Font Size

 

We get arrested.

The police charge us with a zillion terrifying things.

The press writes about it.

Overwhelmed with shame innocent or not, kneecapped by public disgrace, deep in shock we hire a lawyer.

S/he says we have a great case, textbook innocence and that all the police have is speculation.Tells us we don’t have to show up in court until the last day. Never discusses the case with us.

Then it gets down to the gun.

Our lawyers says we haven’t got a prayer in Hell and advises us to take a deal. S/he collects their fee. We pay.

Doesn’t matter what shade our skin is. Doesn’t matter how much money we have. Rich or poor it’s the  same.

I fired mine.Did much better without them.

The judge said they all do it.

Despite the judge I don’t believe they all do it.

Good question. How safe are we from the lawyers?

We’re better off on our own says David Lakie.

We are.

In the 1993 legal drama “Philadelphia”, Tom Hanks asks Denzel Washington;

“What do you call a thousand lawyers chained together at the bottom of the ocean?”

“A good start.”

Here, from 3 different lawyers, is what happens to far too many of us.

Dump Truck Lawyers

DUMP TRUCK LAWYERS

Don’t get dumped by an unconcerned lawyer

A judge is a law student who marks his own examination papers.

H. L. MENCKEN

Dump Truck” is what attorneys call other lawyers who only want to dump their clients by quickly pleading them guilty instead of providing a vigorous defense. Unfortunately, there are a number of such lawyers, and they can be spotted in several ways.

Warning signs of a ‘Dump Truck’ lawyer are any attorney who:

Quickly leads the conversation into a discussion about plea bargaining as the primary focus (unless there are complications with the case which can only be discovered after reviewing the facts of your case).

  • Promises to get it all taken care of quickly with no appearance by you. One such attorney advertises “No court appearances, No time off work.” You cannot fight the charges that way. Not surprisingly, his ad also says “low cost.”

  • Promises low cost and quality representation. These are two traits that you do not find at the same time. If the attorney is primarily selling himself as a low fee alternative, it means he is either not as well qualified or he will spend little or no time in preparing the case. Far too often, both happen in DWI cases.

  • Quotes a low fee over the phone after a very short conversation. He has already decided he will just go through the motions necessary to plea your case. It is reasonable to spend 1 to 1 ½ hours with a reasonable qualified attorney before deciding to hire him. There should not be a fee for this initial consultation.

  • Meets you for the first time at court and wants money to be there. This is not representing you. He doesn’t even KNOW WHO YOU ARE OR WHAT YOUR CASE INVOLVES! Your first meeting should be in an office and it should be a detailed investigation into the case. Only then, can the lawyer give an initial evaluation and advise you properly about the next stages that your case should take.

  • Operates his/her firm with no office staff and meets you at a restaurant or law library because he has no actual office. It takes a great deal of preparation to properly defend a DWI case and a lawyer should have staff members to assist not only the lawyer, but you the client when you call with a question.

  • Who answers their phones when they are in court and even worse, do you want your lawyer leaving the courtroom during your case to take a cell phone call.

You should be assured the attorney and his staff are capable, willing, and ready to TAKE YOUR CASE TO TRIAL. In any discussion of your case, you deserve to be represented from a position of strength rather than weakness.

You should always educate yourself about what a DWI case requires of the attorney. Go to dwidude.com for some questions to ask any respectable attorney when you meet with him the first time. If he can’t answer those questions to your face he may not be the warrior you need in the courtroom.

In Texas, numerous DWI cops and prosecutors spend hours looking at the dwidude.com website. They learn more from reviewing that site than they have learned from their own legal education services.

http://dwidude.com/dump-truck-lawyers/

 

You need to feel comfortable with your lawyer. Meet at the lawyer’s office and ask whether they specialize in criminal law or if they do other work as well. How much experience does the lawyer have? Is the lawyer’s office close to the court you are going to? lf not, does the lawyer know the Crown Attorneys and Judges? Go to the court where your charges are and see what’s going on. Meet with a few lawyers if you like before you decide

Watch out for paralegals and court agents (“Ticket fighters”, ex-cops, etc…). They do not have the level of education or training that lawyers have. They will probably act as a “middleman” and direct you to a certain lawyer they have an arrangement with. Finally, their fees are no lower than what most lawyers would charge for the minor cases they are allowed to deal with.

