Blog: Lawyer’s Insight on legal matters - Questions on Representation - "Lawyer's Insight' is a periodic blog by Mr. Samore on current legal issues that informs readers how current, legal events influence Americans' lives. If you would like to ask Mr. Samore to address a particular concern which you may have, simply send an email to the address at left with subject "Questions for Lawyer's Insight." Click on the links below to quickly reach a particular topic, or just scroll down to read what is of interest. Other sources of information from Mr. Samore are on the Common Questions and About Us pages of this website.

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Questions on Representation

• Are Public Defenders real lawyers? • Am I risking anything if I try to represent myself for a while? • Why do you lawyers do all this plea bargaining?

Are Public Defenders real lawyers?

July 15, 2013 I WANT TO HIRE A PRIVATE ATTORNEY, BECAUSE I WAS GIVEN A PUBLIC DEFENDER. MY FAMILY ASKED ME IF PUBLIC DEFENDERS ARE REAL LAWYERS? You bet they are, and they are often very good ones. Public defenders undergo the same education and training as any other licensed attorney and often dedicate their careers to representing the poor. While being able to afford a private attorney may bring to you certain advantages, never feel that you are "stuck" with a Public Defender. Despite heavy caseloads, they work hard, are skilled, and many of us private attorneys occasionally consult with them because they are so good at what they do. They deserve our respect. We attorneys who are privately-hired are certainly capable and always eager to help you, but to criticize any other attorney is, in my judgment, cowardly and devious. No private attorney should ever advance his or her position by criticizing Public Defenders. These are good people and darned good lawyers.

Am I risking anything if I try to represent myself for a

while?

July 15, 2013 I JUST GOT SERVED IN A FAMILY LAW CASE. AM I RISKING ANYTHING IF I TRY TO REPRESENT MYSELF FOR AWHILE, AND JUST DECIDE LATER IF I NEED AN ATTORNEY? This approach tends to be a big mistake. If the other side has an attorney to protect them and assert every argument in their favor, by the time you get to our office (or the office of another reputable attorney), you are usually so far behind in the race for justice that the case may be lost. If the case is not already lost, it will take a whole lot more attorney work to catch you up and give you a chance. We have, indeed, won those cases, but they are very difficult and more expensive than if the client had come to us right away. Dare you risk the kind of result with which your little girl will live for the rest of her childhood? Don't you want to be a big part of her childhood and protect her from those who might mess her healthy values forever? That is just one example, because, once the terms for time-sharing or child support are locked in, even on a temporary basis, it is very difficult to change those terms. Schedule an appointment at our office, even if you can only afford to buy an hour of my time, to let us alert you to the pitfalls and dangers on your road to justice. You can the decide if you want to hire a lawyer to help you through this difficult time of your life. other common questions about defense

Why do you lawyers do all this plea bargaining?

July 15, 2013 The truth is that, without plea bargaining, our whole criminal justice system would collapse. That is one of many reasons that you want a seasoned attorney who not only has the confidence of record being an experienced trial lawyer but also knows the law well enough to help fashion, when necessary, a reasonable option through a reduced offense level plea that you or your loved one may be willing to consider. In state court, less than ten percent of the cases actually go to trial, and, in federal court, the percentage is barely two percent. This fact may surprise you, but there are some reasons why it is so. When this country's adversary system has (I think unfortunately) become one where increasingly prosecutors can gain more recognition and financial support by emphasizing the filing of as many criminal charges as one reasonably can. By doing this, they get more fancy offices, assistant prosecutors, more government money comes their way and having their name in the paper may elevate them to higher offices. They do not see the benefit in showing sensible restraint by, for example, attempting to resolve disputes without filing criminal charges. As well as locking into prisons a higher percentage of our citizens than any other country in the world, American prosecutors also file far more criminal cases per capita than any other country in the world. As a result, even if we wanted to demand a trial on every case filed, they could not be conducted because the court simply lacks resources. At the same time, the use of plea bargains can often be a fair way to resolve any dispute, even ones that involve criminal allegations. It is also true that many criminal prosecutions have such strong evidence against the defendant that it is better to authorize us to try and work toward a favorable plea agreement, rather than go through an unnecessary trial and be hammered. Whether a plea bargain is something you or your loved one might ever consider is one of the important things we can discuss in detail when we are working for you. Our first goal is dismissal of the charges against you, number two is sending you home, and number three is making sure that you can still have a good job and good reputation.