credibility, there are ways / orgs that you could refer him to. It isn't necessarily your problem. Not to go off on a tangent but it sounds as if you have a private practice? I don't know too many attorneys who are all that bad off. That being said, I, like you, prefer to get paid for my work. On the other hand, I get paid the same if I go to work and only write two speeding tickets as opposed to getting my ass literally kicked or t boned by some drunk. I don't get to bill people, rich or poor for the work I have to do so.... If you got into your line of work to be rich, well then walk away and live with your decision. If you want to help people, stand up, take a look at the situation and see if you can help him. Some people are less fortunate than college educated attorneys or even a lowlife street cop like me. Hopefully, if you help someone that deserves your help, you will be better off for it, even if he doesn't deserve it. Good luck, I've been burned before and I'm sure it won't be the last time for any of us 'do gooders' !!!!!

 

[cowfishrule]

Karma is a hell of a thing.
i would just do it. dont think of it as doing free work. think of it as donating to a charity.
give it your best, and whether you win or lose, at least you know you gave somebody who could afford it a chance.

 

[lovethesea]

I say give your time when you can and it works for you. Don't become known as they guy who will do pro bono/discount. Choose what you want. If you want to do this, do it for the experience it will bring you and make it clear to this individual why you are doing it. Good luck in your decision

 

[mimzy]

I agree with Bang Guy and Jones. No need to reiterate what they both already stated beautifully

But I will say this...
"All the art of living lies in a fine mingling of holding on and letting go." H. Ellis

 

[dogstar]

Many people make sacrifices for what they feel is right and good, soldiers, firemen, police, and so can a criminal defense attorney. Your not talking about your life here. What ever you choose to do, I hope it will make your child proud of you.

 

[tangman99]

What due diligence has this person done for himself? Every correctional facility has a law library with law clerks and most of the these law clerks were paralegals or even attorneys on the street. I worked at a super maximum security prison for 10 years where 90 percent of the inmates where I worked were lifers and death row. I've seen many of the individuals work the system and have their convictions thrown out and get new trials without ever talking to a lawyer utilizing nothing but the resources in the law library. If they are indigent, the state pays all of their expenses as well.

 

[caomt]

i had to pay over 4 grand for lawyer plus hospital bills.. guy had cut head.. for backin up my boy in a fight.. got off with just paying lawyer and his hospital bill

 

[caomt]

had to have my lawyer come in for 1 min to stand with me and then leave every month.. 40+ hours for a trail? man thats some robbery stuff... prob could help him cut some years..

 

[caomt]

i got a friend in jail for 7 years for conspiracy to launder 2.2 mil in drug money

 

[jcrim]

His claims are basically that he was framed, cops never considered any other suspects, ineffective assistance of counsel, sort of the usual. He also mentioned some criticisms of the proceedings that are not IMO appealable. I will talk to him and give him my honest opinion about his chances of success. If he can retain me for the fees, then fine but after some thought, I'm not sure this case is the one for me to take charitably. On another note, though, I am signing up for a free legal aid clinic where indigent people can come and get assistance with their legal matters... whether they are criminal, divorce, wills, etc. Thanks for all of the feedback people... it's nice to get other perspectives on these things sometimes.
BTW, the guy is doing 10 years for armed robbery.