Referrals from friends and relatives may be helpful but remember; one recommendation can be misleading. Your friend’s case is different from yours and you have no way of knowing whether that lawyer really did a good job. Maybe he got lucky. Maybe your friend thinks he got a good result because of what his lawyer told him, when in fact he got “dumped”.

“Dump Truck” is a derogatory term used by people who know the system to describe lawyers who plead all or most of their clients guilty. They don’t fight. They don’t do trials. Make sure the lawyer you hire isn’t a dump truck. Ask how many trials they do. Dump trucks often lead their clients to believe they are facing severe sentences so that the deal they negotiate looks that much better. Remember, first offenders rarely receive any jail time unless they have committed a serious crime involving violence, drug trafficking, sex offences or big thefts/frauds.

Take your time to think about who you are hiring. You may want to wait until after your first court appearance so that you have the disclosure and the Charge Screening Form. The court will always adjourn your case to allow you to do this if you ask.

http://www.davidlakie.com/your-rights/dontbefooled

“Dump Truck” is what attorneys call other lawyers who only want to dump their clients by quickly pleading them guilty instead of offering a vigorous defense. Unfortunately, there are a number of such lawyers, and they can be spotted in several ways.

Warning signs of a ‘Dump Truck’ lawyer are any attorney who:

• Quickly leads the conversation into a discussion about plea bargaining as the primary focus (unless there are complications with the case which can only be discovered after reviewing the facts of your case). If the attorney is talking about a plea bargain or a deal during the initial consultation or before they have had a chance to review the facts of your case, you may want to consider hiring someone whose goal is not to plead you guilty.

• Promises to get it all taken care of quickly with no appearance by you. One such attorney may advertise “no court appearances, no time off work.” You cannot fight the charges that way. Not surprisingly, his ad also says “low cost.”

• Promises you an outcome. Quality attorneys do not promise, speculate or guarantee outcomes. An attorney, who promises to get you a DWAI, isn’t getting you anything you couldn’t achieve on your own.

• Promises low cost and quality representation. These are two traits that you do not find at the same time. If the attorney is primarily selling himself as a low-fee alternative, it means he is either not well qualified or he will spend little or no time in preparing the case. Far too often, both happen in DUI cases.

• Quotes a low fee over the phone after a very short conversation. He has already decided he will just go through the motions necessary to plea your case. It is reasonable to spend 1 to 1 ½ hours with a reasonable qualified attorney before deciding to hire him. There should not be a fee for this initial consultation. This consultation can be on the phone or even better, in person. Any attorney who is not willing to give you the time you need during the consultation stage will never give your case the time it needs once the check has been cashed.

• Meets you for the first time at court and wants money to be there. This is not representing you. He doesn’t even KNOW WHO YOU ARE OR WHAT YOUR CASE INVOLVES! Your first meeting should be in an office and it should be a detailed investigation into the case. Only then, can the lawyer give an initial evaluation and advise you properly about the next stages that your case should take.

• Charges you a trial fee that is higher than the amount for the preliminary matters. Successful DUI attorneys go to trial. They don’t discourage their clients from going to trial by having an escalated trial fee. If your attorney is charging two or three times more for trial than for the pre-trial matters, you may want to re-consider who you hire. Trial preparation should begin the moment you hire your attorney. Every case needs to be prepared from the start as if it is going to go to trial.

• Operates his/her firm with no office staff and meets you at a restaurant, law library or a virtual office downtown, because he has no actual office. It takes a great deal of preparation to properly defend a DUI case and a lawyer should have staff members to assist not only the lawyer, but you the client when the client calls with a question. Who answers their phones when they are in court and even worse, do you want your lawyer leaving the courtroom during your case to take a cell phone call?

Attorneys are only as good as their staff and you want someone who has surrounded themselves with quality people. You should be assured the attorney and his staff members are capable, willing, and ready to TAKE YOUR CASE TO TRIAL. In any discussion of your case, you deserve to be represented from a position of strength rather than weakness.

https://www.orrlaw.com/dui-blog/2016/june/did-you-hire-a-dump-truck-lawyer-beware-/

 

 

 

 

 

« »